(1) DEFINITIONS. In this section: (a) “Agencies” means the department, the board of regents of the University of Wisconsin System, the department of children and families, the department of workforce development, the technical college system board, and the Wisconsin Association of Independent Colleges and Universities. (b) “Personally identifiable” means personally identifiable information, as defined in 34 CFR 99.3. (c) “Postsecondary education” means education at an institution of higher education occurring after the completion of high school, including undergraduate, graduate and professional education. (d) “Student data” means information contained in education records, as defined in 34 CFR 99.3, and pupil records, as defined in s. 118.125 (1) (d). (2) EVALUATIONS AND STUDIES OF EDUCATION PROGRAMS. Any of the agencies on their own or jointly with one or more of the other agencies may evaluate and study education programs operated or supervised by one or more of the other agencies, pursuant to the written agreement entered into under sub. (3), for the purpose of improving student academic achievement beginning with preschool programs and continuing through postsecondary education. (3) WRITTEN AGREEMENT. By February 1, 2010, the agencies shall enter into a written agreement that does all of the following: (a) Requires that the agencies establish and maintain a longitudinal data system of student data that links such data from preschool programs to postsecondary education programs, describes the process by which the data system will be established and maintained, and ensures its interoperability with the work force data systems maintained by the department of workforce development. The data system may consist of separate record systems integrated through agreement and data transfer mechanisms. (b) Describes the process by which any of the agencies on their own or jointly with one or more of the other agencies may evaluate and study education programs operated or supervised by one or more of the other agencies for the purpose of improving student academic achievement beginning with preschool programs and continuing through postsecondary education. (c) Prohibits any of the agencies from evaluating or studying another agency’s education programs without the approval of the latter agency and a written agreement specifying the level of supervision and involvement that each of the agencies will have in the work performed. (d) Requires the agencies to exchange student and work force data to the extent necessary to perform the evaluation or study approved under par. (c). (e) Establishes a system for the agencies to enter into datasharing agreements with each other and with public and private research organizations under sub. (4). (f) Establishes a process by which one or more of the agencies may collaborate with other persons, including state agencies, to import workforce or other data into the longitudinal data system under par. (a) to assist with an evaluation or study approved under par. (c). (g) Commits the agencies to protect student privacy and comply with laws pertaining to the privacy of student data. (4) DATA SHARING. (a) Except as provided in par. (b), any of the agencies may submit student or work force data to the longitudinal data system under sub. (3) (a), to another agency, or to a public or private research organization, to support an evaluation or study under this section. (b) Any of the agencies may disclose personally identifiable student data to the longitudinal data system under sub. (3) (a), to another agency, or to a public or private research organization, to support an evaluation or study under this section if the disclosure is in connection with a data-sharing agreement that does all of the following: 1. Specifies the purpose, scope, and duration of the datasharing agreement. 2. Requires the recipient to use personally identifiable student data only for the purpose specified in subd. 1. 3. Describes the specific data access, use, and security restrictions with which the recipient will comply. 4. Requires that the personally identifiable student data be destroyed or returned when no longer needed for the purpose specified in subd. 1. 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. (5) EXISTING AUTHORITY; EXCEPTIONS. (a) Nothing in this section, and nothing in the written agreement under sub. (3) or in a data-sharing agreement entered into under sub. (4), may be construed to infringe upon or diminish the legal authority of any of the agencies. (b) Failure of any of the agencies to enter into a written agreement under sub. (3) does not affect the powers and duties conferred upon the other agencies under this section or under s. 38.04 (19). (c) Notwithstanding sub. (3), the Wisconsin Association of Independent Colleges and Universities is not required to enter into the written agreement under that subsection. Notwithstanding sub. (2), if the Wisconsin Association of Independent Colleges and Universities does not enter into the written agreement, none of the other agencies may evaluate or study the association’s education programs without the approval of the association. (6) REPORT. Annually by October 1, the agencies shall submit a joint report to the secretary of administration regarding their progress in establishing a longitudinal data system under sub. (3) (a).
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