MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Workforce Development

By: Representatives Bell (21st), Haney, Stamps, Eubanks

House Bill 464

(As Passed the House)

AN ACT TO CREATE THE "COLLEGE STICKER PRICE ACT OF 2022"; TO DEFINE TERMINOLOGY USED HEREIN; TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE MISSISSIPPI COMMUNITY COLLEGE BOARD SHALL REQUIRE EACH POSTSECONDARY EDUCATIONAL INSTITUTION UNDER THEIR RESPECTIVE AUTHORITY TO PROVIDE ACCURATE INFORMATION ON ALL OF THE INSTITUTION'S ACADEMIC, CAREER AND TECHNICAL AND VOCATIONAL PROGRAM OFFERINGS TO CURRENT AND PROSPECTIVE STUDENTS; TO PRESCRIBE WHAT SUCH INFORMATION SHALL REQUIRE; TO PROVIDE THAT THE BOARD SHALL DEVELOP A UNIVERSAL NET PRICE CALCULATOR TO BE HOUSED WITHIN THE NATIONAL STRATEGIC PLANNING AND ANALYSIS RESEARCH CENTER (NSPARC); TO PROVIDE THAT THE NET PRICE CALCULATOR BE A USER-FRIENDLY TOOL TO ASSIST PROSPECTIVE STUDENTS AND FAMILIES WITH DETERMINING THE COSTS OF ATTENDING A POSTSECONDARY EDUCATIONAL INSTITUTION; TO STIPULATE THE REQUIRED FUNCTIONS AND FEATURES OF THE CALCULATOR; TO REQUIRE BOTH THE INSTITUTIONAL PROGRAM OFFERINGS INFORMATION AND THE NET CALCULATOR TO BE POSTED ON THE INSTITUTIONS WEBSITE WITHIN THIRTY DAYS OF SUCH INFORMATION BECOMING AVAILABLE TO THE INSTITUTION, AND UPDATED ANNUALLY BEFORE THE START OF THE NEW ACADEMIC YEAR; TO REQUIRE THE BOARDS TO PROVIDE A REPORT TO THE LEGISLATURE WITHIN TWO YEARS OF THIS ENACTMENT ON STEPS TAKEN TO RAISE AWARENESS OF NET PRICE THE CALCULATORS AMONG PROSPECTIVE STUDENTS AND FAMILIES, TO REQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE MISSISSIPPI COMMUNITY COLLEGE BOARD, ACTING RESPECTIVELY THROUGH THE COMMISSIONER OF HIGHER EDUCATION, THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI COMMUNITY COLLEGE BOARD AND THE EXECUTIVE DIRECTOR OF THE NATIONAL STRATEGIC PLANNING AND ANALYSIS RESEARCH CENTER (NSPARC), TO ESTABLISH AND MAINTAIN A NEW HIGHER EDUCATION DATA SYSTEM TO FACILITATE THE COMPILATION OF STATISTICAL HIGHER EDUCATION DATA WHILE MINIMIZING THE PRIVACY AND SECURITY RISKS; TO PRESCRIBE THE COMPONENTS REQUIRED IN THE ESTABLISHMENT AND OPERATION OF THE DATA SYSTEM; TO REQUIRE THE BOARDS TO ISSUE RULES REGARDING HOW REPORTING ENTITIES AND OTHER ENTITIES PERFORM REPORTING DUTIES; TO SPECIFY THE DATA TO BE REPORTED TO THE DATA SYSTEM BY POSTSECONDARY EDUCATIONAL INSTITUTIONS PARTICIPATING IN ANY FEDERAL STUDENT FINANCIAL ASSISTANCE PROGRAM; TO PROVIDE THAT WITHIN FOUR YEARS OF THE PASSAGE OF THIS ACT THE BOARDS SHALL USE THE HIGHER EDUCATION DATA SYSTEM TO CALCULATE STUDENT EDUCATION AND DEBT-RELATED METRICS; TO REQUIRE THE BOARDS TO MAKE THE OUTCOME METRICS FOR EACH YEAR AVAILABLE, BY PUBLISHING SUCH METRICS IN MACHINE-READABLE FORMAT, ON EACH OF THE BOARDS' WEBSITES AND REQUIRING THE METRICS TO BE MADE AVAILABLE ON THE WEBSITES OF EACH POSTSECONDARY EDUCATIONAL INSTITUTION IN A TIMELY AND USER-FRIENDLY MANNER; TO PROHIBIT THE BOARDS FROM SELLING ANY DATA COMPONENTS COLLECTED FOR THE HIGHER EDUCATION DATA SYSTEM TO THIRD PARTIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This act shall be known and may be cited as the "College Sticker Price Act of 2022."

