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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | 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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7 | 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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1 | 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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1 | 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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1 | 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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1 | 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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26 | (Source: P.A. 96-107, eff. 7-30-09.) |
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1 | (105 ILCS 13/25)
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2 | 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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20 | (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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1 | (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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5 | (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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1 | (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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11 | Section 99. Effective date. This Act takes effect July 1, | ||||||
12 | 2010.
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