Section 910.10  Purpose

 

a)         The Board may collect a fee to cover the cost of processing and handling individual student-level data requests pursuant to an approved data sharing agreement.  The fee shall not be assessed on any entities that are complying with State or federal-mandated reporting.  The fee shall be set by the Board by rule.  (Section 9.36 of Act)

 

b)         The Board may not provide personally identifiable information on individual students except when an approved data sharing agreement is signed that includes specific requirements for safeguarding the privacy and security of any personally identifiable information in compliance with the federal Family Educational Rights and Privacy Act of 1974 (20 USC 1232g). (Section 9.36 of Act)

 

Section 910.20  Definitions

 

"Act" means the Board of Higher Education Act [110 ILCS 205].

 

"Board" or "IBHE" means the Illinois Board of Higher Education.

 

"Shared Data Agreement" means a written contract between parties that defines the care and handling of sensitive or restricted use data, including, but not limited to:

 

the terms of the agreement;

 

a description of the data requested;

 

ownership of the data;

 

security measures and access to the data, including access by third parties or subcontractors of the parties;

 

uses of the data;

 

data confidentiality procedures;

 

duration of the agreement, including any renewals of the agreement; and

 

disposition of the data at the completion of the contract.

 

"Student-Level Data" means demographic, performance, and other data that pertains to a single student.

 

Section 910.30  Data Repository

 

Under the authority of the P-20 Longitudinal Education Data System Act [105 ILCS 13], the Board is the State Education Authority responsible for collecting and maintaining authoritative enrollment, completion, and student characteristic information on students enrolled in institutions of higher learning, other than community colleges.  [105 ILCS 13/15]

 

Section 910.40  Use, Security and Confidentiality of Data

 

a)         IBHE and entities accessing IBHE data shall comply with all applicable federal and State laws that regulate the privacy and use of, and access to, shared data. (See, e.g., the Family Educational Rights and Privacy Act; the Illinois School Student Records Act [105 ILCS 10]; the Data Processing Confidentiality Act [30 ILCS 585]; the Freedom of Information Act [5 ILCS 140]; section 487 of the Higher Education Act of 1965, as amended (20 USC 1094).)

 

b)         IBHE data is confidential and shall not be used or shared for any purpose other than that directly related to internal operations of IBHE or stipulated in an IBHE shared data agreement with another entity.  Entities accessing IBHE data shall be responsible for meeting IBHE shared data agreement security procedures and protocols, pursuant to Section 910.50, to protect the integrity of the data accessed, stored, transmitted or received.

 

Section 910.50  Shared Data Agreements

 

a)         Student-level data furnished by IBHE is licensed by IBHE and remains the property of IBHE.

 

b)         All requests for data files, data products, aggregations or reports containing student-level data elements, except in the case of State and federal mandated accountability reporting, shall be made in writing to IBHE using IBHE forms.

 

c)         All requests shall be approved in writing by the Executive Director, or his/her designee, prior to execution of a shared data agreement.

 

d)         All data obtained from IBHE shall be used solely for the purpose identified by the requesting entity.  The scope and term of this usage will be detailed in a shared data agreement specific to each request.  Use of the data for any other purpose requires a separate and specific written request, approval and shared data agreement.

 

e)         IBHE will provide the data "as is" with no warranties of any kind concerning fitness for any particular use.  IBHE will not be liable in any manner whatsoever for the requesting party's use of the data or any inferences, judgments or decisions resulting from the use of the data.  The data is provided "as is", and the requesting party is solely responsible for understanding the limitations of the data, including, but not limited to, its accuracy, as well as its suitability for any particular use.  IBHE makes no representations of any kind and assumes no responsibility for the requesting party's use of the data.

 

f)         Any entity in receipt of IBHE student-level data must comply with applicable laws and regulations with respect to the protection of privacy, security and dissemination of the confidential information.  Upon completion of the data sharing purpose, the entity in receipt of IBHE student-level data shall return it to IBHE or destroy it and any copies, as specified in the data sharing agreement. 

 

g)         The requesting party shall defend, indemnify, release and hold IBHE and its Board members, employees and agents harmless from and against any and all claims, losses and expenses, including any and all consequential, special, exemplary or punitive damages arising out of or incidental to the data sharing agreement, regardless of the negligence or fault of the requesting party. 

 

Section 910.60  Schedule of Fees

 

Fees are assessed for providing access to data files or producing studies, data products or analyses of data.  The following is the schedule of fees for datasets and products:

 

a)         Schedule of Fees

 

Number of Records Processed		Fee
Up to 24,000		$2,000
24,001 to 80,000		$4,000
80,001 to 300,000		$8,000
300,001 to 1,000,000		$15,000

 

b)         In addition to standard data product fees, the Board will assess a 30% surcharge for complex requests related to longitudinal analysis and generation of outcomes measures.