     SECTION 2.  The following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise:

          (a)  "Aided student" means a student enrolled in a postsecondary educational institution who has received assistance under a federal student financial aid program.

          (b)  "Board" means the Board of Trustees of State Institutions of Higher Learning.

          (c)  "Commissioner" means the Commissioner of Higher Education.

          (d)  "Director" means the executive director of the National Strategic Planning and Analysis Research Center (NSPARC).

          (e)  "Executive director" means the executive director of the Mississippi Community College Board.

          (f)  "Federal student financial aid program" means any of the following:

               (i)  The Federal Pell Grant program;

               (ii)  The Federal Family Education Loan program;

               (iii)  The Federal Direct Loan program;

               (iv) The Federal Perkins Loan program;

          (g)  "Higher education data system" means the data system established under Section 4 of this act.

          (h)  "Machine-readable format" means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost.

          (i)  "NSPARC" means the National Strategic Planning and Analysis Research Center located at Mississippi State which provides tailored research, analysis and software architecture services with an emphasis on workforce and economic development.

          (j)  "Personally identifiable information" includes:

               (i)  A student's name;

               (ii)  The name of a student's parent or other family members;

               (iii)  The address of a student or student's family;

               (iv)  A personal identifier, such as a student's social security number, student number or biometric record;

               (v)  Other indirect identifiers, such as a student's date of birth, place of birth and mother's maiden name;

               (vi)  Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

               (vii)  Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

          (k)  "Postsecondary educational institution" means any:

               (i)  State-supported four-year college or university subject to the governance of the Board of Trustees of State Institutions of Higher Learning; and

               (ii)  State-supported community or junior college subject to the governance of the Mississippi Community College Board and the boards of trustees of each community college district.

          (l)  "Reporting entity" means a postsecondary educational institution, federal agency, or other entity that submits data components for the higher education data system.

          (m)  "Secure multi-party computation" means a computerized system that enables different participating entities in possession of private sets of data to link and aggregate their data sets for the exclusive purpose of performing a finite number of pre-approved computations without transferring or otherwise revealing any private data to each other or anyone else.

          (n)  "Student-focused IPEDS metrics" means the aggregate metrics required under the Integrated Postsecondary Education Data System (IPEDS) that are student-related and calculated using student-related data components such as student enrollment rates and graduation rates.

     SECTION 3.  (1)  The Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall require each postsecondary educational institution under their respective authority to provide accurate information on all of the institution's academic, career and technical and vocational program offerings available to current and prospective students which result in the student's receipt of an associate's or bachelor's degree or certification credential.  At a minimum the information of program offerings shall consist of:

          (a)  All degree conferring programs categorized by area of declared major emphasis;

          (b)  All programs of certification categorized by technical or vocational skillset, and the credential received with such certification;

          (c)  A catalog of all required courses associated with each degree or certification program and all course prerequisites necessary to matriculate through each course of study;

          (d)  The number of credit hours required for each degree or certification program; and

          (e)  The estimated annual cost of attendance, based upon:

               (i)  Tuition calculated by multiplying the cost per credit hour by the minimum number of hours required by the postsecondary educational institution to constitute a full-time student;

               (ii)  The average annual cost of room and board;

               (iii)  Any institutional application or registration fees; and

               (iv)  Average annual cost of books and supplies.

     (2)  The boards shall develop a universal net price calculator that is housed within the National Strategic Planning and Analysis Research Center (NSPARC), and that may be based on or utilize an existing platform developed by a public or private entity, that:

          (a)  Enables users to answer one (1) set of questions and receive net prices for any postsecondary educational institution that is required to have a net price calculator under this subsection;

          (b)  Is developed in consultation with the executive leadership of relevant state and federal agencies; and

          (c)  Before being finalized and publicly released, is tested in accordance with subsection (3).

