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AB-2955 Pupil data.(2007-2008)

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AB2955:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2955

Introduced  by  Assembly Member Duvall

February 22, 2008

An act relating to pupil data. An act to add Section 49079.5 to the Education Code, relating to pupil data.


LEGISLATIVE COUNSEL'S DIGEST


AB 2955, as amended, Duvall. Pupil data.
(1) Existing federal law requires schools and educational agencies receiving federal financial assistance to comply with specified provisions regarding the release of pupil data. State law prescribes additional rules relating to the authorized release of pupil data.
Under existing law, the State Department of Education is required to contract for the development of proposals to provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to the Standardized Testing and Reporting Program (STAR), the English language development tests, and the high school exit exam. Existing law provides that this longitudinal achievement data is known as the California Longitudinal Pupil Achievement Data System (CALPADS). Under existing law, CALPADS is required to be used to accomplish specified goals, including providing school districts and the department access to the data necessary to comply with federal reporting requirements, as specified, providing a better means of evaluating educational progress and investments over time, providing local educational agencies information that can be used to improve pupil achievement, and providing an efficient, flexible, and secure means of maintaining longitudinal statewide pupil data.
This bill would authorize the California Chief Information Officer to manage the data of local educational agencies through CALPADS. The bill would authorize local educational agencies to share data with each other through CALPADS. The bill would require the State Chief Information Officer to establish a pupil data team composed of specified stakeholders to provide input and make recommendations to the State Chief Information Officer regarding policy and procedures, including, but not limited to, the functionality of CALPADS data and response to requests for data. The pupil data team would be required to comply with specified requirements.
(2) Existing law authorizes the Committee for the Protection of Human Subjects (CPHS) for the California Health and Human Services Agency to approve requests for the release of personally identifiable data to the University of California or a nonprofit educational institution for the purpose of conducting scientific research. Existing law authorizes the CPHS to enter into written agreements to enable other institutional review boards to provide the required data security approvals, as specified.
This bill would require the State Chief Information Officer to establish an independent review board to, if authorized by the CPHS, review and respond to all requests for individually identifiable data. The bill would require the independent review board to comply with specified requirements. The bill would require the State Chief Information Officer to adopt regulations to establish detailed criteria and procedures for the independent review board to review and respond to data requests.

Existing law requires the State Department of Education to develop and implement the California Longitudinal Pupil Achievement Data System to provide a means of evaluating educational progress and investments over time that shall have the capacity to provide data to state and local educational agencies upon their request, as specified.

This bill would state the intent of the Legislature to enact legislation to require a state pupil data system to be open to the public and educational researchers in an easily accessible format with appropriate precautions to protect pupil privacy.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 49079.5 is added to the Education Code, to read:

49079.5.
 (a) It is the intent of the Legislature, in enacting this section, to accomplish the following:
(1) Comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and related regulations (hereafter “FERPA”), in order to protect pupil rights and privacy.
(2) Create an environment in which the California Longitudinal Pupil Achievement Data System (CALPADS) becomes a resource rather than a burden to local educational agencies by reducing the need for redundant data entry, and by allowing the State Chief Information Officer to respond to requests for CALPADS data from local educational agencies, parents, researchers, and others, by allowing for the transfer of records electronically and in a timely manner, by providing data storage and archival services, and by reducing errors in reporting.
(3) Promote a culture of continuous academic improvement through informed decisionmaking at the classroom, school, district, state, and policymaker level.
(4) Make pupil data available to local educational agencies, parents, researchers, and others while appropriately protecting the privacy of individuals.
(b) To the extent permissible under FERPA, the State Chief Information Officer may manage the data of local educational agencies through CALPADS.
(c) To the extent permissible under FERPA, local educational agencies may share data with each other through CALPADS.
(d) The State Chief Information Officer shall review and respond to all requests for aggregate and individual nonpersonally identifiable data.
(e) The State Chief Information Officer shall establish an independent review board to review and respond to all requests for individually identifiable data. The board’s authority to review and respond to requests is conditioned upon receiving approval by the Committee for the Protection of Human Subjects for the California Health and Human Services Agency pursuant to paragraph (4) of subdivision (t) of Section 1798.24 of the Civil Code.
(1) If authorized to respond to requests, the independent review board shall comply with subdivision (t) of Section 1798.24 of the Civil Code and FERPA.
(2) The State Chief Information Officer shall adopt regulations to establish detailed criteria and procedures for the independent review board to review and respond to data requests.
(f) The State Chief Information Officer shall establish a pupil data team to provide input and make recommendations to the State Chief Information Officer regarding policy and procedures, including, but not limited to, the functionality of CALPADS data and response to requests for data by local educational agencies, parents, researchers, and others.
(1) The pupil data team shall be broadly representative of educational stakeholders, including:
(A) Two school district superintendents selected by the Association of California School Administrators.
(B) Two representatives of county offices of education selected by the California County Superintendents Educational Services Association.
(C) One representative from the state board selected by members of the state board.
(D) One representative from the department selected by the Superintendent.
(E) One representative from the research community selected by EdSource.
(F) One representative from California School Information Services.
(G) The State Chief Information Officer or his or her designee, who shall serve as chair of the pupil data team.
(2) The members of the pupil data team shall serve without compensation. The members may be reimbursed for actual and necessary travel expenses incurred in the course of carrying out the duties of the pupil data team.
(3) The members of the pupil data team that are selected by associations or agencies shall serve at the pleasure of their respective appointing authorities. Members designated in subparagraphs (A) to (E), inclusive, shall serve two-year terms, and if vacancies occur during the term, the respective appointing authorities designated in subparagraphs (A) to (E), inclusive, may appoint a successor.

SECTION 1.

It is the intent of the Legislature to enact legislation to require a state pupil data system to be open to the public and educational researchers in an easily accessible format with appropriate precautions to protect pupil privacy.