Full Text of HB6092 96th General Assembly
HB6092enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| is amended by changing Sections 20 and 25 as follows: | 6 |
| (105 ILCS 13/20)
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| Sec. 20. Collection and maintenance of data. | 8 |
| (a) The State Board is authorized to collect and maintain | 9 |
| data from school districts, schools, and early learning | 10 |
| programs and disclose this data to the longitudinal data system | 11 |
| for the purposes set forth in this Act. The State Board shall | 12 |
| collect data from charter schools with more than one campus in | 13 |
| a manner that can be disaggregated by campus site. The State | 14 |
| Board may also disclose data to the longitudinal data system | 15 |
| that the State Board is otherwise authorized by law to collect | 16 |
| and maintain. | 17 |
| On or before July 1, 2010, the State Board shall establish | 18 |
| procedures through which State-recognized, non-public schools | 19 |
| may elect to participate in the longitudinal data system by | 20 |
| disclosing data to the State Board for one or more of the | 21 |
| purposes set forth in this Act. | 22 |
| Subject to the availability of funding through | 23 |
| appropriations made specifically for the purposes of this Act, |
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| the State Board shall establish or contract for the | 2 |
| establishment of a technical support and training system to | 3 |
| assist school districts, schools, and early learning programs | 4 |
| with data submission, use, and analysis. | 5 |
| (b) The Community College Board is authorized to collect | 6 |
| and maintain data from community college districts and disclose | 7 |
| this data to the longitudinal data system for the purposes set | 8 |
| forth in this Act. The Community College Board may also | 9 |
| disclose data to the longitudinal data system that the | 10 |
| Community College Board is otherwise authorized by law to | 11 |
| collect and maintain. | 12 |
| Subject to the availability of funding through | 13 |
| appropriations made specifically for the purposes of this Act, | 14 |
| the Community College Board shall establish or contract for the | 15 |
| establishment of a technical support and training system to | 16 |
| assist community colleges with data submission, use, and | 17 |
| analysis. | 18 |
| (c) The Board of Higher Education is authorized to collect | 19 |
| and maintain data from any public institution of higher | 20 |
| learning, other than community colleges, and disclose this data | 21 |
| to the longitudinal data system for the purposes set forth in | 22 |
| this Act. The Board of Higher Education may also disclose data | 23 |
| to the longitudinal data system that the Board of Higher | 24 |
| Education is otherwise authorized by law to collect and | 25 |
| maintain. | 26 |
| Beginning on July 1, 2012, the Board of Higher Education is |
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| authorized to collect and maintain data from any non-public | 2 |
| institution of higher learning enrolling one or more students | 3 |
| receiving Monetary Award Program grants and any non-public | 4 |
| institution of higher learning that confers graduate and | 5 |
| professional degrees , pursuant to Section 35 of the Higher | 6 |
| Education Student Assistance Act, and disclose this data to the | 7 |
| longitudinal data system for the purposes set forth in this | 8 |
| Act. Prior to July 1, 2012, any non-public institution of | 9 |
| higher learning may elect to participate in the longitudinal | 10 |
| data system by disclosing data for one or more of the purposes | 11 |
| set forth in this Act to the Board of Higher Education or to a | 12 |
| consortium that has contracted with the Board of Higher | 13 |
| Education pursuant to this subsection (c). | 14 |
| The Board of Higher Education may contract with one or more | 15 |
| voluntary consortiums of non-public institutions of higher | 16 |
| learning established for the purpose of data sharing, research, | 17 |
| and analysis. The contract may allow the consortium to collect | 18 |
| data from participating institutions on behalf of the Board of | 19 |
| Higher Education. The contract may provide for consultation | 20 |
| with a representative committee of participating institutions | 21 |
| and a representative of one or more organizations representing | 22 |
| the participating institutions prior to the use of data from | 23 |
| the consortium for a data sharing arrangement entered into with | 24 |
| any party other than a State Education Authority pursuant to | 25 |
| Section 25 of this Act. The contract may further provide that | 26 |
| individual institutions of higher learning shall have the right |
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| to opt out of specific uses of their data or portions thereof | 2 |
| for reasons specified in the contract. Student-level data | 3 |
| submitted by each institution of higher learning participating | 4 |
| in a consortium that has contracted with the Board of Higher | 5 |
| Education pursuant to this paragraph shall remain the property | 6 |
| of that institution. Upon notice to the consortium and the | 7 |
| Board of Higher Education, any non-public institution of higher | 8 |
| learning shall have the right to remove its data from the | 9 |
| consortium if the institution has reasonable cause to believe | 10 |
| that there is a threat to the security of its data or its data | 11 |
| is used in a manner that violates the terms of the contract | 12 |
| between the consortium and the Board of Higher Education. In | 13 |
| the event data is removed from a consortium pursuant to the | 14 |
| preceding sentence, the data must be returned by the | 15 |
| institution to the consortium after the basis for removal has | 16 |
| been corrected. The data submitted from the consortium to the | 17 |
| Board of Higher Education must be used only for agreed-upon | 18 |
| purposes, as stated in the terms of the contract between the | 19 |
| consortium and the Board of Higher Education. Non-public | 20 |
