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HB6092 Enrolled |
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LRB096 20792 MJR 36546 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The P-20 Longitudinal Education Data System Act |
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| is amended by changing Sections 20 and 25 as follows: |
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| (105 ILCS 13/20)
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| Sec. 20. Collection and maintenance of data. |
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| (a) The State Board is authorized to collect and maintain |
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| data from school districts, schools, and early learning |
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| programs and disclose this data to the longitudinal data system |
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| for the purposes set forth in this Act. The State Board shall |
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| collect data from charter schools with more than one campus in |
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| a manner that can be disaggregated by campus site. The State |
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| Board may also disclose data to the longitudinal data system |
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| that the State Board is otherwise authorized by law to collect |
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| and maintain. |
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| On or before July 1, 2010, the State Board shall establish |
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| procedures through which State-recognized, non-public schools |
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| may elect to participate in the longitudinal data system by |
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| disclosing data to the State Board for one or more of the |
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| purposes set forth in this Act. |
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| Subject to the availability of funding through |
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| appropriations made specifically for the purposes of this Act, |
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HB6092 Enrolled |
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LRB096 20792 MJR 36546 b |
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| the State Board shall establish or contract for the |
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| establishment of a technical support and training system to |
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| assist school districts, schools, and early learning programs |
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| with data submission, use, and analysis. |
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| (b) The Community College Board is authorized to collect |
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| and maintain data from community college districts and disclose |
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| this data to the longitudinal data system for the purposes set |
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| forth in this Act. The Community College Board may also |
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| disclose data to the longitudinal data system that the |
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| Community College Board is otherwise authorized by law to |
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| collect and maintain. |
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| Subject to the availability of funding through |
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| appropriations made specifically for the purposes of this Act, |
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| the Community College Board shall establish or contract for the |
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| establishment of a technical support and training system to |
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| assist community colleges with data submission, use, and |
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| analysis. |
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| (c) The Board of Higher Education is authorized to collect |
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| and maintain data from any public institution of higher |
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| learning, other than community colleges, and disclose this data |
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| to the longitudinal data system for the purposes set forth in |
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| this Act. The Board of Higher Education may also disclose data |
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| to the longitudinal data system that the Board of Higher |
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| Education is otherwise authorized by law to collect and |
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| maintain. |
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| Beginning on July 1, 2012, the Board of Higher Education is |
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LRB096 20792 MJR 36546 b |
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| authorized to collect and maintain data from any non-public |
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| institution of higher learning enrolling one or more students |
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| receiving Monetary Award Program grants and any non-public |
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| institution of higher learning that confers graduate and |
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| professional degrees , pursuant to Section 35 of the Higher |
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| Education Student Assistance Act, and disclose this data to the |
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| longitudinal data system for the purposes set forth in this |
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| Act. Prior to July 1, 2012, any non-public institution of |
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| higher learning may elect to participate in the longitudinal |
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| data system by disclosing data for one or more of the purposes |
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| set forth in this Act to the Board of Higher Education or to a |
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| consortium that has contracted with the Board of Higher |
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| Education pursuant to this subsection (c). |
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| The Board of Higher Education may contract with one or more |
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| voluntary consortiums of non-public institutions of higher |
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| learning established for the purpose of data sharing, research, |
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| and analysis. The contract may allow the consortium to collect |
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| data from participating institutions on behalf of the Board of |
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| Higher Education. The contract may provide for consultation |
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| with a representative committee of participating institutions |
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| and a representative of one or more organizations representing |
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| the participating institutions prior to the use of data from |
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| the consortium for a data sharing arrangement entered into with |
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| any party other than a State Education Authority pursuant to |
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| Section 25 of this Act. The contract may further provide that |
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| individual institutions of higher learning shall have the right |
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LRB096 20792 MJR 36546 b |
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| to opt out of specific uses of their data or portions thereof |
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| for reasons specified in the contract. Student-level data |
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| submitted by each institution of higher learning participating |
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| in a consortium that has contracted with the Board of Higher |
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| Education pursuant to this paragraph shall remain the property |
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| of that institution. Upon notice to the consortium and the |
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| Board of Higher Education, any non-public institution of higher |
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| learning shall have the right to remove its data from the |
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| consortium if the institution has reasonable cause to believe |
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| that there is a threat to the security of its data or its data |
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| is used in a manner that violates the terms of the contract |
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| between the consortium and the Board of Higher Education. In |
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| the event data is removed from a consortium pursuant to the |
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| preceding sentence, the data must be returned by the |
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| institution to the consortium after the basis for removal has |
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| been corrected. The data submitted from the consortium to the |
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| Board of Higher Education must be used only for agreed-upon |
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| purposes, as stated in the terms of the contract between the |
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| consortium and the Board of Higher Education. Non-public |
