STATE OF MINNESOTA
DATA SHARING AGREEMENT BETWEEN
THE OFFICE OF HIGHER EDUCATION
AND A MINNESOTA INSTITUTION
This Agreement is entered into by the Minnesota Office of Higher Education (OHE) and _____________________________________ (The Institution) to share data from the Minnesota Statewide Longitudinal Education Data System (SLEDS) via SLEDS Postsecondary Data Mart on the Secured Reports section of the Minnesota Department of Education’s website.
SLEDS is a linkable data repository that organizes and analyzes education and workforce data; facilitates creation of summary reports for use by stakeholders; and creates data analytic tools for education and workforce research and evaluation to provide timely and relevant information for policy and practice. SLEDS will help identify viable pathways for individuals in achieving successful outcomes in education and work; inform decisions to support and improve education and workforce policy and practice; and assist in creating a more seamless education and workforce system for all Minnesotans. SLEDS is populated with education and workforce data collected from the contributing state agencies OHE, the Minnesota Department of Education, and the Minnesota Department of Employment and Economic Development.
Parties
1. OHE is the state agency responsible for collecting data on students enrolling in and completing postsecondary education. OHE is a state educational authority and has corresponding authority and responsibility to evaluate postsecondary education in Minnesota.
2. OHE is the chair of the Minnesota P-20 Education Partnership SLEDS Governance Committee, governing body for SLEDS, which includes leadership representatives from the contributing state agencies and provides oversight and direction for SLEDS in accordance with Minn. Stat. § 127A.70, subd. 2, Minn. Stat. § 116J.401, and Minn. Stat. § 13.32, subds. 6 and 11. OHE receives state general funds for operation and management of SLEDS.
3. The Institution is a postsecondary institution subject to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and 34 C.F.R. 99 (FERPA) which provides data to the OHE for use in SLEDS.
Legal Authority for Data Sharing
4. State and federal data practices laws govern the data that will be shared pursuant to this Agreement, including but not limited to the Family Education Rights and Privacy Act (FERPA), 20 U.S.C 1232g, and implementing regulations at 34 C.F.R. Part 99; and the Minnesota Government Data Practices Act (MGDPA), Minnesota Statutes, Chapter 13.
5. OHE is authorized under FERPA and Minn. Stat. § 13.32, subd. 3(e), to disclose otherwise private educational data regarding individual students to another entity in certain circumstances. OHE is a state educational authority as described in 34 C.F.R. § 99.31(a)(3). In accordance with 34 C.F.R. § 99.31(a)(6), FERPA permits state educational authorities to redisclose data received from local educational authorities and educational institutions without prior consent to an authorized representative, as defined by 34 C.F.R. § 99.3. Any such redisclosure must comply with the requirements of 34 C.F.R. § 99.35(a) and (b); this agreement and its provisions satisfy those requirements. Finally, this agreement complies with Minn. Stat. § 13.32, subd. 3(e), of the MGDPA, which permits disclosure of private student data pursuant to FERPA.
6. The Institution is hereby designated as OHE’s authorized representative for purposes of evaluating the impact of postsecondary educational programs and services on student achievement, college readiness and employment outcomes.
7. This data sharing agreement is also consistent with the SLEDS Data Access and Management Policy, which requires data sharing agreements for all access to SLEDS data.
Purpose and Scope
8. The purpose of this Agreement is to give The Institution access to de-identified individual student-level SLEDS data on students who are or have received educational services from the institution. Data in the SLEDS Postsecondary Data Mart will allow The Institution to evaluate its educational programs on a systems level. It will also help The Institution determine the pathways, progress, and predictors of pre- and post-college activity for its students, including but not limited to how students who enroll in and/or graduate from The Institution are prepared for post-secondary education, whether students enroll in, persist and complete post-secondary education; and employment after completion of a post-secondary program.
Duties
9. OHE responsibilities. OHE will:
A. Create and maintain a secure Postsecondary Data Mart from data elements in SLEDS, and make the Data Mart available to The Institution on the Secured Reports section of the Minnesota Department of Education’s website.
