Int. No.
By Council Member Dinowitz
A Local Law to amend the administrative code of the city of New York, in relation to annual reporting on algorithmic tools approved for use in schools
Be it enacted by the Council as follows:
Section 1. Title 21-A of the administrative code of the city of New York is amended by adding a new chapter 44 to read as follows:
CHAPTER 44
REPORTING ON ALGORITHMIC TOOLS IN SCHOOLS
§ 21-1016 Definitions. For the purposes of this chapter, the following terms have the following meanings:
Algorithmic tool. The term “algorithmic tool” means any technology or computerized process that is derived from machine learning, artificial intelligence, predictive analytics, or other similar methods of data analysis.
Cloud computing system. The term “cloud computing system” means a system for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources, including, but not limited to, networks, servers, storage, applications, and services, that can be rapidly provisioned and released with minimal management efforts or service provider interaction.
Education records. The term “education records” means records directly related to a student and maintained by the department, or other person authorized by the department to provide an institutional service or function.
Identifying information. The term “identifying information” has the same meaning as set forth in section 23-1201.
Personnel records. The term “personnel records” means confidential records of the department relating to the annual professional performance review of teachers or principals.
Pre-kindergarten program. The term “pre-kindergarten program” means an early childhood education program operated by, or pursuant to a contract with, the department that serves children aged 2 to 5 not enrolled in kindergarten.
Privacy audit. The term “privacy audit” means an official assessment by the chancellor, or any person authorized by the chancellor, to assess an algorithmic tool for compliance with federal, state, and local laws or regulations regarding protected data.
Protected data. The term “protected data” means student data, personnel records, and education records.
School. The term “school” means a school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade 12.
Student data. The term “student data” means a student’s or such student’s family member’s name, personal and indirect identifiers, and other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.
§ 21-1017 Approval policies. a. The chancellor shall publish on the department’s website an overview of department policies and procedures for approving an algorithmic tool for use by the department, including how the department considers student age and grade of enrollment when reviewing and approving the use of an algorithmic tool by students.
b. The chancellor shall update such publication to reflect significant changes to department policies and procedures within 60 days of any such changes.
§ 21-1018 Annual report on algorithmic tools in schools. a. Annual reporting. No later than 60 days after the effective date of the local law that added this chapter, and annually thereafter by July 31, the chancellor shall submit to the mayor and the speaker of the council, and shall publish conspicuously on the department’s website, a report detailing each algorithmic tool approved by the chancellor for use by the department. Such report shall include the data reported pursuant to subdivisions b, c, d, and e of this section and the following information for each such algorithmic tool:
1. The name or commercial name of the algorithmic tool;
2. The date when the chancellor approved the use of the algorithmic tool by the department;
3. A brief description of the purpose and approved use of the algorithmic tool, including any restrictions on such use;
4. The department personnel authorized by the chancellor to use the algorithmic tool;
5. Whether the chancellor has approved the use of the algorithmic tool by children enrolled in a pre-kindergarten program or students, and if so, the ages of such enrollees or students, or grades of enrollment for which the chancellor has approved such use;
6. Whether the chancellor has approved the use of the algorithmic tool for a specific curriculum subject matter, and if so, the type of such curriculum subject matter;
7. Whether the chancellor has approved the use of the algorithmic tool for a specific school, community school district, pre-kindergarten program, or agency within the department, and, if so, the name of such school, community school district, pre-kindergarten program, or agency;
8. The type of data collected or analyzed by the algorithmic tool, the source of such data, and, if such data includes protected data, the type of protected data it includes;
9. Whether the algorithmic tool operates as part of a cloud computing system, and, if so, the name of any person who manages the use, performance, and delivery of services through the cloud computing system or negotiates relationships between the providers and users of the cloud computing system;
10. Whether the algorithmic tool has been assessed by the office of algorithmic accountability pursuant to subparagraph (a) of paragraph 1 of subdivision c of section 20-u of the charter, or any other person to account for bias or accuracy, and if so, the date of such assessment and the name of the assessing entity;
11. Whether the algorithmic tool has undergone a privacy audit by the chancellor, or another person authorized by the chancellor to conduct such an audit, and if so, the date of such audit and the name of the person who conducted such audit;
12 The total amount of funds expended by the department to procure or operate the algorithmic tool;
13. The total number of schools or community school districts that use the algorithmic tool; and
14. The total number of individuals who have used the algorithmic tool during the reporting period, or an estimate thereof.
