2012 SLDS P-20W Best Practice Conference 1 MOU S : I NTERSTATE AND I NTRASTATE A GREEMENTS Tuesday, October 30, 2012 Jan Kiene, Connecticut Board of Regents for Higher Education Connie Brooks, Iowa Department of Education

2012 SLDS P-20W Best Practice Conference Connecticut Overview Iowa MOU Overview o Regents MOU at Final Edit o Workforce MOU Signed o Inter-State MOU in Progress O VERVIEW 2

2012 SLDS P-20W Best Practice Conference C ONNECTICUT 3

2012 SLDS P-20W Best Practice Conference MOA to enable data linkages for P20W system Goal: o Create a solid template for participating AG’s to modify. Challenges: o Agency lack of familiarity with new FERPA guidelines o Wary State Attorney General o Lack of in-house counsel B ACKGROUND 4

2012 SLDS P-20W Best Practice Conference MOA FOR P-20W SYSTEM 5

2012 SLDS P-20W Best Practice Conference Read relevant FERPA sections Utilized the PTAC document Guidance for Reasonable Methods & Written Agreements Gathered example MOU’s through GRADS360 Created a draft Asked SST contact for review and was referred to PTAC PTAC read and scheduled conference call to provide feedback Made adjustments Circulated to participating agencies Meeting scheduled to review/adjust…finalize P ROCESS FOR P-20W SYSTEM MOA 6

2012 SLDS P-20W Best Practice Conference MOA to enable regular reporting – Perkins Goal o Create MOA specifically for Perkins reporting Challenges o Lack of in-house counsel o No existing agreement to build upon o Running out of time for analysis B ACKGROUND 7

2012 SLDS P-20W Best Practice Conference MOA FOR P ERKINS 8

2012 SLDS P-20W Best Practice Conference Reviewed relevant FERPA sections - again Utilized the PTAC document Guidance for Reasonable Methods & Written Agreements Revised draft P20W MOA Contacted PTAC PTAC read and scheduled conference call to provide feedback Circulated for signatures P ROCESS FOR P ERKINS MOA 9

2012 SLDS P-20W Best Practice Conference I OWA 10

2012 SLDS P-20W Best Practice Conference 2012 Grant creates a collaborative team K12 (part of IDE) Community Colleges (part of IDE) Regents Universities – MOU needed Workforce – MOU needed Each area has a team member and a Steering Committee member I OWA IN C ONTEXT 11

2012 SLDS P-20W Best Practice Conference Written Agreement Designate “authorized representative” Specify o Purpose (audit & eval exception to consent) o PII o Destruction dates and procedures Policies & procedures to ensure privacy provisions of all state and federal laws will be followed FERPA R EQUIREMENTS 12

2012 SLDS P-20W Best Practice Conference The *magic* template that only requires search/replace didn’t exist Identify parties and legal provisions for the different parties o IDE & Regents = FERPA to FERPA o IDE & Workforce = FERPA to State Laws Start with “their” template for the “other” verbage, e.g., severability, termination, etc. P ROCESS H INTS 13

2012 SLDS P-20W Best Practice Conference Paranoia & Paranoia? Iowa Exceptionality: State law REQUIRES post- secondary institutions to STORE state-generated educational IDs ( ) R EGENTS & IDE: FERPA & FERPA 14

2012 SLDS P-20W Best Practice Conference This Agreement is entered into to exchange data needed for Iowa’s Statewide Longitudinal Data System (SLDS) in order to comply with the: America Competes Act (ACA) of 2007 (P.L ) American Recovery and Reinvestment Act (ARRA) of 2009 (P.L and 11-8), and State Fiscal Stabilization Fund (SFSF) programs of 2009 and 2011 (34 CFR Subtitle B, Chapter II) These initiatives require the IDE to include Regent universities’ data “in the evaluation of K-12 education policy and practice in order to better align state academic content standards and curricula with the demands of postsecondary education, the 21st century workforce, and the Armed Forces.” P URPOSE & A UTHORITY 15

