Bill Text: CA SB19 | 2009-2010 | Regular Session | Chaptered
Bill Title: Education data.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 159, Statutes of 2009. [SB19 Detail]
Download: California-2009-SB19-Chaptered.html
BILL NUMBER: SB 19 CHAPTERED
BILL TEXT
CHAPTER 159
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 11, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY AUGUST 27, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Simitian
(Principal coauthor: Senator Romero)
(Coauthor: Senator Alquist)
(Coauthors: Assembly Members Arambula, Brownley, Buchanan, Carter,
Eng, Bonnie Lowenthal, Solorio, and Torlakson)
DECEMBER 1, 2008
An act to amend Sections 10601, 10601.5, 10802, 10804, and 60900
of the Education Code, relating to education data.
LEGISLATIVE COUNSEL'S DIGEST
SB 19, Simitian. Education data.
(1) Existing law establishes the California Education Information
System, which consists of the California Longitudinal Pupil
Achievement Data System (CALPADS) and the California Longitudinal
Teacher Integrated Data Education System (CALTIDES). Existing law
requires that data elements and codes included in the California
Education Information System be maintained in compliance with
specified provisions of law.
This bill would additionally require that data elements and codes
included in the California Education Information System be maintained
in compliance with any other applicable federal or state law that
can be interpreted as protecting the privacy and confidentiality of
individual pupils or certificated personnel.
(2) Existing law prohibits data in CALTIDES from being used either
solely or in conjunction with data from CALPADS for purposes of pay,
promotion, sanction, or personnel evaluation of an individual
teacher or groups of teachers, or any other employment decisions
related to individual teachers.
This bill would delete this prohibition. The bill would prohibit
data in CALTIDES from being used in violation of any federal or state
law that is intended to protect an individual's right to privacy or
the confidentiality of an individual's personal information.
(3) Existing law requires the State Chief Information Officer to
convene a working group representing specified entities to create a
strategic plan to link education data systems and to accomplish
specified objectives relating to the accessibility of education data.
The State Chief Information Officer is required to deliver this
strategic plan to the Legislature and the Governor no later than
September 1, 2009.
This bill would require the plan to identify specific procedures
and policies that would facilitate the sharing and transfer of data,
and would change the date the plan is required to be delivered to the
Legislature and the Governor to January 1, 2010. The bill
additionally would authorize these provisions to be implemented using
federal grant funds received pursuant to the American Recovery and
Reinvestment Act of 2009 through that act's provision of funds for
statewide data systems under the federal Education Technical
Assistance Act.
(4) Existing law requires the State Department of Education under
CALPADS to contract for the development of proposals that will
provide for the retention and analysis of longitudinal pupil
achievement data. Existing law requires local educational agencies to
retain individual pupil records for each test taker, including other
data elements deemed necessary by the Superintendent, with approval
of the State Board of Education, to comply with federal reporting
requirements delineated in the federal No Child Left Behind Act of
2001.
This bill would, prior to the implementation of these provisions
with respect to adding data elements to CALPADS for the purpose of
complying with the American Recovery and Reinvestment Act of 2009,
require the department to submit an expenditure plan to the
Department of Finance, as specified. The bill would require the
Department of Finance to provide to the Joint Legislative Budget
Committee a copy of the plan within 10 days of receipt.
The bill also would make technical and clarifying changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10601 of the Education Code is amended to read:
10601. (a) There has been developed by the department the
California Education Information System, hereinafter in this chapter
called "the system." The function of the system is to establish,
conduct, and by continuous concern keep up to date a basic,
integrated, statewide information system for education.
(b) The system includes both of the following:
(1) The California Longitudinal Pupil Achievement Data System
pursuant to Chapter 10 (commencing with Section 60900) of Part 33,
which maintains pupil data regarding demographic, program
participation, enrollment, and statewide assessments, in addition to
data contained in the California Basic Educational Data System,
including certificated staff information collected through the
Professional Assignment Information Form prepared by the department.
(2) The California Longitudinal Teacher Integrated Data Education
System developed pursuant to Section 10601.5, which enables analysis
of workforce trends, evaluation of teacher preparation programs, and
the monitoring of teacher assignments. The California Longitudinal
Teacher Integrated Data Education System shall maintain data
regarding the certificated workforce that is not maintained in the
California Longitudinal Pupil Achievement Data System and consolidate
data that is collected by state agencies and local educational
agencies.
