Page:United States Statutes at Large Volume 121.djvu/693

 121 STAT. 672

statewide P–16 education data system, such as protecting a student record from identification by a unique identifier; (VII) where rights are provided to parents under this clause, provide those rights to the student instead of the parent if the student has reached the age of 18 or is enrolled in a postsecondary educational institution; and (VIII) ensure adequate enforcement of the requirements of this clause. (ii) USE OF UNIQUE IDENTIFIERS.— (I) GOVERNMENTAL USE OF UNIQUE IDENTIFIERS.—It shall be unlawful for any Federal, State, or local governmental agency to use the unique identifiers employed in the statewide P–16 education data systems for any purpose other than as authorized by Federal or State law regarding education, or to deny any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose the individual’s unique identifier. (II) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations governing the use by governmental and non-governmental entities of the unique identifiers employed in statewide P–16 education data systems, including, where necessary, regulations requiring States desiring grants for statewide P–16 education data systems under this section to implement specified measures, with the goal of safeguarding individual privacy to the maximum extent practicable consistent with the uses of the information authorized in this Act or other Federal or State law regarding education. (D) REQUIRED ELEMENTS OF A STATEWIDE P–16 EDUCATION DATA SYSTEM.—The State shall ensure that the statewide P–16 education data system includes the following elements: (i) PRESCHOOL THROUGH GRADE 12 EDUCATION AND POSTSECONDARY EDUCATION.—With respect to preschool through grade 12 education and postsecondary education— (I) a unique statewide student identifier that does not permit a student to be individually identified by users of the system; (II) student-level enrollment, demographic, and program participation information; (III) student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete P–16 education programs; (IV) the capacity to communicate with higher education data systems; and (V) a State data audit system assessing data quality, validity, and reliability. (ii) PRESCHOOL THROUGH GRADE 12 EDUCATION.— With respect to preschool through grade 12 education—

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