20-7-138. Education and workforce data governing board — membership — duties. (1) There is an education and workforce data governing board. The board is administratively attached to the department of administration as provided in 2-15-121.

Terms Used In Montana Code 20-7-138

  • Board: means the education and workforce data governing board established in 20-7-138. See Montana Code 20-7-137
  • Board of public education: means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507. See Montana Code 20-1-101
  • Commissioner: means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506. See Montana Code 20-1-101
  • Contributing agencies: means the following state agencies that gather and maintain education and workforce data, serve on the board, and are subject to the policies developed by the board pursuant to 20-7-138:

    (a)the office of public instruction;

    (b)the office of the commissioner of higher education; and

    (c)the department of labor and industry. See Montana Code 20-7-137

  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
  • Workforce data: means data related to an individual's workforce outcomes, including but not limited to, an individual's:

    (a)labor and workforce training program participation and completion information data;

    (b)wage information;

    (c)unemployment claim eligibility information;

    (d)employer information; and

    (e)demographics data. See Montana Code 20-7-137

(2)The board is comprised of five voting members:

(a)the director of the department of administration or the director’s designee;

(b)the superintendent of public instruction or the superintendent’s designee;

(c)the commissioner of higher education or the commissioner’s designee;

(d)the commissioner of labor and industry or the commissioner’s designee; and

(e)the presiding officer of the board of public education or the presiding officer’s designee.

(3)The nonvoting members of the board are:

(a)the state chief information officer or the officer’s designee;

(b)the legislative fiscal analyst or the analyst’s designee;

(c)the legislative auditor or the auditor’s designee; and

(d)the director of legislative services or the director’s designee.

(4)The presiding officer of the board is the director of the department of administration or the director’s designee.

(5)The board shall meet at least quarterly. The presiding officer may call special meetings whenever necessary. The presiding officer shall notify each member of the board of any special meeting before the fixed time for the special meeting. A majority of the board may petition the presiding officer to call a special meeting.

(6)Meetings of the board must be open to the public. Archived videos of the board’s meetings must be made available to the public through the website.

(7)The board shall:

(a)develop and implement policies and procedures for the linking and sharing of education and workforce data among the contributing agencies to effectuate the purposes of 20-7-136 through 20-7-138, including policies and procedures describing:

(i)the specific types of educational and workforce data that must be shared by the contributing agencies;

(ii)the manner in which personally identifiable information is secured;

(iii)appropriate use; and

(iv)allowable access by contributing agencies and other entities.

(b)develop an education and workforce research agenda and data plan to:

(i)improve alignment across existing programs and systems;

(ii)support student success in K-12 education, higher education, and the workforce;

(iii)increase the efficiency and effectiveness of state education, training, workforce, and financial aid programs; and

(iv)equip local and state policymakers with information about education and workforce development;

(c)work with the contributing agencies to create, publish, and make publicly available a data inventory and dictionary of data elements with definitions to ensure the integrity and quality of the data collected and reported;

(d)facilitate using education and workforce data to inform decisionmaking by state and local governments, educational agencies, institutions of higher education, and other education stakeholders in order to maximize the operational efficiency of the state’s education and workforce systems;

(e)provide technical and data analysis support to contributing agencies and other data users;

(f)develop and implement policies and procedures regarding data and research requests;

(g)develop and make available a model data-sharing agreement that allows for reciprocal sharing of information between public schools, public, private, or tribal institutions of higher education, and state and local workforce entities; and

(h)develop and implement policies:

(i)to ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as amended, and its implementing regulations at 34 CFR, part 99, and all other relevant federal and state privacy laws; and

(ii)to provide for additional privacy protections determined to be necessary by the board.

(8)The board may form committees, work groups, or advisory councils to accomplish the board’s purposes.

(9)The board shall, in accordance with 5-11-210, report to the education interim committee and the education interim budget committee on the board’s work.

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