SHEEO Query: Use of student data in creating job placement rates

On June 29, 2012, SHEEO staff sent a query to SHEEO Agency data providers with this question:

Does your state have any regulations or laws governing the use of student data in creating job placement rates for graduates of your state’s colleges and universities?

Responses from the states:

Alabama
No

Arizona
No

Arkansas
I am not aware of any rules or regulations that would prevent us from using student data in creating job placement rates.  The only thing that I am aware in this regard of is FERPA.  

Colorado
As far as I know Colorado does not have any regulations governing student data and job placement rates, however this past legislative session a Job Skills bill was passed which requires higher education data to be linked with labor and employment data and additionally, Colorado is one of the states doing the Economic Success Measures pilot through College Measures which will link wage data to CIP code by institution.

Connecticut
This newly adopted law enables our system to get wage and employment data from our state labor department:
http://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00192-R00SB-00237-PA.pdf

See subsection (c) below in section 10a-6b of CT statutes that directly addresses this issue…..the general accountability sections have been in place for a decade, subsection (c) was added as part of the HE governance reorganization legislation in 2011

Sec. 10a-6b. Accountability measures. Reports. (a) The accountability measures developed by the Higher Education Coordinating Council pursuant to subsection (b) of section 10a-6a shall be used by the Board of Regents for Higher Education and each constituent unit of the state system of higher education in assessing each public institution of higher education's progress toward meeting the following goals to: (1) Enhance student learning and promote academic excellence; (2) join with elementary and secondary schools to improve teaching and learning at all levels; (3) ensure access to and affordability of higher education; (4) promote the economic development of the state to help business and industry sustain strong economic growth; (5) respond to the needs and problems of society; and (6) ensure the efficient use of resources. The council shall develop an implementation plan for use of the accountability measures.

      (b) In developing the measures pursuant to subsection (a) of this section, the council shall consider graduation rates, student retention rates, completions, tuition and fees, allocation of resources across expenditure functions, as defined by the National Association of College and University Business Officers, revenues and expenditures broken out by programs, student financial need and available aid, transfer patterns of students transferring in and out of the constituent units, trends in enrollment and the percentage of incoming students who are state residents, strategic plans pursuant to section 10a-11, data on graduates by academic program, faculty productivity, and any other factor that it deems relevant. All measures shall be made available for inspection and separated out by constituent unit, institution of higher education, campus and program.

      (c) The council shall work with the Labor Department to (1) produce periodic reports on the employment and earnings of students who leave the constituent units upon graduation or otherwise, and (2) develop an annual affordability index for public higher education that is based on state-wide median family income.

      (d) The council shall submit the accountability measures to the Board of Regents for Higher Education for the board's review and approval. Once the measures are approved, each constituent unit shall provide the data to the board that is necessary for purposes of applying the measures.

      (e) Each public institution of higher education of the state system of higher education shall submit an accountability report to the president of the Board of Regents for Higher Education annually, by November first. The president shall compile the reports and shall submit, in accordance with section 11-4a, a consolidated accountability report for the state system of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to higher education annually, by December first. The report shall contain accountability measures for each constituent unit and public institution of higher education pursuant to subsections (a) and (b) of this section. The report shall include updated baseline and peer comparison data, performance improvement targets for each measure, and other information as determined by the president.

Florida
We do have a statute addressing the use of student data in creating job placement rates (see below) as part of Florida’s Education and Training Placement Information Program (FETPIP). The FETPIP statute is below.  It is the only law I am aware of that discusses placement reporting. 

1008.39 Florida Education and Training Placement Information Program.—
(1) The Department of Education shall develop and maintain a continuing program of information management named the “Florida Education and Training Placement Information Program,” the purpose of which is to compile, maintain, and disseminate information concerning the educational histories, placement and employment, enlistments in the United States armed services, and other measures of success of former participants in state educational and workforce development programs. Placement and employment information shall contain data appropriate to calculate job retention and job retention rates.
(2) Any project conducted by the Department of Education or the workforce development system that requires placement information shall use information provided through the Florida Education and Training Placement Information Program, and shall not initiate automated matching of records in duplication of methods already in place in the Florida Education and Training Placement Information Program. The department shall implement an automated system which matches the social security numbers of former participants in state educational and training programs with information in the files of state and federal agencies that maintain educational, employment, and United States armed service records and shall implement procedures to identify the occupations of those former participants whose social security numbers are found in employment records, as required by Specific Appropriation 337A, chapter 84-220, Laws of Florida; Specific Appropriation 337B, chapter 85-119, Laws of Florida; Specific Appropriation 350A, chapter 86-167, Laws of Florida; and Specific Appropriation 351, chapter 87-98, Laws of Florida.
(3) The Florida Education and Training Placement Information Program must not make public any information that could identify an individual or the individual’s employer. The Department of Education must ensure that the purpose of obtaining placement information is to evaluate and improve public programs or to conduct research for the purpose of improving services to the individuals whose social security numbers are used to identify their placement. If an agreement assures that this purpose will be served and that privacy will be protected, the Department of Education shall have access to the unemployment insurance wage reports maintained by the Department of Economic Opportunity, the files of the Department of Children and Family Services that contain information about the distribution of public assistance, the files of the Department of Corrections that contain records of incarcerations, and the files of the Department of Business and Professional Regulation that contain the results of licensure examination.
(4) The Florida Education and Training Placement Information Program may perform longitudinal analyses for all levels of education and workforce development. These analyses must include employment stability, annual earnings, and relatedness of employment to education.
History.—s. 386, ch. 2002-387; s. 468, ch. 2011-142.

Kansas
My legal counsel responded with the following for Kansas, the short answer being “No”.: “Missing facts: What student data, possessed by what type of entity, and “used” how?).

As far as I know there are no state laws that specifically relates to a postsecondary institution’s  use of postsecondary student data (for anything).    However, if some entity other than the original postsecondary educational institution that is possessor/creator of the student data is wanting to use the data for this purpose, K.S.A. 45-221(a)(1) restricts access to public records that are closed by federal law and the FERPA protects student specific information derived from educational records.    This federal law has quite a few restrictions on who can see/get/use student records and for what purposes (for example, 34 CFR 99.31(a)(3) would not permit a state agency in charge of Labor issues to obtain confidential student data in order to determine job placement rates).   But the query does not ask what federal laws may impact the situation nor provide enough facts to give a really comprehensive answer. “

Kentucky
In Ky, there are no statutory requirements to report that info, just the usual data privacy laws.

Massachusetts
The BHE does not have any such (specific) regulations.  We do have regulations on Privacy, Confidentiality and Data Security (610 CMR 10), but I don’t believe that is what they are looking for.

Montana
No

Nebraska
No

Nevada
In 2011 the Nevada legislature enacted legislation requiring NSHE to track graduates into the workplace (SB449).  That information is to be submitted to the Legislature on a biennial basis.  Outside of requiring that such information be provided, the law does not address the "use" of such data.

New Hampshire
New Hampshire has no such laws.

Washington
To our knowledge, I don’t think we have anything in the Washington statutes along these lines.

West Virginia
I know of no regulations or laws that govern the use of student data for these purposes in West Virginia.

Wyoming
Wyoming does not.

Related Projects: 
State Postsecondary Data Systems