New York S 9643: Relates to banning the use of biometric identifying technology in schools

Bill Text

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S09643 Summary:

BILL NOS09643 

&nbsp

SAME ASSAME AS A06720-A

&nbsp

SPONSORLIU

&nbsp

COSPNSRFERNANDEZ, JACKSON, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Amd §106-b, St Tech L

&nbsp

Prohibits the use of biometric identifying technology in schools for any reason other than certain specified purposes.

Go to top S09643 Actions:

BILL NOS09643 

&nbsp

03/31/2026REFERRED TO INTERNET AND TECHNOLOGY

05/28/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

05/28/2026ORDERED TO THIRD READING CAL.1412

06/01/2026PASSED SENATE

06/01/2026DELIVERED TO ASSEMBLY

06/01/2026referred to education

Go to topS09643 Committee&nbspVotes:

Go to topS09643 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09643 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9643

 IN SENATE

 March 31, 2026
 ___________

 Introduced by Sens. LIU, FERNANDEZ, JACKSON, SALAZAR -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Internet and Technology

 AN ACT to amend the state technology law, in relation to banning the use
 of biometric identifying technology in schools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 2, 3 and 4 of section 106-b of the state tech-
 2 nology law, as added by chapter 2 of the laws of 2021, are amended to
 3 read as follows:
 4 2. a. Except as authorized in paragraph b of this subdivision, public
 5 and nonpublic elementary and secondary schools, including charter
 6 schools, shall be prohibited from purchasing or utilizing biometric
 7 identifying technology for any purpose, including school security[,
 8 until July first, two thousand twenty-two or until the commissioner of
 9 education authorizes such purchase or utilization as provided in subdi-
 10 vision three of this section, whichever occurs later].
 11 b. Schools may utilize biometric identifying technology for the
 12 following purposes: (i) fingerprint identification of prospective school
 13 employees where utilized for the purpose of compliance with a provision
 14 of the education law or the regulations of the commissioner of education
 15 [or]; (ii) fingerprint identification of teachers, administrators and
 16 students for the purpose of securely logging into a digital device for
 17 academic and administrative purposes; or (iii) to exclusively identify
 18 employees that have consented in writing to the use of such technology
 19 or in the case of employees represented under article fourteen of the
 20 civil service law, where the employee organization representing such
 21 employee has consented in writing to the use of such technology.
 22 [3. a. The commissioner of education shall not authorize the purchase
 23 or utilization of biometric identifying technology, including but not
 24 limited to facial recognition technology, without the director first
 25 issuing a report prepared in consultation with the state education
 26 department, making recommendations as to the circumstances in which the
 27 utilization of such technology is appropriate in public and nonpublic

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07150-04-6

 S. 9643 2

 1 elementary and secondary schools, including charter schools, and what
 2 restrictions and guidelines should be enacted to protect individual
 3 privacy, civil rights, and civil liberty interests. Such report shall be
 4 made public and presented to the governor, the temporary president of
 5 the senate, and the speaker of the assembly, and shall consider, evalu-
 6 ate and present recommendations concerning:
 7 i. the privacy implications of collecting, storing, and/or sharing
 8 biometric information of students, teachers, school personnel and the
 9 general public entering a school or school grounds;
 10 ii. the potential impact of the use of biometric identifying technolo-
 11 gy on student civil liberties and student civil rights, including the
 12 risks and implications of the technology resulting in false facial iden-
 13 tifications, and whether the risks of false facial identifications
 14 differs for different subgroups of individuals based on race, national
 15 origin, gender, age