(c) Data elements and codes included in the system shall be
maintained in compliance with all of the following:
(1) Chapter 6.5 (commencing with Section 49060) of Part 27 and any
regulations adopted pursuant thereto.
(2) Section 49602.
(3) Section 56347.
(4) The Information Practices Act of 1977 (Chapter 1 (commencing
with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil
Code).
(5) The federal Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant
thereto.
(6) Any other applicable federal or state law that can be
interpreted as protecting the privacy and confidentiality of
individual pupils or certificated personnel.
(d) The department shall adopt regulations to implement this
section.
SEC. 2. Section 10601.5 of the Education Code is amended to read:
10601.5. (a) The department, in collaboration with the Commission
on Teacher Credentialing, shall contract for the development of a
teacher data system to be known as the California Longitudinal
Teacher Integrated Data Education System that is based on the results
of the teacher data system feasibility study conducted pursuant to
Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter
38 of the Statutes of 2005). The purpose of the California
Longitudinal Teacher Integrated Data Education System is to
streamline processes, improve the efficiency of data collection by
the department, the Commission on Teacher Credentialing, and the
Employment Development Department, and improve the quality of data
collected from local educational agencies and teacher preparation
programs. The California Longitudinal Teacher Integrated Data
Education System shall be developed and implemented in accordance
with all state rules and regulations governing information technology
projects.
(b) The California Longitudinal Teacher Integrated Data Education
System shall serve as the central state repository of information
regarding the teacher workforce in the state for purposes of
developing and reviewing state policy, identifying workforce trends,
and identifying future needs regarding the teaching workforce. It
shall also serve to provide high-quality program evaluations,
including evaluation of the effectiveness of teacher preparation and
induction, and to help improve professional development programs.
Additionally, it shall promote the efficient monitoring of teacher
assignments as required by state and federal law.
(c) The California Longitudinal Teacher Integrated Data Education
System shall not include the names, social security numbers, home
addresses, telephone numbers, or e-mail addresses of individual
teachers.
(d) Data in the California Longitudinal Teacher Integrated Data
Education System shall not be used in violation of any federal or
state law that is intended to protect an individual's right to
privacy or the confidentiality of an individual's personal
information.
(e) The system shall be used to accomplish all of the following
goals:
(1) Provide a means to evaluate all of the following:
(A) The effectiveness of teacher preparation programs, including,
but not limited to, traditional fifth-year programs, university
internship programs, and district-sponsored internship programs.
(B) Teacher workforce issues, including mobility, retention, and
attrition.
(2) Streamline and improve the effectiveness and timeliness of
assignment monitoring as required by the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and by state law.
(3) Enable local educational agencies to monitor teacher
assignments on demand.
(f) For purposes of implementing this chapter, including the
legislative intent expressed in subdivision (b) of Section 10600, the
system shall include all of the following information:
(1) Age profiles of teachers in the workforce.
(2) Projections of the number of retirees in the education system
over the next 10 years throughout the state.
(3) Identification of subject matter fields that have the severest
shortage of teachers.
(4) Geographic distribution of teachers by credential type.
(5) Present patterns of in-service education for teachers.
(g) The Commission on Teacher Credentialing and accredited
teacher preparation programs shall participate in the system by
providing available data regarding enrollment in credential programs,
credentials issued in each specialization, and certificated persons
in each specialty who are not employed in education, and by
collaborating with the department in the design and preparation of
periodic reports of teacher supply and demand in each specialty and
in each geographic region of the state.
(h) The California Longitudinal Teacher Integrated Data Education
System shall do all of the following:
(1) Utilize and maximize use of existing teacher databases.
(2) Maintain longitudinally linked data without including the
names of teachers.
(3) Comply with all state and federal confidentiality and privacy
laws.
(i) The Superintendent shall convene a working group to provide
advice and guidance on the development and implementation of the
system. The group shall include, but is not limited to,
representatives from the Commission on Teacher Credentialing, the
Department of Finance, the Secretary for Education, the Legislative
Analyst's Office, the Employment Development Department, and
representatives of local educational agencies, postsecondary
educational institutions, researchers, teachers, administrators, and
parents.
