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SB-2 Statewide Longitudinal Student Database.(2019-2020)

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Date Published: 05/23/2019 09:00 PM
SB2:v97#DOCUMENT

Amended  IN  Senate  May 23, 2019
Amended  IN  Senate  April 10, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 2


Introduced by Senators Glazer and Allen
(Coauthor: Senator Wilk)

December 03, 2018


An act to add Chapter 10.5 (commencing with Section 66810) to Part 40 of Division 5 of Title 3 of the Education Code, relating to student data.


LEGISLATIVE COUNSEL'S DIGEST


SB 2, as amended, Glazer. Statewide Longitudinal Student Database.
Existing law establishes a system of elementary, secondary, and postsecondary education in this state. Existing law establishes the California Longitudinal Pupil Achievement Data System, which maintains pupil data regarding demographic, program participation, enrollment, and statewide assessments for the public elementary and secondary education system.
This bill would express the intent of the Legislature to establish the Statewide Longitudinal Student Database to collect and store data regarding individual students as they matriculate from preschool through entry into the workforce. The bill would require the Office of Higher Education Coordination, Accountability, and Performance, proposed to be established by SB 3 of the 2019–20 Regular Session, to convene a review committee for purposes of advising the office on the establishment, implementation, funding, and ongoing administration of the database. The bill would require the office to review the committee’s recommendations and develop a database plan that would include, among other things, requirements on state agencies, public schools, private institutions of higher education, and private schools to submit data. To the extent the requirement to submit data would impose additional data reporting requirements on public schools, the bill would impose a state-mandated local program. The bill would exempt contracts entered into by the office for purposes of implementing the bill’s provisions from provisions of the Government Code and Public Contract Code and from the review or approval of any division of the Department of General Services.
Subject to an appropriation for implementation of the database in the annual Budget Act or another statute and the completion of specified requirements, the bill would require the office to develop and implement the database. The bill would express the intent of the Legislature that the development of the database be substantially completed on or before July 1, 2022. The bill would prohibit the office from implementing the database if there is a determination, after consultation with the review committee, that the office is unable to obtain necessary, reliable, and relevant data or protect individual privacy rights and confidentiality of the data. The bill would make implementation of its provisions contingent upon an appropriation in the annual Budget Act or another statute for its purposes. The bill would make its operation contingent on the enactment of SB 3 of the 2019–20 Regular Session.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 10.5 (commencing with Section 66810) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER  10.5. Statewide Longitudinal Student Database

66810.
 The This chapter shall be known, and may be cited, as the Statewide Longitudinal Student Database.

66811.
 For purposes of this chapter, the following definitions apply:
(a) “Office” means the Office of Higher Education Coordination, Accountability, and Performance established in Section 66913.
(b) “Database” means the Statewide Longitudinal Student Database established pursuant to subdivision (g) of Section 66814.
(c) “P–20” means preschool through postsecondary education.
(d) “Segments of postsecondary education” means the California Community Colleges, the California State University, the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858.

66812.
 It is the intent of the Legislature in enacting this chapter to do both of the following:
(a) To establish the Statewide Longitudinal Student Database to collect and store data regarding individual students as they matriculate through P–20 and into the workforce. Education and workforce data is reported and collected through many disparate systems. Creating a process to aggregate this data will provide greater transparency regarding the effectiveness of education programs, and the data may be used to inform policy decisions regarding the provision of quality education, reduce education and workforce disparities, and improve education and workforce opportunities for all students.
(b) To encourage education stakeholders, including, but not limited to, the segments of postsecondary education, the State Department of Education, school districts, county offices of education, schools, school teachers and administrators, policymakers, and the community to use data collected and stored in the database to develop innovative approaches, services, and programs that may have the potential to deliver education that is both cost effective and responsive to the needs of students.

66813.
 This chapter shall only be implemented subject to an appropriation in the annual Budget Act or another statute for purposes of implementing this chapter.

