LRB-3755/1
PG:nwn:jf
2009 - 2010 LEGISLATURE
October 29, 2009 - Introduced by Representatives Pope-Roberts, Dexter, Sinicki
and Hixson. Referred to Committee on Education.
AB536,1,6
1An Act to create 36.11 (31), 38.04 (19) and 115.297 of the statutes;
relating to:
2authorizing the Department of Public Instruction, the University of Wisconsin
3System, the Technical College System, and the Wisconsin Association of
4Independent Colleges and Universities to study each other's education
5programs, requiring a written agreement concerning such studies, and
6requiring the establishment of a longitudinal data system of student data.
Analysis by the Legislative Reference Bureau
This bill directs the Board of Regents of the University of Wisconsin System, the
Technical College System Board, the Department of Public Instruction, and the
Wisconsin Association of Independent Colleges and Universities (agencies) to enter
into a written agreement that:
1. Requires the agencies to establish a longitudinal data system of student data
that links such data from preschool programs through postsecondary education
programs.
2. Describes the process by which any of the agencies may evaluate and study
education programs operated or supervised by one or more of the other agencies.
3. Requires an agency to obtain the approval of, and enter into a written
agreement with, the other agency before it can study or evaluate the latter agency's
education programs.
4. Requires the agencies to exchange student data to the extent necessary to
perform the evaluation or study.
5. Allows the agencies to collaborate with other persons, including state
agencies, to import workforce or other data into the longitudinal data system to
assist with an evaluation or study.
The bill authorizes the agencies to submit student data to the longitudinal data
system, to another agency, or to a public or private research organization to support
an evaluation or study. If the student data contains personally identifiable
information, however, an agency's disclosure must be in connection with a
data-sharing agreement that:
1. Specifies the purpose, scope, and duration of the agreement.
2. Requires the recipient to use personally identifiable information only for the
purpose specified.
3. Describes the specific data access, use, and security restrictions with which
the recipient must comply.
4. Requires that the personally identifiable information be destroyed or
returned when no longer needed or upon expiration of the data-sharing agreement,
whichever occurs first.
5. If the disclosure is to a public or private research organization, prohibits the
personal identification of any person by individuals other than authorized
representatives of the recipient who have legitimate interests in the information.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB536, s. 1
1Section
1. 36.11 (31) of the statutes is created to read:
AB536,2,72
36.11
(31) Cooperative research on education programs. The board shall
3enter into a written agreement with the department of public instruction, the
4technical college system board, and the Wisconsin Association of Independent
5Colleges and Universities to cooperatively conduct research on preschool through
6postsecondary education programs under s. 115.297, except as provided in s. 115.297
7(5) (b).
AB536, s. 2
8Section
2. 38.04 (19) of the statutes is created to read:
AB536,3,39
38.04
(19) Cooperative research on education programs. The board shall
10enter into a written agreement with the department of public instruction, the board
11of regents of the University of Wisconsin System, and the Wisconsin Association of
1Independent Colleges and Universities to cooperatively conduct research on
2preschool through postsecondary education programs under s. 115.297, except as
3provided in s. 115.297 (5) (b).
AB536, s. 3
4Section
3. 115.297 of the statutes is created to read:
AB536,3,6
5115.297 Cooperative research on education programs; statewide
6student data system. (1) Definitions. In this section:
AB536,3,97
(a) "Agencies" means the department, the board of regents of the University of
8Wisconsin System, the technical college system board, and the Wisconsin
9Association of Independent Colleges and Universities.
AB536,3,1110
(b) "Personally identifiable" means personally identifiable information, as
11defined in
34 CFR 99.3.
AB536,3,1412
(c) "Postsecondary education" means education at an institution of higher
13education occurring after the completion of high school, including undergraduate,
14graduate and professional education.
AB536,3,1615
(d) "Student data" means information contained in education records, as
16defined in
34 CFR 99.3, and pupil records, as defined in s. 118.125 (1) (d).
AB536,3,22
17(2) Evaluations and studies of education programs. Any of the agencies on
18their own or jointly with one or more of the other agencies may evaluate and study
19education programs operated or supervised by one or more of the other agencies,
20pursuant to the written agreement entered into under sub. (3), for the purpose of
21improving student academic achievement beginning with preschool programs and
22continuing through postsecondary education.
AB536,3,25
23(3) Written agreement. By the first day of the 3rd month beginning after the
24effective date of this subsection .... [LRB inserts date], the agencies shall enter into
25a written agreement that does all of the following:
AB536,4,5
1(a) Requires that the agencies establish and maintain a longitudinal data
2system of student data that links such data from preschool programs to
3postsecondary education programs, and describes the process by which the data
4system will be established and maintained. The data system may consist of separate
5record systems integrated through agreement and data transfer mechanisms.
AB536,4,106
(b) Describes the process by which any of the agencies on their own or jointly
7with one or more of the other agencies may evaluate and study education programs
8operated or supervised by one or more of the other agencies for the purpose of
9improving student academic achievement beginning with preschool programs and
10continuing through postsecondary education.
AB536,4,1411
(c) Prohibits any of the agencies from evaluating or studying another agency's
12education programs without the approval of the latter agency and a written
13agreement specifying the level of supervision and involvement that each of the
14agencies will have in the work performed.
AB536,4,1615
(d) Requires the agencies to exchange student data to the extent necessary to
16perform the evaluation or study approved under par. (c).
AB536,4,1817
(e) Establishes a system for the agencies to enter into data-sharing agreements
18with each other and with public and private research organizations under sub. (4).
AB536,4,2219
(f) Establishes a process by which one or more of the agencies may collaborate
20with other persons, including state agencies, to import workforce or other data into
21the longitudinal data system under par. (a) to assist with an evaluation or study
22approved under par. (c).
AB536,4,2423
(g) Commits the agencies to protect student privacy and comply with laws
24pertaining to the privacy of student data.
AB536,5,4
1(4) Data sharing. (a) Except as provided in par. (b), any of the agencies may
2submit student data to the longitudinal data system under sub. (3) (a), to another
3agency, or to a public or private research organization, to support an evaluation or
4study under this section.
AB536,5,95
(b) Any of the agencies may disclose personally identifiable student data to the
6longitudinal data system under sub. (3) (a), to another agency, or to a public or private
7research organization, to support an evaluation or study under this section if the
8disclosure is in connection with a data-sharing agreement that does all of the
9following:
AB536,5,1010
1. Specifies the purpose, scope, and duration of the data-sharing agreement.
AB536,5,1211
2. Requires the recipient to use personally identifiable student data only for the
12purpose specified in subd. 1.
AB536,5,1413
3. Describes the specific data access, use, and security restrictions with which
14the recipient will comply.
AB536,5,1715
4. Requires that the personally identifiable student data be destroyed or
16returned when no longer needed for the purpose specified in subd. 1. or upon
17expiration of the data-sharing agreement, whichever occurs first.
AB536,5,2018
5. If the disclosure is to a public or private research organization, prohibits the
19personal identification of any person by individuals other than authorized
20representatives of the recipient who have legitimate interests in the information.
AB536,5,24
21(5) Existing authority. (a) Nothing in this section, and nothing in the written
22agreement under sub. (3) or in a data-sharing agreement entered into under sub. (4),
23may be construed to infringe upon or diminish the legal authority of any of the
24agencies.
AB536,6,3
1(b) Failure of any of the agencies to enter into a written agreement under sub.
2(3) does not affect the powers and duties conferred upon the other agencies under this
3section or under s. 36.11 (31) or 38.04 (19).
