STATE OF MINNESOTA
DATA SHARING AGREEMENTBETWEEN
THE OFFICE OF HIGHER EDUCATION
AND A MINNESOTAINSTITUTION
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 SLEDSPostsecondary 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 institutionsubject 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 institutionswithout prior consentto 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 giveThe 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 PostsecondaryData 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 graduatefromThe 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 PostsecondaryData 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 PostsecondaryData 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 Institutionresponsibilities.The Institution will:
A.Comply with the terms of this Agreement.
B. Through its authorized representative, approve staff access to PostsecondaryData 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 PostsecondaryData Mart, The Institution and its authorized representative assure that they have made a determination thateach 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 PostsecondaryData 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 Institutionaccess to the PostsecondaryData Mart or individual-level information retrieved via the PostsecondaryData 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. OHEand The Institutioneach 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 Institutionunderstands 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 Institutionby OHE through secure means as required under the SLEDS Data Access and Management Policy. Specifically, OHE will share data with The Institutionvia the PostsecondaryData Mart that will be created and made available to The Institutionon the Secured Reports section of the Minnesota Department of Education’s website, or other secure means.
14. The Institutionagrees 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 outcomesand for any other use approved by the SLEDS Executive Committee. The Institutionwill not use the individual-level data for any other purpose.
15.The Institutionand 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 Institutionof 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 Institutionfor 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 Institutionagrees 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 reportingwill have access to the data. The Institutionagrees to provide OHE with a list of staff members currently assigned to SLEDS upon request.
18. The Institutionagrees that all employee, contractors, and agents who receive data provided pursuant to this Agreementwill 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 Institutionwho 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 Institutionagrees that all individuals having access to data under this Agreementare subject to adequate supervision to ensure compliance with applicable federal and state data practices laws.
21. The Institutionwill only disclose summary data that does not potentially identify any individual in any public reporting of data shared under this Agreement.
22. If the Institutionreceives a data request for SLEDS data it will consult with OHE regarding how to respond to the data request.
23.The Institutionwilluse 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 Institutionwill 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 Institutionwill 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 Institutionwill destroy data received pursuant to this Agreement when it is no longer neededfor evaluation of its education programs or if this or subsequent Agreements are terminated.
26. The Institutionwilluse 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 Institutionhas destroyed any data, The Institutionwill send a letter to OHEthat 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 Institutionagrees to allow OHE reasonable access if OHE conducts any audit or monitoring.
29. If OHE determines that The Institutionhas violated this Agreement, OHE reserves the right to request that The Institutiondestroys 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 Institutionauthorized 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.
The parties have caused this Agreement to be duly executed, intending to be bound by it.
Office of Higher Education:
______
Larry PogemillerDate
Commissioner
Minnesota Office of Higher Education
The Institution:
______
[name]Date
Title
Institution Name
SLEDS Postsecondary Data Mart Data Sharing Agreement (2016) Page 1
ATTACHMENT 1
DATA ELEMENTS TO BE SHARED
Enrolled Students
One record per Enrolled Student per Fiscal Year Selected as reported by The Institution to OHE
Row # / Field / Description / Time Period / Source1 / SLEDS Person ID / Random ID assigned to student by SLEDS / SLEDS
2 / Registration Type / Registration Type reported to OHE in this FY of Enrollment / Fiscal Year Selected / OHE PS Enrollment
3 / Reported Fiscal Year / Fiscal Year of Enrollment Selected (Fall 2013 = Fiscal Year 2014) / Fiscal Year Selected / OHE PS Enrollment
4 / System / System of Enrollment (e.g. MnSCU) / Fiscal Year Selected / OHE PS Enrollment
5 / Status / Enrolled or Completed / Fiscal Year Selected / OHE PS Enrollment
6 / OHE Code / OHE Code of College / Fiscal Year Selected / OHE PS Enrollment
7 / College Name / College Name / Fiscal Year Selected / OHE PS Enrollment
8 / Student Level / Student Level reported in this FY of Enrollment / Fiscal Year Selected / OHE PS Enrollment
9 / Race/Ethnicity / Race/Ethnicity reported in this FY of Enrollment / Fiscal Year Selected / OHE PS Enrollment
10 / PS Gender / Gender reported in this FY of Enrollment / Fiscal Year Selected / OHE PS Enrollment
11 / Age / Age as of this FY of Enrollment / Fiscal Year Selected / OHE PS Enrollment
12 / Season / Term of Enrollment this FY / Fiscal Year Selected / OHE PS Enrollment
13 / K12 District Number / District of High School Graduation or Last Reported Enrollment / Last Reported in K12 / MDE K12 Enrollment
14 / K12 District Type / District Type / Last Reported in K12 / MDE K12 Enrollment
15 / K12 District Name / District Name / Last Reported in K12 / MDE K12 Enrollment
16 / K12 School Number / School Number / Last Reported in K12 / MDE K12 Enrollment
17 / K12 School Name / School Name / Last Reported in K12 / MDE K12 Enrollment
18 / HS Grad Year / Year / Last Reported in K12 / MDE K12 Enrollment
19 / K12 Status End Code / Status at end of school year / Last Reported in K12 / MDE K12 Enrollment
20 / K12 Gender / Gender last reported in K12 / Last Reported in K12 / MDE K12 Enrollment
Row # / Field / Description / Time Period / Source
21 / K12 Ethnicity / Race/Ethnicity last reported in K12 / Last Reported in K12 / MDE K12 Enrollment
22 / LEP Flag / An indicator of whether this student has been assessed as needing additional English language instruction. / Last Reported in K12 / MDE K12 Enrollment
23 / SPE Flag / Indicator if the student was ever identified as Special Education / Last Reported in K12 / MDE K12 Enrollment
24 / FRP Flag 9th Grade / Indicator if the student enrolled in Free or Reduced Price Lunch in 9th grade / 9th grade / MDE K12 Enrollment
25 / FRP Flag 10th Grade / Indicator if the student enrolled in Free or Reduced Price Lunch in 10th grade / 10th grade / MDE K12 Enrollment
26 / FRP Flag 11th Grade / Indicator if the student enrolled in Free or Reduced Price Lunch in 11th grade / 11th grade / MDE K12 Enrollment
27 / FRP Flag 12th Grade / Indicator if the student enrolled in Free or Reduced Price Lunch in 12th grade / 12th grade / MDE K12 Enrollment
28 / MIG Flag / An indicator of whether the student has had a qualifying move within an eligible time period for temporary or seasonal agricultural or fishing work. / Last Reported in K12 / MDE K12 Enrollment
29 / PSEO Options Indicator 9th Grade / Indicator if the student participated in PSEO during 9th grade / 9th grade / MDE K12 Enrollment
30 / PSEO Options Indicator 10th Grade / Indicator if the student participated in PSEO during 10th grade / 10th grade / MDE K12 Enrollment
31 / PSEO Options Indicator 11th Grade / Indicator if the student participated in PSEO during 11th grade / 11th grade / MDE K12 Enrollment