§ 54-59-34 — Statewide longitudinal data system - Information technology department - Duties

Duties.
1. The department shall manage a statewide longitudinal data system among education,
workforce, and training entities that:
a. Provides for the dissemination of management information to stakeholders and
partners of state education, training, and employment systems;
b. Is required to provide on an annual basis to education and workforce
development programs, to the extent permitted by federal law, the wage record
interchange system 2 data sharing agreement and the state wage interchange
system data sharing agreement and state performance reports that measure the
aggregate outcomes of participants in the workforce and continuing education
programs, including private workforce and education programs that request the
reports; and
c. Uses data from educational and workforce systems as central sources of
statewide longitudinal data.
2. The department may, subject to federal and state privacy laws, enter interagency
agreements, including agreements designating authorized representatives of the
educational agencies participating in the system, under the Family Educational Rights
and Privacy Act [20 U.S.C. 1232(g); 34 CFR 99].
3. The department shall establish policies and adopt rules addressing access to and the
collection, storage, and sharing of information and the systems necessary to perform
those functions, subject to applicable federal and state privacy laws and interagency
agreements and restrictions relating to confidential information required to conform to
applicable federal and state privacy laws.
4. The department shall provide operational oversight for information sharing activities
and make recommendations for and provide oversight of information sharing budgets.
5. The department shall:
a. Establish the terms and conditions under which a person may be authorized to
access data through the statewide longitudinal data system;
b. Direct that all statewide longitudinal data system administrators implement
approved data protection practices to ensure the security of electronic and
physical data, provided that the practices include requirements for encryption and
staff training;
c. Provide for biennial privacy and security audits of the statewide longitudinal data
system;
d. Establish protocols, including procedures, for the notification of students and
parents in the event of a data breach involving the statewide longitudinal data
system;
e. Require that data retention and disposition by the statewide longitudinal data
system be governed by the same policies as those instituted for the information
technology department; and

f. Require the provision of annual training regarding data protection to any
individuals who have access to the statewide longitudinal data system, including
school district employees, employees of the North Dakota university system office
and institutions under the control of the state board of higher education, and
elected or appointed state or local governmental officials.
6. The department may authorize studies to benefit and improve workforce training and
education.