101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3843

 

Introduced 2/14/2020, by Sen. Pat McGuire

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 13/10
105 ILCS 13/20

    Amends the P-20 Longitudinal Education Data System Act. Changes the definition of "institution of higher learning". Makes changes concerning the authority the Board of Higher Education has to collect and maintain data from nonpublic institutions of higher learning. Removes provisions allowing the Board to contract with voluntary consortiums of nonpublic institutions of higher learning established for the purpose of data sharing, research, and analysis. Removes a provision requiring the Board to seek and allowing the Board to make available grant funding to a consortium including nonpublic institutions of higher learning to provide assistance in the development of a data collection system.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The P-20 Longitudinal Education Data System Act
5is amended by changing Sections 10 and 20 as follows:
 
6    (105 ILCS 13/10)
7    Sec. 10. Definitions. In this Act:
8    "Community College Board" means the Illinois Community
9College Board.
10    "Community colleges" has the meaning ascribed to that term
11in Section 1-2 of the Public Community College Act.
12    "Early learning" means any publicly funded education and
13care program supporting young children not yet enrolled in
14kindergarten.
15    "Elementary" means kindergarten through eighth grade.
16    "Institution of higher learning" means a public or
17nonpublic entity that is one or more of the following:
18        (1) A public institution of higher education that is
19    included in the definition of "public institutions of
20    higher education" under the Board of Higher Education Act.
21        (2) A public institution of higher education funded by
22    a state other than this State and approved by the Board of
23    Higher Education to operate in this State.

 

 

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1        (3) A nonpublic educational institution approved by
2    the Board of Higher Education to operate in this State
3    pursuant to the Private Business and Vocational Schools Act
4    of 2012.
5        (4) A nonpublic educational institution authorized or
6    approved by the Board of Higher Education to operate in
7    this State pursuant to the Private College Act or Academic
8    Degree Act.
9        (5) A nonpublic educational institution exempt from
10    authorization or approval by the Board of Higher Education
11    as specified in the Private College Act or Academic Degree
12    Act.
13has the meaning ascribed to that term in Section 10 of the
14Higher Education Student Assistance Act.
15    "Longitudinal data system" means a student unit record data
16system that links student records from early learning through
17the postsecondary level, which may consist of separate student
18unit record systems integrated through agreement and data
19transfer mechanisms.
20    "Privacy protection laws" means the federal Family
21Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
22the Illinois School Student Records Act, the Personal
23Information Protection Act, and any other State or federal law
24relating to the confidentiality and protection of personally
25identifiable information.
26    "Research organization" means a governmental entity,

 

 

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1institution of higher learning, public policy or advocacy
2organization, or other person or entity conducting educational
3research that (i) is qualified to perform educational research
4and protect the privacy of student data, (ii) is seeking to
5perform research for a non-commercial purpose authorized by
6privacy protection laws, and (iii) agrees to perform the
7research pursuant to a written agreement meeting the
8requirements of privacy protection laws and this Act.
9    "School" means any elementary or secondary educational
10institution, charter school, vocational school, special
11education facility, or any other elementary or secondary
12educational agency or institution, but does not include a
13non-public school.
14    "Secondary" means ninth through twelfth grade.
15    "State Board" means the State Board of Education.
16    "State Education Authorities" means the State Board,
17Community College Board, and Board of Higher Education.
18(Source: P.A. 96-107, eff. 7-30-09.)
 
19    (105 ILCS 13/20)
20    Sec. 20. Collection and maintenance of data.
21    (a) The State Board is authorized to collect and maintain
22data from school districts, schools, and early learning
23programs and disclose this data to the longitudinal data system
24for the purposes set forth in this Act. The State Board shall
25collect data from charter schools with more than one campus in

 

 

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1a manner that can be disaggregated by campus site. The State
2Board may also disclose data to the longitudinal data system
3that the State Board is otherwise authorized by law to collect
4and maintain.
5    On or before July 1, 2010, the State Board shall establish
6procedures through which State-recognized, non-public schools
7may elect to participate in the longitudinal data system by
8disclosing data to the State Board for one or more of the
9purposes set forth in this Act.
10    Subject to the availability of funding through
11appropriations made specifically for the purposes of this Act,
12the State Board shall establish or contract for the
13establishment of a technical support and training system to
14assist school districts, schools, and early learning programs
15with data submission, use, and analysis.
16    (b) The Community College Board is authorized to collect
17and maintain data from community college districts and disclose
18this data to the longitudinal data system for the purposes set
19forth in this Act. The Community College Board may also
20disclose data to the longitudinal data system that the
21Community College Board is otherwise authorized by law to
22collect and maintain.
23    Subject to the availability of funding through
24appropriations made specifically for the purposes of this Act,
25the Community College Board shall establish or contract for the
26establishment of a technical support and training system to

 

 