| institutions of higher learning submitting student-level data | 21 |
| to a consortium that has contracted with the Board of Higher | 22 |
| Education pursuant to this paragraph shall not be required to | 23 |
| submit student-level data to the Board of Higher Education. | 24 |
| Subject to the availability of funding through | 25 |
| appropriations made specifically for the purposes of this Act, | 26 |
| the Board of Higher Education shall establish or contract for |
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| the establishment of a technical support and training system to | 2 |
| assist institutions of higher learning, other than community | 3 |
| colleges, with data submission, use, and analysis. The Board of | 4 |
| Higher Education shall seek and may make available grant | 5 |
| funding to a consortium including of non-public institutions of | 6 |
| higher learning to provide assistance in the development of a | 7 |
| data collection system. The Board of Higher Education shall | 8 |
| engage in a cooperative planning process with public and | 9 |
| non-public institutions of higher learning and statewide | 10 |
| higher education associations in connection with all of the | 11 |
| activities authorized by this subsection (c). | 12 |
| (d) The State Education Authorities shall establish | 13 |
| procedures and requirements relating to the submission of data | 14 |
| authorized to be collected pursuant to this Section, including | 15 |
| requirements for data specifications, quality, security, and | 16 |
| timeliness. All early learning programs, schools, school | 17 |
| districts, and institutions of higher learning subject to the | 18 |
| data collection authority of a State Education Authority | 19 |
| pursuant to this Section shall comply with the State Education | 20 |
| Authority's procedures and requirements for data submissions. | 21 |
| A State Education Authority may require that staff responsible | 22 |
| for collecting, validating, and submitting data participate in | 23 |
| training and technical assistance offered by this State if data | 24 |
| is not submitted in accordance with applicable procedures and | 25 |
| requirements.
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| (Source: P.A. 96-107, eff. 7-30-09.) |
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| (105 ILCS 13/25)
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| Sec. 25. Data sharing. | 3 |
| (a) The State Education Authorities may disclose data from | 4 |
| the longitudinal data system collected pursuant to Section 20 | 5 |
| of this Act only in connection with a data sharing arrangement | 6 |
| meeting the requirements of this Section. | 7 |
| (b) Any State agency, board, authority, or commission may | 8 |
| enter into a data sharing arrangement with one or more of the | 9 |
| State Education Authorities to share data to support the | 10 |
| research and evaluation activities authorized by this Act. | 11 |
| State Education Authorities may also enter into data sharing | 12 |
| arrangements with other governmental entities, institutions of | 13 |
| higher learning, and research organizations that support the | 14 |
| research and evaluation activities authorized by this Act. | 15 |
| (c) Any data sharing arrangement entered into pursuant to | 16 |
| this Section must: | 17 |
| (1) be permissible under and undertaken in accordance | 18 |
| with privacy protection laws; | 19 |
| (2) be approved by the following persons:
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| (A) the State Superintendent of Education or his or | 21 |
| her designee for the use of early learning, public | 22 |
| school, and non-public school student data; | 23 |
| (B) the chief executive officer of the Community | 24 |
| College Board or his or her designee for the use of | 25 |
| community college student data; and |
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| (C) the executive director of the Board of Higher | 2 |
| Education or his or her designee for the use of student | 3 |
| data from an institution of higher learning, other than | 4 |
| a community college;
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| (3) not permit the personal identification of any | 6 |
| person by individuals other than authorized | 7 |
| representatives of the recipient entity that have | 8 |
| legitimate interests in the information; | 9 |
| (4) ensure the destruction or return of the data when | 10 |
| no longer needed for the authorized purposes under the data | 11 |
| sharing arrangement; and | 12 |
| (5) be performed pursuant to a written agreement with | 13 |
| the recipient entity that does the following: | 14 |
| (A) specifies the purpose, scope, and duration of | 15 |
| the data sharing arrangement; | 16 |
| (B) requires the recipient of the data to use | 17 |
| personally identifiable information from education | 18 |
| records to meet only the purpose or purposes of the | 19 |
| data sharing arrangement stated in the written | 20 |
| agreement; | 21 |
| (C) describes specific data access, use, and | 22 |
| security restrictions that the recipient will | 23 |
| undertake; and | 24 |
| (D) includes such other terms and provisions as the | 25 |
| State Education Authorities deem necessary to carry | 26 |
| out the intent and purposes of this Act.
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| (d) Data that has been submitted to the Board by a | 2 |
| consortium of non-public colleges and universities is | 3 |
| prohibited from being included in any interstate data-sharing | 4 |
| agreements with other states unless consortium participants | 5 |
| agree to allow interstate data sharing. | 6 |
| Any non-public college may prohibit its data from being | 7 |
| shared with any other state. | 8 |
| Any non-public college may prohibit its data from being | 9 |
| included in any interstate data-sharing agreement. | 10 |
| (Source: P.A. 96-107, eff. 7-30-09.)
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| Section 99. Effective date. This Act takes effect July 1, | 12 |
| 2010.
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