     (3)  (a)  If the boards develop a universal net price calculator under subsection (2), the boards, in consultation with the heads of relevant state and federal agencies, shall establish a process to submit the universal net price calculator developed under this section for consumer testing among representatives of:

               (i)  Students, including:

                    1.  Low-income students;

                    2.  First generation college students;

                    3.  Adult students; and

                    4.  Prospective students;

               (ii)  Students' families:

                    1.  Including low-income families;

                    2.  Families with first-generation college students; and

                    3.  Families with prospective students;                     (iii)  Postsecondary educational institutions;                   (iv)  Secondary school counselors;

               (v)  Postsecondary educational institution counselors; and

               (vi)  Nonprofit consumer groups.

          (b)  The boards shall ensure that the consumer testing lasts no longer than six (6) months after the process for consumer testing is developed under paragraph (a).

          (c)  The results of consumer testing under paragraph (a) shall be used in the final development of the universal net price calculator.

          (d)  Not later than three (3) months after the date the consumer testing under paragraph (a) concludes, the boards shall submit to the Legislature the final universal net price calculator and a report detailing the results of such testing, including whether the boards added any additional items to the calculator as a result of such testing.

          (e)  The boards may modify the definitions, terms, formatting and design of the universal net price calculator based on the results of consumer testing required under this subsection and before finalizing the calculator.

     (4)  Not later than one (1) year after the date of enactment of this act, a net price calculator for a postsecondary educational institution shall, at a minimum, meet the following requirements:

          (a)  The link for the calculator:

               (i)  Is clearly labeled as a "net price calculator," and prominently, clearly and conspicuously posted in locations on the postsecondary educational institution's website, where information on costs and aid is provided;

               (ii)  Matches in size and font to the other prominent links on the primary menu; and

               (iii)  May be included on the postsecondary educational institution's compliance web page, which contains information relating to compliance with federal, state and local laws;

          (b)  The input screen for the net price calculator displays a chart of the net prices for students receiving federal student financial aid under Title IV of the Higher Education Act of 1965 for the most recent academic year for which data are available, disaggregated by income categories;

          (c)  The results screen for the calculator specifies the following information:

               (i)  The individual net price for the individual student, which is the most visually prominent figure on the results screen, including a statement of:

                    1.  The year for which the net price applies; and

                    2.  The year from which the data was used to determine that net price;

               (ii)  Cost of attendance, including:

                    1.  The total estimated cost for a student to complete the program of study, based on normal time for completion of, or graduation from, the student's particular program of study;

                    2.  The total annual cost of attendance;

                    3.  Annual tuition and fees;

                    4.  Average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the postsecondary educational institution;

                    5.  Average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the postsecondary educational institution;

                    6.  Estimated annual cost of other expenses, including personal expenses and transportation, for a first-time, full-time undergraduate student enrolled in the postsecondary educational institution; and

                    7.  A statement of:

                         a.  The year for which each cost described in this subparagraph applies; and

                         b.  The year from which the data was used to determine each cost described in this subparagraph;

               (iii)  Estimated total need-based grant aid and merit-based grant aid, from federal, state and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid, and disaggregated by academic year for normal time for completion of, or graduation from, the student's particular program of study;

               (iv)  Percentage of the first-time, full-time undergraduate students enrolled in the institution who received any type of grant aid described in subparagraph (iii), disaggregated by their first year and subsequent years of enrollment up to the number of years for normal completion of, or graduation from, their particular program of study;

               (v)  In the case of a calculator that:

                    1.  Includes questions to estimate a current or prospective student's eligibility for veterans' education benefits or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in subparagraph (iii); or

                    2.  Does not include questions to estimate eligibility for the benefits described in clause 1. of this subparagraph, the results screen indicates:

                         a.  That certain current or prospective students may qualify for such benefits;

                         b.  States why the institution is not including questions to estimate a student's eligibility for such benefits; and

                         c.  Includes a link to an appropriate federal website that provides information about such benefits; and

          (d)  The postsecondary educational institution populates the calculator with data from not earlier than two (2) academic years prior to the most recent academic year.

     (5)  A net price calculator for an institution of higher education shall:

          (a)  Clearly indicate which questions are required to be completed for an estimate of the net price from the calculator;

          (b)  In the case of a calculator that requests contact information from users, clearly mark such requests as "optional";

          (c)  Prohibit any personally identifiable information provided by users from being sold or made available to third parties; and

          (d)  Provide a clear statement that "Any information that you provide on this site is confidential.  The Net Price Calculator does not store your responses or require personal identifying information of any kind."

