Effective: December 28, 2009
Latest Legislation: House Bill 290 - 128th General Assembly
Upon approval of the state board of education, the superintendent of public instruction and the chancellor of the Ohio board of regents may enter into a memorandum of understanding under which the department of education, on behalf of the chancellor, will receive and maintain copies of data records containing student information reported to the chancellor for the purpose of combining those records with the data reported to the education management information system established under section 3301.0714 of the Revised Code to establish an education data repository that may be used to conduct longitudinal research and evaluation. The memorandum of understanding shall specify the following:
(A) That, prior to establishing the repository, the superintendent and chancellor shall develop a strategic plan for the repository that outlines the goals to be achieved from its implementation and use. A copy of the strategic plan shall be provided to the governor, the president of the senate, and the speaker of the house of representatives.
(B) That the chancellor shall submit all student data to be included in the repository to the independent contractor engaged by the department to create and maintain the student data verification codes required by division (D)(2) of section 3301.0714 of the Revised Code. For each student included in the data submitted by the chancellor, the independent contractor shall determine whether a data verification code has been assigned to that student. In the case of a student to whom a data verification code has been assigned, the independent contractor shall add the code to the student's data record and remove from the data record any information that would enable the data verification code to be matched to personally identifiable student data. In the case of a student to whom a data verification code has not been assigned, the independent contractor shall assign a data verification code to the student, add the data verification code to the student's data record, and remove from the data record any information that would enable the data verification code to be matched to personally identifiable student data. After making the modifications described in this division, the independent contractor shall transmit the data to the department.
(C) That the superintendent and the chancellor jointly shall develop procedures for the maintenance of the data in the repository and shall designate the types of research that may be conducted using that data. Permitted uses of the data shall include, but are not limited to, the following:
(1) Assisting the department, superintendent, or state board in performing audit and evaluation functions concerning preschool, elementary, and secondary education as required or authorized by any provision of law, including division (C) of section 3301.07 and sections 3301.12, 3301.16, 3301.53, 3301.57, 3301.58, and 3302.03 of the Revised Code;
(2) Assisting the chancellor in performing audit and evaluation functions concerning higher education as required or authorized by any provision of law, including sections 3333.04, 3333.041, 3333.047, 3333.122, 3333.123, 3333.16, 3333.161, 3333.374, 3333.72, and 3333.82 of the Revised Code.
(D) That the superintendent and the chancellor, from time to time, jointly may enter into written agreements with entities for the use of data in the repository to conduct research and analysis designed to evaluate the effectiveness of programs or services, to measure progress against specific strategic planning goals, or for any other purpose permitted by law that the superintendent and chancellor consider necessary for the performance of their duties under the Revised Code. The agreements may permit the disclosure of personally identifiable student information to the entity named in the agreement, provided that disclosure complies with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and regulations promulgated under that act prescribing requirements for such agreements. The superintendent shall notify the state board of each agreement entered into under this division.
(E) That the data in the repository submitted by the department shall remain under the direct control of the department and that the data in the repository submitted by the chancellor shall remain under the direct control of the chancellor;
(F) That the data in the repository shall be managed in a manner that complies with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;
(G) That all costs related to the initial establishment and ongoing maintenance of the repository shall be paid from funds received from state incentive grants awarded under division (A), Title XIV, section 14006 of the American Recovery and Reinvestment Act of 2009, other federal grant programs, or existing appropriations of the department or chancellor that are designated for a purpose consistent with this section;
(H) That the department annually shall report to the state board and the chancellor all requests for access to or use of the data in the repository and all costs related to the initial establishment and ongoing maintenance of the repository.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3301 | Department of Education
Section 3301.01 | State Board of Education.
Section 3301.011 | Total Student Count Defined.
Section 3301.012 | Computer Science Defined.
Section 3301.02 | Elected and Appointed State Board Members - Terms of Office.
Section 3301.03 | Board Members to Be Qualified Electors - Oath, Salary, Expenses.
Section 3301.041 | Audio and Video Recordings of Board of Education Meetings.
Section 3301.05 | Public Meetings, Official Records of Board.
Section 3301.06 | Vacancy on Board.
Section 3301.07 | State Board of Education - Powers and Duties.
Section 3301.072 | Programs of In-Service Training in District Budget and Finance.
Section 3301.074 | Licenses for School District Treasurers and Business Managers.
Section 3301.076 | Operating Reserve Account or Minimum Cash Balance.
Section 3301.077 | Adoption of Reading Competencies.
Section 3301.079 | Academic Standards - Model Curriculum.
Section 3301.0710 | Ohio Graduation Tests.
Section 3301.0711 | Administration and Grading of Assessments.
Section 3301.0712 | College and Work Ready Assessment System.