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1assist community colleges with data submission, use, and
2analysis.
3    (c) The Board of Higher Education is authorized to collect
4and maintain data from any public institution of higher
5learning, other than a community college, and disclose this
6data to the longitudinal data system for the purposes set forth
7in this Act. The Board of Higher Education may also disclose
8data to the longitudinal data system that the Board of Higher
9Education is otherwise authorized by law to collect and
10maintain.
11    The Board of Higher Education is authorized to collect and
12maintain data from any nonpublic institution of higher learning
13enrolling one or more students in this State. The Board of
14Higher Education is authorized to disclose this data to the
15longitudinal data system for the purposes set forth in this
16Act.
17    Subject to the availability of funding through
18appropriations made specifically for the purposes of this Act,
19the Board of Higher Education shall establish or contract for
20the establishment of a technical support and training system to
21assist institutions of higher learning, other than public
22community colleges, with data submission, use, and analysis.
23    The Board of Higher Education shall engage in a cooperative
24planning process with institutions of higher learning and
25statewide higher education associations in connection with all
26of the activities authorized by this subsection (c). The Board

 

 

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1of Higher Education is authorized to collect and maintain data
2from any public institution of higher learning, other than
3community colleges, and disclose this data to the longitudinal
4data system for the purposes set forth in this Act. The Board
5of Higher Education may also disclose data to the longitudinal
6data system that the Board of Higher Education is otherwise
7authorized by law to collect and maintain.
8    Beginning on July 1, 2012, the Board of Higher Education is
9authorized to collect and maintain data from any non-public
10institution of higher learning enrolling one or more students
11receiving Monetary Award Program grants and any non-public
12institution of higher learning that confers graduate and
13professional degrees, pursuant to Section 35 of the Higher
14Education Student Assistance Act, and disclose this data to the
15longitudinal data system for the purposes set forth in this
16Act. Prior to July 1, 2012, any non-public institution of
17higher learning may elect to participate in the longitudinal
18data system by disclosing data for one or more of the purposes
19set forth in this Act to the Board of Higher Education or to a
20consortium that has contracted with the Board of Higher
21Education pursuant to this subsection (c).
22    The Board of Higher Education may contract with one or more
23voluntary consortiums of non-public institutions of higher
24learning established for the purpose of data sharing, research,
25and analysis. The contract may allow the consortium to collect
26data from participating institutions on behalf of the Board of

 

 

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1Higher Education. The contract may provide for consultation
2with a representative committee of participating institutions
3and a representative of one or more organizations representing
4the participating institutions prior to the use of data from
5the consortium for a data sharing arrangement entered into with
6any party other than a State Education Authority pursuant to
7Section 25 of this Act. The contract may further provide that
8individual institutions of higher learning shall have the right
9to opt out of specific uses of their data or portions thereof
10for reasons specified in the contract. Student-level data
11submitted by each institution of higher learning participating
12in a consortium that has contracted with the Board of Higher
13Education pursuant to this paragraph shall remain the property
14of that institution. Upon notice to the consortium and the
15Board of Higher Education, any non-public institution of higher
16learning shall have the right to remove its data from the
17consortium if the institution has reasonable cause to believe
18that there is a threat to the security of its data or its data
19is used in a manner that violates the terms of the contract
20between the consortium and the Board of Higher Education. In
21the event data is removed from a consortium pursuant to the
22preceding sentence, the data must be returned by the
23institution to the consortium after the basis for removal has
24been corrected. The data submitted from the consortium to the
25Board of Higher Education must be used only for agreed-upon
26purposes, as stated in the terms of the contract between the

 

 

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1consortium and the Board of Higher Education. Non-public
2institutions of higher learning submitting student-level data
3to a consortium that has contracted with the Board of Higher
4Education pursuant to this paragraph shall not be required to
5submit student-level data to the Board of Higher Education.
6    Subject to the availability of funding through
7appropriations made specifically for the purposes of this Act,
8the Board of Higher Education shall establish or contract for
9the establishment of a technical support and training system to
10assist institutions of higher learning, other than community
11colleges, with data submission, use, and analysis. The Board of
12Higher Education shall seek and may make available grant
13funding to a consortium including non-public institutions of
14higher learning to provide assistance in the development of a
15data collection system. The Board of Higher Education shall
16engage in a cooperative planning process with public and
17non-public institutions of higher learning and statewide
18higher education associations in connection with all of the
19activities authorized by this subsection (c).
20    (d) The State Education Authorities shall establish
21procedures and requirements relating to the submission of data
22authorized to be collected pursuant to this Section, including
23requirements for data specifications, quality, security, and
24timeliness. All early learning programs, schools, school
25districts, and institutions of higher learning subject to the
26data collection authority of a State Education Authority

 

 

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1pursuant to this Section shall comply with the State Education
2Authority's procedures and requirements for data submissions.
3A State Education Authority may require that staff responsible
4for collecting, validating, and submitting data participate in
5training and technical assistance offered by this State if data
6is not submitted in accordance with applicable procedures and
7requirements.
8(Source: P.A. 96-107, eff. 7-30-09; 96-1249, eff. 7-23-10.)