     (6)  Each postsecondary education institution shall post the  information required by this section on its website within thirty (30) days of such information becoming available to the institution, and updated annually before the start of the new academic year.

     (7)  Not later than two (2) years after the date of enactment of this act, the boards shall submit a report to the Legislature on steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families.

     SECTION 4.  (1)  By not later than July 1, 2023, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board, acting respectively through the Commissioner of Higher Education, the Executive Director of the Mississippi Community College Board and the Executive Director of the National Strategic Planning and Analysis Research Center (NSPARC), shall establish and maintain a new higher education data system that meets the requirements of subsection (2).

     (2)  The higher education data system shall:

          (a)  Facilitate the compilation of statistical data necessary to create a robust and useful higher education data system while minimizing the privacy and security risks by using commercially available technology that, at a minimum, uses technical protection measures that reasonably ensure that:

               (i)  A reporting entity's raw data, including personally identifiable information, shall not be accessible through the system to NSPARC or any party other than the reporting entity;

               (ii)  No information about the data components used in the system is revealed by the system to the boards or any other party, except as incorporated into the outcome metrics described in Section 6; and

               (iii)  No data or information that can identify an individual is revealed by the system to the NSPARC or any other party;

          (b)  (i)  Permit only the offices of the Commissioner of Higher Education and the Executive Director of the Mississippi Community College Board, directly and not by grant or contract, to perform statistical queries necessary to determine the outcome metrics described in Section 6 using the data components submitted by the reporting entities; and

               (ii)  Prohibit, using commercially available technology, any other queries by NSPARC or any other party through the system;

          (c)  Be resistant, to the extent possible using commercially available technology, to attempts by any party to individually identify individuals in the data components submitted by reporting entities; and

          (d)  Minimize, to the extent possible using commercially available technology, the privacy risks to individuals whose data has been submitted by a reporting entity that could result from data breaches of any system operated by the reporting entity.

     (3)  In designing, establishing, and maintaining the higher education data system, the boards, acting through the commissioner, executive director and director, shall use the best available cybersecurity and privacy-enhancing technologies to protect the data collected under such system and the privacy of the underlying individuals.  In designing the data system, the commissioner:

          (a)  Shall use secure multiparty computation technologies; or

          (b)  May utilize technology other than secure multiparty computation technologies if the other technology:

               (i)  Fully complies with subparagraphs (i) through (iii) of subsection (2)(a); and

               (ii)  Delivers greater student privacy and security than secure multiparty computation.

     (4)  (a)  Within one (1) year of the effective date of this act, the boards, acting through the commissioner, executive director and director, shall issue rules regarding how reporting entities, and other entities performing the reporting duties in accordance with Section 5(2)(b), shall comply with the requirements established under this act and any amendments made to the Higher Education Act of 1965.  Such rules shall:

               (i)  Establish common definitions for reporting entities to follow in submitting the data components required under Section 5; and

               (ii)  Establish the collection and submission requirements for the higher education data system.

          (b)  The boards shall promulgate and periodically review rules or guidance relating to security under this act, which shall govern the access, use, and disclosure of data collected in connection with the activities authorized in this act.  The rules or guidance described in this paragraph shall:

               (i)  Be consistent with the need to protect data from unauthorized access, use and disclosure; and

               (ii)  Include the following:

                    1.  An audit capability and requirements for routine audits;

                    2.  Access controls; and

                    3.  Requirements to ensure sufficient data security, quality, validity, and reliability.

          (c)  Every four (4) years, the boards shall review, and update as appropriate, the rules and guidance issued under paragraphs (a) and (b).

     (5)  The boards shall provide a clear, prominent, comprehensible and nonmisleading notice of the requirements of this section that shall:

          (a)  Describe how the requirements of this section are to be implemented, and how personal information is to be collected, used, analyzed or retained pursuant to this act; and

          (b)  Be posted on the website of the boards and made available to all reporting entities.

     (6)  Nothing in this section shall be construed to place requirements or restrictions on activity not specifically related to establishing and maintaining the higher education data system.

