Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.18 - Operation of Education Research Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  FERPA means the Family Educational Rights and Privacy Act,
				  42 U.S.C.
				  §1232g, including regulations and
				  informal written guidance issued by the United States Department of Education
				  and any amendments or supplementation thereof.
(2) Cooperating Agencies means the Texas
				  Education Agency (TEA), the Texas Higher Education Coordinating Board (CB), and
				  the Texas Workforce Commission (TWC).
(3) P-20/Workforce Data Repository refers to
				  the collection of data from each Cooperating Agency. The cooperating agencies
				  shall execute agreements for the sharing of data for the purpose of
				  facilitating the studies or evaluations at Education Research Centers (ERCs).
				  In accordance with the agreements, each cooperating agency shall make available
				  all appropriate data, including to the extent possible data collected by the
				  cooperating agency for at least the preceding 20 years. A cooperating agency
				  shall periodically update the data as additional data is collected, but not
				  less than once each year. The repository shall be operated by the CB.
(4) The CB may enter into data agreements for
				  data required for approved studies or evaluations with the state education
				  agency of another state, giving priority to the agencies of those states that
				  send the highest number of postsecondary education students to this state or
				  that receive the highest number of postsecondary education students from this
				  state. An agreement under this paragraph must be reviewed by the United States
				  Department of Education and must require the agency of another state to comply
				  with all data security measures required of a center. The CB may also enter
				  into data agreements with local agencies or organizations that provide
				  education services to students in this state or that collect data that is
				  relevant to current or former students of public schools in this state and is
				  useful to the conduct of research that may benefit education in this
				  state.
(5) Confidential information
				  as applied to data in the P-20/Workforce Data Repository provided to an ERC
				  includes all individual-level data, including any data cells small enough to
				  allow identification of an individual. All data cells containing between one
				  and four individuals, inclusive, are confidential.
(A) Small data cells will be considered any
				  cell containing between one and four individuals inclusive. Information may not
				  be disclosed where small data cells can be determined through subtraction or
				  other simple mathematical manipulations or subsequent cross-tabulation of the
				  same data with other variables. Institutions may use any of the common methods
				  for masking including:
(i) hiding the small
				  cell and the next larger cell on the row and column so the size of the small
				  cell cannot be determined; or
(ii)
				  hiding the small cell and displaying the total for both the row and column as a
				  range of at least ten; or
(iii) any
				  methodology approved by the cooperating agencies.
(B) References to the CB shall also be deemed
				  to include the Commissioner of Higher Education. References to the TEA shall
				  also be deemed to include the Commissioner of Education. References to the TWC
				  shall also be deemed to include the Workforce Commissioners.