Bill Text: IL SB3843 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3843 Detail]

Download: Illinois-2019-SB3843-Introduced.html

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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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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 10 and 20 as follows:
(105 ILCS 13/10)
Sec. 10. Definitions. In this Act:
"Community College Board" means the Illinois Community
College Board.
"Community colleges" has the meaning ascribed to that term
in Section 1-2 of the Public Community College Act.
"Early learning" means any publicly funded education and
care program supporting young children not yet enrolled in
kindergarten.
"Elementary" means kindergarten through eighth grade.
"Institution of higher learning" means a public or
nonpublic entity that is one or more of the following:
(1) A public institution of higher education that is
included in the definition of "public institutions of
higher education" under the Board of Higher Education Act.
(2) A public institution of higher education funded by
a state other than this State and approved by the Board of
Higher Education to operate in this State.

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

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institution of higher learning, public policy or advocacy
organization, or other person or entity conducting educational
research that (i) is qualified to perform educational research
and protect the privacy of student data, (ii) is seeking to
perform research for a non-commercial purpose authorized by
privacy protection laws, and (iii) agrees to perform the
research pursuant to a written agreement meeting the
requirements of privacy protection laws and this Act.
"School" means any elementary or secondary educational
institution, charter school, vocational school, special
education facility, or any other elementary or secondary
educational agency or institution, but does not include a
non-public school.
"Secondary" means ninth through twelfth grade.
"State Board" means the State Board of Education.
"State Education Authorities" means the State Board,
Community College Board, and Board of Higher Education.
(Source: P.A. 96-107, eff. 7-30-09.)
(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

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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

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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 a community college, 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.
The Board of Higher Education is authorized to collect and
maintain data from any nonpublic institution of higher learning
enrolling one or more students in this State. The Board of
Higher Education is authorized to disclose this data to the
longitudinal data system for the purposes set forth in this
Act.
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 public
community colleges, with data submission, use, and analysis.
The Board of Higher Education shall engage in a cooperative
planning process with institutions of higher learning and
statewide higher education associations in connection with all
of the activities authorized by this subsection (c). The Board

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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

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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

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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 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

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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; 96-1249, eff. 7-23-10.)