     SECTION 5.  (1)  By not later than July 1, 2023, each postsecondary educational institution participating in any federal student financial assistance program shall report to

the higher education data system:

          (a)  Not more than the minimum student-level data necessary to enable the commissioner to calculate the metrics described in Section 6 for each year; and

          (b)  Not more than the minimum student-level data necessary for the commissioner to calculate the student-focused IPEDS metrics for each year.

     (2)  In reporting the data described in paragraph (1) to the higher education data system, the institution may:

          (a)  Directly report the data using the technology described in Section 4(2)(a) and authorized in a rule or guidance issued under Section 4(4); or

          (b)  Submit such data to a third-party servicer that has demonstrated the capacity to utilize such technology and agreed to conduct the reporting for the institution.

     (3)  Beginning July 1, 2023, the Mississippi Veterans Affairs Board shall report to the higher education data system the data components relating to the recipients of educational assistance benefits provided directly to service members and veterans under the laws administered by the United States Department of Veterans Affairs and the United States Department of Defense, that are:

          (a)  Available to the executive director of the Mississippi Veterans Affairs Board; and

          (2)  Necessary, as determined by the boards, for the calculation of the outcome metrics described in Section 6 for each year.

     (4)  Beginning July 1, 2023, the Commissioner of Higher Education and the Executive Director of the Mississippi Community College Board shall provide to the higher education data system the data components relating to individual eligibility for, and receipt of aid from, all federal student financial aid programs that are necessary for the calculation of the outcome metrics described in Section 6 for each year.

     SECTION 6.  (1)  (a)  Beginning not later than four (4) years after the date of enactment of this act and annually thereafter, the boards, acting through the commissioner, executive director and director, shall use the higher education data system to calculate only the metrics described in subsections (2) and (3) for each institution participating in the system and, wherever applicable and feasible, for each program of study at the institution.

          (b)  The boards shall calculate the metrics described in subsections (b) and (c) for the previous year.

     (2)  The education and debt-related metrics to be calculated under the higher education data system are the following:

          (a)  All student-focused IPEDS metrics;

          (b)  The percentage of students who receive each of the following:

               (i)  Federal grants;

               (ii)  Federal loans;

               (iii)  State grants;

               (iv)  State loans;

               (v)  Private loans;

               (vi)  Private scholarships;

               (vii)  Institutional grants; and

               (viii)  Institutional loans;

          (c)  Student completion rates, calculated based on the percentage of students who complete the program within one hundred percent (100%), one hundred fifty percent (150%), and two hundred percent (200%) of normal program completion time;

          (d)  The mean and median amount of federal loan debt, including accrued interest, incurred by aided students while enrolled in the institution for the most recent award year for which data are available;

          (e)  The mean and median amount of total federal loan debt, including accrued interest, incurred by aided students of the institution, as of the date of the student's graduation or completion of the student's program of study;

          (f)  The mean and median amount of total federal loan debt, including accrued interest, of aided students who do not complete a program, measured as of the day before the student's repayment period for any such loans begin;

          (g)  The loan repayment rates of students who enrolled in the institution, as of two (2), six (6) and fifteen (15) years after the date of program completion or exit;

          (h)  Student transfer rates, which shall be defined as the percentage of students who leave an institution and successfully enroll in a program of study at another institution, by sector of transfer, including whether the receiving program of study is offered by a public four-year institution, public two-year institution, private nonprofit four-year institution, private nonprofit two-year institution, private for-profit four-year institution or private for-profit two-year institution;

          (i)  Transfer student completion rates, which shall be defined as the percentage of students who leave an institution, successfully enroll in a program of study at another institution, and complete such program of study, by sector of transfer (as described in paragraph (h);

          (j)  Rates of continuation to subsequent levels of education, including lateral, higher, and lower levels of degree or credential progression, disaggregated by credential sought, including master's degree, law degree, medical degree, veterinary degree and postbaccalaureate certificate;

          (k)  The percentage of students who receive the degree level they initially sought and the percentage of students who receive a higher degree level; and

          (l)  The percentage of students who drop out of the institution without receiving a degree or credential.