2012 SLDS P-20W Best Practice Conference 1.The number of students enrolled in postsecondary institutions within 16 months after high school graduation (ARRA/SFSF indicator C11) and 2.The number of those enrolled students who complete at least one year’s worth of college credit within 24 months of enrollment (ARRA/SFSF indicator C12) 3.The IDE also plans to analyze and report findings related to remedial coursework, graduation rates, and transfers between community colleges and Regent universities (ACA). S PECIFY PII D ATA E LEMENTS 16

2012 SLDS P-20W Best Practice Conference One-time reports (e.g., remediation, C11, C12) Process: Replace one-time data with new Longitudinal storage (enrollment, transfers, awards) Destruction Date = Contract Termination Date D ATA D ESTRUCTION 17

2012 SLDS P-20W Best Practice Conference Original expectations are limited to legally mandated data elements Preliminary discussions for High School Feedback Reports Do not currently support long-term storage – will need to use National Student Clearinghouse 30 days to provide acceptance or rejection of any additional data needed for reporting, or for any new data required for new or different reports R EGENTS P OSTSCRIPTS 18

2012 SLDS P-20W Best Practice Conference Different agency, different laws, different needs, different tone Started with recently signed MOU for skeleton Asked for governing laws = State specific IDE FERPA side: o Authorized Representative may store our educational State IDs o Audit and Evaluation purpose W ORKFORCE 19

2012 SLDS P-20W Best Practice Conference 1.Shared ownership of linked datasets 2.May be stored for duration of contract (3 yrs) and then destroyed unless new contract 3.Reports aggregate–level data only or de-identified for other parties 4.Veto power: 30 days to accept or reject reports before release 5.Interpretative caveats with any released reports and data sets W ORKFORCE MOU S PECIFICS 20

2012 SLDS P-20W Best Practice Conference Fully executed within a few weeks once specifics agreed to; 11 months total Process: o IDE provides name & DOB & education ID o Workforce matches to DMV/DOT data for SSN o Workforce stores education ID with their SSN Workforce has not asked for any specific education indicators (ITBS, ACT, Grad Status) W ORKFORCE P OSTSCRIPTS 21

2012 SLDS P-20W Best Practice Conference Purpose is to find dropouts across state lines State-level users only to start with Some interest in opening up for district-level users State would notify district when found so transcripts could be sent Iowa + Nebraska + Kansas + Missouri All eScholar customers I NTERSTATE MOU 22

A E S CHOLAR I NTERSTATE ID E X CHANGE DeXs Server Cert DeXs Cert NE Server Cert IA Server Cert KS Server Cert MO Server Cert NE Cert KS Cert IA Cert MO Cert eScholar Data eXchange Service Server (DeXs) Server Certificate IA UID MO UID NE UID KS UID Internet Access Search Result Search Request DeXs Database SSL DeXs Cert Security

2012 SLDS P-20W Best Practice Conference This exchange of information between authorized representatives of state educational authorities intended for the enforcement of or compliance with Federal legal requirements that relate to Federal or state supported education programs, specifically the accurate calculation of a party’s graduation rate under 34 CFR (b) and state reporting requirements under 34 CFR P URPOSE 24

2012 SLDS P-20W Best Practice Conference PII - Data List Attached Destruction - Absent extenuating circumstances, this will be within ________ of the receipt of the information. The method of destruction shall be ________. Wrangling over ability to re-release to districts – may require specific verbage, may not be necessary 25 D ETAILS

2012 SLDS P-20W Best Practice Conference Not yet signed, but appears imminent. Attorneys are meeting to get final details All working from the same FERPA law Relatively straight-forward I NTER -S TATE P OSTSCRIPT 26

2012 SLDS P-20W Best Practice Conference Just jump in Key components are the same for “our” FERPA side Accommodate non-FERPA partners’ legal requirements Start with partner’s template if possible Work out the data & exchange details Have each lawyer oversee their piece C ONCLUSIONS 27

2012 SLDS P-20W Best Practice Conference Contact information: Jan R. Kiehne, Connie Brooks, Baron Rodriguez, For more information on MOUs: Resource 1: Guidance for Reasonable Methods and Written Agreements (Nov 2011)Guidance for Reasonable Methods and Written Agreements (Nov 2011) Resource 2: Checklist: Data Sharing Agreement (Apr 2012)Checklist: Data Sharing Agreement (Apr 2012) C ONTACTS & A DDITIONAL R ESOURCES 28