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| institutions of higher learning submitting student-level data |
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| to a consortium that has contracted with the Board of Higher |
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| Education pursuant to this paragraph shall not be required to |
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| submit student-level data to the Board of Higher Education. |
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| Subject to the availability of funding through |
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| appropriations made specifically for the purposes of this Act, |
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| the Board of Higher Education shall establish or contract for |
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HB6092 Enrolled |
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LRB096 20792 MJR 36546 b |
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| the establishment of a technical support and training system to |
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| assist institutions of higher learning, other than community |
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| colleges, with data submission, use, and analysis. The Board of |
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| Higher Education shall seek and may make available grant |
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| funding to a consortium including of non-public institutions of |
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| higher learning to provide assistance in the development of a |
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| data collection system. The Board of Higher Education shall |
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| engage in a cooperative planning process with public and |
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| non-public institutions of higher learning and statewide |
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| higher education associations in connection with all of the |
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| activities authorized by this subsection (c). |
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| (d) The State Education Authorities shall establish |
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| procedures and requirements relating to the submission of data |
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| authorized to be collected pursuant to this Section, including |
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| requirements for data specifications, quality, security, and |
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| timeliness. All early learning programs, schools, school |
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| districts, and institutions of higher learning subject to the |
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| data collection authority of a State Education Authority |
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| pursuant to this Section shall comply with the State Education |
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| Authority's procedures and requirements for data submissions. |
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| A State Education Authority may require that staff responsible |
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| for collecting, validating, and submitting data participate in |
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| training and technical assistance offered by this State if data |
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| is not submitted in accordance with applicable procedures and |
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| requirements.
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| (Source: P.A. 96-107, eff. 7-30-09.) |
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LRB096 20792 MJR 36546 b |
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| (105 ILCS 13/25)
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| Sec. 25. Data sharing. |
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| (a) The State Education Authorities may disclose data from |
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| the longitudinal data system collected pursuant to Section 20 |
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| of this Act only in connection with a data sharing arrangement |
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| meeting the requirements of this Section. |
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| (b) Any State agency, board, authority, or commission may |
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| enter into a data sharing arrangement with one or more of the |
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| State Education Authorities to share data to support the |
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| research and evaluation activities authorized by this Act. |
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| State Education Authorities may also enter into data sharing |
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| arrangements with other governmental entities, institutions of |
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| higher learning, and research organizations that support the |
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| research and evaluation activities authorized by this Act. |
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| (c) Any data sharing arrangement entered into pursuant to |
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| this Section must: |
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| (1) be permissible under and undertaken in accordance |
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| with privacy protection laws; |
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| (2) be approved by the following persons:
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| (A) the State Superintendent of Education or his or |
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| her designee for the use of early learning, public |
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| school, and non-public school student data; |
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| (B) the chief executive officer of the Community |
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| College Board or his or her designee for the use of |
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| community college student data; and |
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LRB096 20792 MJR 36546 b |
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| (C) the executive director of the Board of Higher |
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| Education or his or her designee for the use of student |
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| data from an institution of higher learning, other than |
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| a community college;
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| (3) not permit the personal identification of any |
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| person by individuals other than authorized |
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| representatives of the recipient entity that have |
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| legitimate interests in the information; |
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| (4) ensure the destruction or return of the data when |
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| no longer needed for the authorized purposes under the data |
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| sharing arrangement; and |
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| (5) be performed pursuant to a written agreement with |
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| the recipient entity that does the following: |
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| (A) specifies the purpose, scope, and duration of |
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| the data sharing arrangement; |
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| (B) requires the recipient of the data to use |
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| personally identifiable information from education |
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| records to meet only the purpose or purposes of the |
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| data sharing arrangement stated in the written |
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| agreement; |
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| (C) describes specific data access, use, and |
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| security restrictions that the recipient will |
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| undertake; and |
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| (D) includes such other terms and provisions as the |
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| State Education Authorities deem necessary to carry |
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| out the intent and purposes of this Act.
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HB6092 Enrolled |
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LRB096 20792 MJR 36546 b |
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| (d) Data that has been submitted to the Board by a |
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| consortium of non-public colleges and universities is |
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| prohibited from being included in any interstate data-sharing |
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| agreements with other states unless consortium participants |
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| agree to allow interstate data sharing. |
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| Any non-public college may prohibit its data from being |
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| shared with any other state. |
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| Any non-public college may prohibit its data from being |
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| included in any interstate data-sharing agreement. |
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| (Source: P.A. 96-107, eff. 7-30-09.)
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2010.
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