     (3)  (a)  The education and debt-related metrics described in subsection (2) shall be disaggregated and separately provided, except as allowed under paragraph (b) of this subsection, on the basis of the following uncombined categories of data:

               (i)  Students who received a Federal Pell Grant under Subpart 1 of Part A of Title IV of the Higher Education Act of 1965;

               (ii)  Students who received a loan under Part B or D of Title IV of the Higher Education Act of 1965, but not a Federal Pell Grant;

               (iii)  Students who received neither a Federal Pell Grant, nor a loan under Part B or D of Title IV of the Higher Education Act of 1965;

               (iv)  Students who are recipients of educational assistance benefits provided directly to veterans under the law. The Mississippi Veterans Affairs Board shall coordinate with the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board to make available data sufficient to enable such reporting under this subparagraph;

               (v)  Students who are servicemembers or veterans;

               (vi)  Enrollment status, including the following:

                    1.  First-time, full-time students;

                    2.  First-time, part-time students;

                    3.  Nonfirst-time, full-time students; and

                    4.  Nonfirst-time, part-time students;

               (vii)  Race or ethnicity;

               (viii)  Age or age intervals;

               (ix)  Gender;

               (x)  First-generation postsecondary education student status;

               (xi)  The type of credential, including a baccalaureate degree, associate's degree and a certificate, sought by the student through the program of study;

               (xii)  Whether the student is college-ready or noncollege-ready in mathematics and science, as determined by the  postsecondary educational institution; and

               (xiii)  Completion status.

          (b)  The education and debt-related metrics described in a category under any of subparagraphs (i) through (iv), (xii) or (xiii) of paragraph (a) may be derived for purposes of the requirements of such subparagraph by combining data for such category with another single category of data described in any of subparagraphs (i) through (xiii) of such subparagraph.

     (4)  The earning metrics shall be calculated in the following manner:

          (a)  The earning metrics shall consist of the debt-to-earnings ratio, and the annual earnings from employment, of students who enrolled in the institution of higher education:

               (i)  Calculated at the mean, median, and 10th, 25th, 75th, and 90th percentiles of such students; and

               (ii)  Further disaggregated by:

                    1.  Program of study and credential received;

                    2.  The state in which the student is employed; and

                    3.  Completion status.

          (b)  The debt-to-earnings ratios and the annual earnings from employment calculated and disaggregated under paragraph (1) shall be calculated and reported for students for each of the following time periods:

               (i)  Two (2) years after the student's educational program completion or exit.

               (ii)  Six (6) years after the student's educational program completion or exit.

               (iii)  Fifteen (15) years after the student's educational program completion or exit.

     SECTION 7.  (1)  For a period of five (5) years, beginning on the date on which the new outcome metrics under this act are first reported to the public under Section 8(1), the boards shall be responsible for publishing all student-focused IPEDS metrics as required under IPEDS.

     (2)  Beginning five (5) years after the date on which the new outcome metrics under this act are first reported to the public under Section 8(1), the higher education data system shall replace any separate reporting or data collection requirements under IPEDS involving the student-focused IPEDS metrics.

     SECTION 8.  (1)  The Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board  shall make the outcome metrics described in Section 6 for each year available, by publishing such outcome metrics in machine-readable format, on each of the boards' websites, as well as requiring the metrics to be available on the websites of each postsecondary educational institution, and through any other appropriate method, in a timely and user-friendly manner.

     (2)  The boards shall not sell any data components collected for the higher education data system to any third party.

     SECTION 9.  Nothing in this act shall be construed to affect any other activity related to data collection undertaken by the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board or any other state or federal agency that is authorized under any other state or federal law, except as provided under Section 7 with respect to the collection of the IPEDS student-focused metrics.

     SECTION 10.  (1)  Not later than one (1) year after the date of enactment of this act, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall issue guidance outlining which data metrics required to be submitted by postsecondary educational institutions as required by this act are duplicative of institutional reporting requirements under the Higher Education Act of 1965 or any other provision of state law.

     (2)  Not later than five (5) years after the date of enactment of this act, a postsecondary educational institution participating in any program under the Higher Education Act of 1965 shall:

          (a)  Notwithstanding any other provision of law, not be required to meet any duplicative requirements identified under subsection (1) of this section; and

          (b)  Provide a prominently displayed link on the institutions website to the website of the respective governing board which provides the outcome metrics of the higher education data system established under this act.

     (3)  The link described in subsection (2)(b) shall:

          (a)  At a minimum, be included on any webpage for the postsecondary educational institution with cost, financial aid, admissions or other consumer information; and

          (b)  Be clear, conspicuous and readily accessible, as determined by the boards.

     SECTION 11.  This act shall take effect and be in force from and after its passage.