(j) The operation of the California Longitudinal Teacher
Integrated Data Education System is contingent upon the appropriation
of funds for purposes of this section in the annual Budget Act or
other legislation.
SEC. 3. Section 10802 of the Education Code is amended to read:
10802. The department shall establish a process by which local
educational agencies issue, maintain, and report information using
the unique statewide pupil identifiers specified in paragraph (3) of
subdivision (e) of Section 60900 for state and federally funded
center-based child care and development programs under their purview.
Except to the extent required by federal law, or as needed to ensure
compliance with federal law, the department shall not require these
center-based child care and development programs to implement or
maintain unique pupil identifiers specified in paragraph (3) of
subdivision (e) of Section 60900 until an appropriation for this
purpose is provided in the annual Budget Act or another statute.
SEC. 4. Section 10804 of the Education Code is amended to read:
10804. (a) The State Chief Information Officer appointed pursuant
to Section 11545 of the Government Code shall convene a working
group representing, at a minimum, the state board, the
Superintendent, the Chancellor of the California Community Colleges,
the University of California, the California State University, and
any other governmental entities that collect, report, or use
individual pupil education data that would become part of the
comprehensive education data system. The State Chief Information
Officer shall form an advisory committee to the working group that
includes school and district administrators, teachers and faculty,
education program providers, policymakers, researchers, parents, and
pupils.
(b) The working group convened pursuant to this section shall
create a strategic plan to link education data systems from all
segments and to accomplish all of the following:
(1) Provide an overall structural design for the linked education
data systems.
(2) Examine current state education data systems.
(3) Examine the protocols and procedures to be used by state
agencies in data processing, including, but not limited to,
collecting, storing, manipulating, sharing, retrieving, and releasing
data so as to enable each state agency to accurately and efficiently
collect and share data with the other state agencies while complying
with all applicable state and federal privacy laws.
(4) Identify specific procedures and policies that would be
necessary to ensure the privacy of pupil record information so as to
meet both federal requirements and the higher expectations of privacy
held by the state.
(5) Identify specific procedures and policies that would
facilitate the sharing and transfer of data from one segment to
another and ultimately to include linkages to workforce data.
(c) The strategic plan shall be delivered by the State Chief
Information Officer to the Legislature and the Governor on or before
January 1, 2010.
(d) This section may be implemented using federal grant funds
received pursuant to the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) through that act's provision of funds for
statewide data systems under the federal Education Technical
Assistance Act (20 U.S.C. Sec. 9601 et seq.).
SEC. 5. Section 60900 of the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals which will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information that can be
used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
(1) All demographic data collected from the STAR Program test,
high school exit examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the STAR Program, high school exit examination, and English
language development testing programs. To the extent feasible, data
should include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR Program tests, high school exit
examination, and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with approval of the state board, to comply with the federal
reporting requirements delineated in the No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.), and the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), after review and comment
by the advisory board convened pursuant to subdivision (h). Prior to
the implementation of this paragraph with respect to adding data
elements to the California Longitudinal Pupil Achievement Data System
for the purpose of complying with the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), the department shall
submit an expenditure plan to the Department of Finance detailing any
administrative costs to the department and costs to any local
educational agency, if applicable. The Department of Finance shall
provide to the Joint Legislative Budget Committee a copy of the
expenditure plan within 10 days of receipt of the expenditure plan
from the department.
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
STAR Program tests, high school exit examination, and English
language development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the STAR
Program tests, high school exit examination, and English language
development test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Education Rights and Privacy Act (20 U.S.C. Sec. 1232g), Section
1242h of Title 20 of the United States Code, and related federal
regulations.
(h) The department shall convene an advisory board consisting of
representatives from the state board, the Secretary for Education,
the Department of Finance, the State Privacy Ombudsman, the
Legislative Analyst's Office, representatives of parent groups,
school districts, and local educational agencies, and education
researchers to establish privacy and access protocols, provide
general guidance, and make recommendations relative to data elements.
The department is encouraged to seek representation broadly
reflective of the general public of California.
(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
(j) This section shall be implemented using federal funds received
pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.), which are appropriated for purposes of this section in
Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002
(Chapter 379 of the Statutes of 2002). The release of these funds is
contingent on approval of an expenditure plan by the Department of
Finance.
(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, or charter
school.
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