b. Grade data. The annual report required under subdivision a of this section shall include a table in which each separate row references a unique algorithmic tool approved by the chancellor for use by the department. Each row shall indicate whether the chancellor has approved such algorithmic tool for use in each grade taught at a school, set forth in separate columns for each such grade.
c. Curriculum data. The annual report required under subdivision a of this section shall include a table in which each separate row references a unique algorithmic tool approved by the chancellor for use by the department. Each row shall indicate whether the chancellor has approved such algorithmic tool for a particular curriculum subject matter taught by a teacher, set forth in separate columns for each curriculum subject matter taught at a school.
d. Student availability and adoption data. 1. The annual report required under subdivision a of this section shall include a table in which each separate row references a unique algorithmic tool approved by the chancellor for use by students. Each row shall indicate for each such algorithmic tool the number of students eligible to use the algorithmic tool in total, and as disaggregated pursuant to paragraph 3 of this subdivision, including where the number is 0.
2. The annual report required under subdivision a of this section shall include a table in which each separate row references a unique algorithmic tool approved by the chancellor for use by students. Each row shall indicate for each such algorithmic tool the number of students eligible to use the algorithmic tool who used the algorithmic tool in total, and as disaggregated pursuant to paragraph 3 of this subdivision, including where the number is 0.
3. The data required pursuant to paragraphs 1 and 2 shall be based upon information for the prior academic year. Such data shall be disaggregated by:
(a) English language learner status;
(b) Eligibility for the free and reduced price lunch program;
(c) Special education status; and
(d) Status as a student with a 504 plan.
e. School and program spending data. 1. The annual report required under subdivision a of this section shall include a table in which each separate row references a unique school, grouped by community school district, including district 75 and district 79. Each row shall include the following information for each such school, based upon information for the prior academic school year, as well as any additional information the chancellor deems appropriate, set forth in separate columns:
(a) The total number of students enrolled at the school;
(b) The racial and ethnic composition of the student population enrolled at the school;
(c) The percentage of students enrolled at the school who are eligible for the free and reduced price lunch program;
(d) The grades taught at the school;
(e) The amount of funds received by the school to use an algorithmic tool approved by the chancellor for use by such school; and
(f) The name or commercial name of any such algorithmic tool used by school personnel or students enrolled at the school.
2. The annual report required under subdivision a of this section shall include a table in which each separate row references a unique pre-kindergarten program. Each row shall include the following information for each such program, based upon information for the prior academic year, as well as any additional information the chancellor deems appropriate, set forth in separate columns:
(a) The total number of children enrolled in the program;
(b) The racial and ethnic composition of the children enrolled in the program;
(c) The amount of funds received by the program to use an algorithmic tool approved by the chancellor for use by such program; and
(d) The name or commercial name of any such algorithmic tool used by program personnel or children enrolled in the program.
f. The report required by this section shall include a data dictionary.
§ 21-1019 Privacy. a. Except as otherwise expressly provided in this chapter, no report required by section 21-1018 shall contain identifying information.
b. No information that is otherwise required to be reported pursuant to this chapter shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 students, or contains an amount that would allow another category that contains between 1 and 5 students to be deduced, the number shall be replaced with a symbol. A category that contains 0 shall be reported as 0, unless such reporting would violate any applicable provision of federal, state, or local law relating to the privacy of student information.
§ 2. This local law takes effect 120 days after it becomes law.
ALK
LS #24400, 24402
6/16/2026 2:42 PM