B. Populate the Postsecondary Data Mart with data on The Institution’s students on an ongoing, periodic basis consistent with this Agreement. Data elements to be shared are listed in Attachment 1 and Attachment 2. Data from all available years will be made available within a reasonable time after this Agreement is fully executed. Additional data will be added annually when it becomes available.
10. The Institution responsibilities. The Institution will:
A. Comply with the terms of this Agreement.
B. Through its authorized representative, approve staff access to Postsecondary Data Mart on the SLEDS Secured Reports website in a manner consistent with governing data practices laws, including FERPA and Minn. Stat. § 13.32. FERPA requires that a local educational agency must determine that school officials have a legitimate educational interest before those officials have access to a student’s educational records. The authorized representative will approve staff access on a case-by-case basis for each individual staff person who will have access to the Postsecondary Data Mart. By approving each individual staff person for access to the Postsecondary Data Mart, The Institution and its authorized representative assure that they have made a determination that each staff person to be granted access has a legitimate educational interest.
C. Notify OHE in a timely manner when a staff person’s access to the Postsecondary Data Mart should be revoked because they no longer have a legitimate educational interest for any reason, including but not limited to change of job responsibilities or departure or termination from employment with The Institution.
D. Not give others within or outside The Institution access to the Postsecondary Data Mart or individual-level information retrieved via the Postsecondary Data Mart. Summary data and summary analyses created from SLEDS data that do not potentially identify individual students can be used and shared.
E. Understand and comply with all of the Data Practices Provisions of this Agreement.
Data Practices Provisions
11. OHE and The Institution each agree to comply with all provisions of the Family Education Rights and Privacy Act (FERPA) and related federal regulations, the Minnesota Government Data Practices Act (MGDPA), and any and all other applicable state and federal laws governing the privacy, security, and dissemination of the SLEDS data shared pursuant to this Agreement and all data created, collected, received, stored, used, maintained, or disseminated by OHE under this Agreement. Each party is individually responsible for compliance with laws and regulations governing or affecting the collection, storage, use, sharing, disclosure and dissemination of private data. Nothing in this Agreement shall be construed to allow either party to maintain, use, disclose or disseminate student information in a manner not permitted by federal or state law.
12. The Institution understands that personally identifiable information or potentially personally identifiable information maintained by either party to this Agreement is subject to the privacy and confidentiality provisions of federal and state laws including, but not limited to, FERPA, the MGPDA, and the Individuals with Disabilities Education Act and implementing regulations (20 U.S.C. § 1417(c) and 34 C.F.R. Chapter 300).
13. Data shared pursuant to this Agreement will be made available to The Institution by OHE through secure means as required under the SLEDS Data Access and Management Policy. Specifically, OHE will share data with The Institution via the Postsecondary Data Mart that will be created and made available to The Institution on the Secured Reports section of the Minnesota Department of Education’s website, or other secure means.
14. The Institution agrees to use the SLEDS data it receives only to the extent necessary to evaluate its educational programs, student achievement and preparedness, post-secondary success, and employment outcomes and for any other use approved by the SLEDS Executive Committee. The Institution will not use the individual-level data for any other purpose.
15. The Institution and its contractors and agents will comply with the minimum necessary collection rule set forth in the MGDPA. The collection, creation, use, maintenance, and disclosure by The Institution of data on individuals will be limited to that necessary for the administration and management of programs specifically authorized by the legislature or mandated by the federal government. See Minn. Stat. § 13.05, subd. 3.
16. Data exchanged under this Agreement may not be duplicated, disseminated or used by The Institution for another purpose or program without the express written permission of SLEDS Executive Committee. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding individuals, are subject to the provisions of this Agreement in the same manner as the original data. Summary data and summary analyses created from SLEDS data that do not potentially identify individual students are not subject to this requirement.