66814.
 (a) (1) The office shall convene a review committee, composed of education stakeholders and experts, including, but not limited to, at least one expert on, or representative of, each of the following:
(A) The University of California.
(B) The California State University.
(C) The California Community Colleges.
(D) The State Department of Education.
(E) Early education.
(F) Postsecondary student financial aid.
(G) Social services.
(H) Statewide education research.
(I) Labor and workforce development.
(J) Privacy issues, including, but not limited to, the federal Family Educational Rights and Privacy Act established pursuant to Section 1232g of Title 20 of the United States Code.
(K) An academic senate, or a systemwide student organization, of a public postsecondary segment.
(L) Education data systems and education technology solutions.
(2) The review committee shall advise the office on the establishment, implementation, funding, and ongoing administration of the database.
(3) The review committee shall not have decisionmaking authority related to the administration of the database and a member of the review committee shall not have a financial interest, individually or through a family member, in the recommendations made to the office. The review committee shall hold public meetings with stakeholders, solicit input, and set its own meeting agendas. Meetings of the review committee are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(4) The members of the review committee shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the committee.
(5) The review committee shall develop, and recommend to the office, a plan to make a summary of database findings, conclusions, and analyses available to the public.
(b) The office shall review the committee’s recommendations and develop a database plan that includes, but is not limited to, all of the following:
(1) The use of a unique student identifier that is assigned to each pupil student upon entrance into the P–20 system and remains with that student as the student matriculates through that system and into the workforce.
(2) Student-level enrollment, demographic, and academic program participation data.
(3) Student-level attendance, special education, gifted and talented education, free and reduced-price lunch status, and career technical education participation data.
(4) Student-level transcript data, including, but not limited to, data on courses completed and grades earned in grades 7 to 12, inclusive.
(5) Student-level college readiness test scores, including, but not limited to, the Preliminary Scholastic Aptitude Test, the Scholastic Aptitude Test, the College Board Achievement Tests and Advanced Placement Tests, the ACT Assessment, International Baccalaureate exams, and Smarter Balanced Assessment Consortium tests, if the office can enter into data use agreements to collect this data.
(6) Student-level graduation and dropout data.
(7) The ability to match student records between the preschool through grade 12 (P–12) and postsecondary education systems.
(8) A state data audit system assessing data quality, validity, and reliability.
(9) Requirements, use case definitions, policies, and procedures for a state agency, public school, private institution of higher education, or private school to collect and submit data.
(10) Requirements to ensure compliance with all applicable state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act, as it relates to the disclosure of personally identifiable information.
(c) The office shall review information collected by the state in education or workforce data systems, including, but not limited to, the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 of Division 4 of Title 2, systems to identify gaps between available data and the data recommended to be collected by the review committee. The office may use third-party vendors to assist with the implementation of this chapter. The vendor shall prepare a plan, for submission to the office, for completing the database and identify which elements of the database can be addressed using an appropriation included in the Budget Act of 2020. If available funding is insufficient to address all elements identified, the plan shall prioritize the key components needed to best support the database. The office shall not consider a plan from a vendor that has a conflict of interest in assisting with the implementation of the database.
(d) The office shall develop guidance to require the submission of education and workforce data to the database and a methodology for the collection, validation, refinement, analysis, comparison, review, and improvement of data submitted by education and workforce entities and individuals specified pursuant to subparagraph (B) of paragraph (1) of subdivision (e). Home-based private schools shall not be required to collect or submit data for the database.
(e) (1) On or before July 1, 2021, the office shall submit a report to the Legislature based on recommendations made by the review committee pursuant to subdivision (a) and any third-party vendor pursuant to subdivision (c), that does all of the following:
(A) Includes information on the types of data, including, but not necessarily limited to, those specified in subdivision (b), purpose of use, and use case definitions to assist in prioritizing areas of development.
(B) Specifies entities and individuals required to report data.
(C) Defines and prioritizes data elements to collect, including, but not necessarily limited to, the requirements for data linkages to meet specified purposes and use cases.
(D) Analyzes data aggregation and the protection of individual confidentiality to advise on privacy and security.
(E) Analyzes and provides advice regarding existing technology and systems and available data that can be leveraged to ensure a streamlined database.
(2) The report shall also include recommendations including, but not necessarily limited to, all of the following:
(A) Additional legislation needed to ensure that the database receives appropriate data from identified entities and individuals, including, but not necessarily limited to, those specified pursuant to subparagraph (B) of paragraph (1), and legislation regarding enforcement mechanisms necessary for these entities and individuals to comply with the requirements of this chapter.
(B) Additional legislation recommending policies and strategies that support linkages between preschool, kindergarten, grades 1 to 12, inclusive, and postsecondary education systems in order to help youth secure education and career advancement. It is the intent of the Legislature that these policies and strategies ultimately lead to placement of each student in a job providing economic security or in an entry-level job that has a well-articulated career pathway or a career ladder to a job providing economic security.
(C) Additional legislation needed to protect individual privacy rights and confidentiality of the data.
(D) The type of technology solutions required, including, but not limited to, whether to build a new database or leverage existing databases, or develop a network of networks to facilitate a hybrid version of the two options.
(E) Identification of a governance structure, including, but not limited to, identification of the appropriate entity to operate the database.
(3) The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f) For purposes of implementing this chapter, including, but not limited to, hiring staff and consultants, facilitating and conducting meetings, conducting research and analysis, and developing the required reports, the office may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(g) (1) Subject to an appropriation for implementation of the database in the annual Budget Act or another statute, after the requirements of subdivisions (a) to (e), inclusive, of this section are fulfilled, the office shall develop and implement the database in accordance with this chapter.
(2) It is the intent of the Legislature that the development of the database be substantially completed on or before July 1, 2022.
(3) The office shall not implement or operate the database if there is a determination, after consultation with the review committee, that the office is unable to obtain necessary, reliable, and relevant data or protect individual privacy rights and confidentiality of the data.
(h) The office shall use the data collected and stored in the database to provide and perform regular, timely updates to comparative information on its internet website to help students and their families make informed decisions regarding academic programs and services offered by public and private educational institutions in the state.
(i) Personally identifiable information collected for, stored in, or used from the database is confidential and shall not be disclosed unless the disclosure is not prohibited by state or federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act.
(j) Ownership of data provided by an entity for inclusion in the database shall be retained by the entity.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3.

 This act shall become operative only if Senate Bill 3 of the 2019–20 Regular Session is enacted and becomes effective.