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.