Public Act 096-1249
 
HB6092 EnrolledLRB096 20792 MJR 36546 b

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

Effective Date: 7/23/2010