17. The Institution agrees that only those employees, contractors, and agents who need to have access to data provided under this Agreement because they are conducting work directly related to federal or state mandatory reporting will have access to the data. The Institution agrees to provide OHE with a list of staff members currently assigned to SLEDS upon request.
18. The Institution agrees that all employee, contractors, and agents who receive data provided pursuant to this Agreement will agree in writing to comply with all applicable data practices and data privacy laws and regulations, and will complete required data practice and security training consistent with the Data Access & Management Policy.
19. All employees, contractors, and agents of the Institution who have access to the data shared under this Agreement will comply with all applicable federal and state laws with respect to the data shared under this Agreement.
20. The Institution agrees that all individuals having access to data under this Agreement are subject to adequate supervision to ensure compliance with applicable federal and state data practices laws.
21. The Institution will only disclose summary data that does not potentially identify any individual in any public reporting of data shared under this Agreement.
22. If the Institution receives a data request for SLEDS data it will consult with OHE regarding how to respond to the data request.
23. The Institution will use reasonable efforts to store and process all data collected, created, used, maintained, or disclosed in such a way that unauthorized persons cannot retrieve the information by means of a computer, remote terminal, or any other means. The Institution will use appropriate safeguards to prevent use or disclosure of private data on individuals by its employees, contractors, and agents, including but not limited to implementation of administrative, physical, and technical safeguards to reasonably and appropriately protect the privacy and integrity of individual-level data that it creates, receives, maintains or transmits under this Agreement.
24. The Institution will report any known data security or data privacy incidents to OHE as soon as they become known. For purposes of this Agreement, security incident means the unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in SLEDS. Privacy incident means violation of the MGDPA or any other applicable state or federal data practices laws, including, but not limited to, improper and/or unauthorized use or disclosure of protected information and breach of security of information as defined by Minnesota Statutes, Section 13.055. This report must be made in writing and submitted to the authorized representatives after the security or privacy incident is discovered by The Institution.
25. The Institution will destroy data received pursuant to this Agreement when it is no longer needed for evaluation of its education programs or if this or subsequent Agreements are terminated.
26. The Institution will use a secure method of destruction that prevents inadvertent release of any data and protects the privacy and confidentiality of the data before, during, or after the destruction process. After The Institution has destroyed any data, The Institution will send a letter to OHE that confirms the method and date of the data destruction.
27. Summary data and summary analyses created from SLEDS data are not subject to the destruction requirements of paragraphs 25 and 26.
28. OHE retains the right to conduct audits or other monitoring of The Institution’s policies, procedures, and systems related to storage and analysis of SLEDS data. The Institution agrees to allow OHE reasonable access if OHE conducts any audit or monitoring.
29. If OHE determines that The Institution has violated this Agreement, OHE reserves the right to request that The Institution destroys all de-identified or anonymized data received under this Agreement.
30. Liability. No party will be liable for violations of any applicable laws, or the terms of this Agreement, indirectly or directly arising out of or resulting from, or in any manner attributable to the actions of the other party.
31. Transfer. No party may assign or transfer any rights or obligations under this Agreement without prior written consent of the other party.
32. Amendment. Any amendments to this Agreement shall be in writing and shall be executed as an amendment to the Agreement. Data Access Requests approved by the SLEDS Executive Committee will be amendments to this Agreement.
33. Termination. This Agreement may be canceled by any party at any time, with or without cause, upon thirty (30) days written notice to the other parties. Each party specifically reserves the right to immediately cancel this Agreement should a party, in its sole discretion, determine that private or confidential student information has been released in a manner inconsistent with this Agreement or has not been maintained in a secure manner.
34. Authorized Representatives.
OHE authorized representative:
Meredith Fergus
Manager Financial Aid Research / SLEDS Coordinator
Office of Higher Education
1450 Energy Park Drive
St. Paul, Minnesota 55108
(651) 259-3963
The Institution authorized representative:
[name]
Title
[address]
[phone number]
[email]
35. Effective Dates. The effective dates of the Amendment shall be upon the date of execution by the Institution to June 30, 2021.