Section 3301.0713 | Education Management Information System Advisory Council.
Section 3301.0714 | Guidelines for Statewide Education Management Information System.
Section 3301.0715 | District Board to Administer Diagnostic Assessments - Intervention Services.
Section 3301.0716 | Department Access to Student Information.
Section 3301.0719 | Adoption of Standards for Business Education in Grades Seven Through Twelve.
Section 3301.0720 | Recommendations to School Districts for Teaching Secondary School Sciences.
Section 3301.0723 | Data Verification Code for Younger Children Receiving State Services.
Section 3301.0725 | Extended Programming Employment of Certificated Instructional Personnel.
Section 3301.0728 | Retaking of End-of-Course Examinations.
Section 3301.0729 | Time Spent on Assessments.
Section 3301.0730 | User Review of Emis Guidelines.
Section 3301.08 | Appointment of Superintendent of Public Instruction.
Section 3301.09 | Superintendent of Public Instruction Shall Be Secretary of Board.
Section 3301.12 | Superintendent of Public Instruction - Additional Duties.
Section 3301.121 | Adjudication Procedure to Determine Whether to Permanently Exclude Pupil.
Section 3301.13 | Department of Education - Organization - Powers and Duties.
Section 3301.131 | School-Parent and School-Business Partnerships.
Section 3301.134 | Awards for Innovative and Exemplary Parental Involvement Programs.
Section 3301.135 | List of Free, Reduced Cost Epinepherine Autoinjectors.
Section 3301.136 | High-Quality Tutoring Program List.
Section 3301.14 | Annual Report.
Section 3301.15 | Inspection of Institutions Employing Teachers - Reports.
Section 3301.161 | Petition of Referendum Against Transfer of School District.
Section 3301.162 | Notice of Intent to Close Chartered Nonpublic School.
Section 3301.163 | Third-Grade Reading Guarantee for Scholarship Students.
Section 3301.164 | Chartered Nonpublic School Reporting Requirements on School Website.
Section 3301.17 | Driver Education Courses.
Section 3301.171 | Driver Education Course Fee.
Section 3301.18 | Duties of Department Regarding Desegregation Within School Districts.
Section 3301.22 | Model Harassment Prevention Policy.
Section 3301.23 | State Computer Science Education Committee and Plan.
Section 3301.27 | Research on Factors That Improve Education Effectiveness.
Section 3301.28 | Tutoring and Remedial Education Program.
Section 3301.30 | Programs for Children of Migrant Agricultural Laborers.
Section 3301.32 | Criminal Records Check.
Section 3301.40 | Adult Education Programs.
Section 3301.48 | Interstate Compact for Education.
Section 3301.481 | Identifying State Agency for Whose Benefit Real Property Is Acquired.
Section 3301.49 | Appointment of Members to Educational Commission.
Section 3301.50 | Preschool Educator License.
Section 3301.51 | Preschool Associate Educator License Not Required.
Section 3301.52 | Preschool, School Child Program Definitions.
Section 3301.53 | Rules for Minimum Standards for Preschool Programs.
Section 3301.531 | Tuberculosis Screening, Testing of Prospective Employees.
Section 3301.54 | Direction and Supervision of Preschool Program - Qualifications of Staff Members.
Section 3301.541 | Criminal Records Check.
Section 3301.55 | Preschool Program Building Requirements and Building Plan.
Section 3301.57 | Providing Consultation and Technical Assistance.
Section 3301.58 | Licensing of Preschool Programs and School Child Programs - Enforcement of Rules.
Section 3301.60 | Interstate Compact on Educational Opportunity for Military Children.
Section 3301.601 | Technology-Based Educational Opportunities for Military Family Children.
Section 3301.61 | State Council on Educational Opportunity for Military Children.
Section 3301.62 | Compact Commissioner.
Section 3301.63 | Military Family Education Liaison.
Section 3301.64 | Division of Assessment for Participation in Compact.
Section 3301.65 | School District Enrollment of Military Family Children.
Section 3301.68 | Consolidated School Mandate Report for School Districts.
Section 3301.70 | State Board Duties as to National and Community Service Act of 1990.
Section 3301.71 | Effect of Child Support Default on License or Certificate.
Section 3301.80 | Certificate of High School Equivalence.
Section 3301.81 | Criteria to Take High School Equivalency Test.
Section 3301.90 | Early Childhood Advisory Council.
Section 3301.923 | Clearinghouse of Best Practices to Promote Student Health.
Section 3301.94 | Education Data Repository.
Section 3301.941 | Student Level Data Records Collected and Maintained for Early Childhood Programs.
Section 3301.947 | Privacy of Data During Testing.
Section 3301.948 | Provision of Data to Multi-State Consortium Prohibited.