Code Section Group

Education Code - EDC

TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Title 1 enacted by Stats. 1976, Ch. 1010. )

DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Division 1 enacted by Stats. 1976, Ch. 1010. )

PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800]

  ( Part 7 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10874]

  ( Chapter 8.5 added by Stats. 2019, Ch. 51, Sec. 14. )

ARTICLE 1. Cradle-to-Career Data System Workgroup [10850 - 10859]
  ( Article 1 heading added by Stats. 2021, Ch. 144, Sec. 2. )

10850.
  

This chapter shall be known, and may be cited, as the California Cradle-to-Career Data System Act.

(Added by Stats. 2019, Ch. 51, Sec. 14. (SB 75) Effective July 1, 2019.)

10851.
  

For purposes of this article, the following definitions apply:

(a) “Data system” means statewide data infrastructure that integrates data from various partner entities and supports the purposes identified in this article.

(b) “Director” means the Director of State Planning and Research, or the director’s designee.

(c) “Partner entity” means an organization that can provide information to the data system to advance the purposes identified in this article and includes, but is not limited to, state entities responsible for elementary and secondary education data, entities responsible for early learning data and care, segments of public higher education, private colleges and universities, state entities responsible for overseeing private colleges, student financial aid, childcare providers, state labor and workforce development agencies, and state departments administering health and human services programs.

(d) “Planning facilitator” means an entity with expertise in data governance, privacy, security, quality, reporting, and user-centered design.

(e) “Workgroup” means the California Cradle-to-Career Data System Workgroup established pursuant to Section 10853.

(Amended by Stats. 2021, Ch. 144, Sec. 3. (AB 132) Effective July 27, 2021.)

10852.
  

It is the intent of the Legislature in enacting this article to do all of the following:

(a) Build a data system to enable partner entities to share information in a manner that promotes data privacy and security.

(b) Design a data system that minimizes the need for new infrastructure, is adaptable, and is flexible to meet future needs.

(c) Serve students and families by doing all of the following:

(1) Identifying and tracking predictive indicators to enable parents, teachers, health and human services providers, and policymakers to provide appropriate interventions and supports to address disparities in opportunities and improve outcomes for all students.

(2) Creating direct support tools for teachers, parents, advisors, and students.

(3) Enabling agencies to plan for and optimize educational, workforce, and health and human services programs.

(4) Enabling and streamlining the administration of student financial aid.

(5) Advancing academic and governmental research on improving policies from birth through career.

(d) Improve the quality and reliability of data reported, and ensure consistency of key data definitions.

(e) Identify additional data points and metrics that can be developed and integrated into the data system to support the goals of this article.

(Amended by Stats. 2021, Ch. 144, Sec. 4. (AB 132) Effective July 27, 2021.)

10853.
  

(a) The California Cradle-to-Career Data System Workgroup is hereby established to do both of the following:

(1) Assess and recommend data system structural components, processes, and options for expansion and enhancement of data system functionality, to be outlined in the reports required pursuant to Sections 10856 and 10857.

(2) Advise ongoing efforts to develop, administer, and enhance the data system.

(b) Meetings of the workgroup 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).

(Added by Stats. 2019, Ch. 51, Sec. 14. (SB 75) Effective July 1, 2019.)

10854.
  

(a) (1) On or before July 15, 2019, the executive director of the state board shall designate a representative to serve on the workgroup.

(2) On or before July 15, 2019, the State Department of Education shall designate representatives, including one representative from the divisions responsible for early learning activities and educational data reporting, for a total of no more than three representatives, to serve on the workgroup.

(3) On or before July 15, 2019, the following entities shall each designate one representative to serve on the workgroup:

(A) The Office of the Chancellor of the California Community Colleges.

(B) The University of California.

(C) The California State University.

(D) The Commission on Teacher Credentialing.

(E) The executive director of the Student Aid Commission on behalf of the commission.

(F) The Employment Development Department.

(G) The Labor and Workforce Development Agency.

(H) The California Health and Human Services Agency.

(I) The State Department of Social Services.

(J) The Department of Technology.

(K) The Bureau for Private Postsecondary Education.

(4) On or before July 15, 2019, the Association of Independent California Colleges and Universities shall designate one representative to serve on the workgroup.

(5) On or before July 15, 2019, California School Information Services shall designate one representative to serve on the workgroup.

(6) Each of the entities listed in paragraphs (3) to (5), inclusive, shall also bring an appropriate data expert to consult with the workgroup.

(7) In meeting the requirements of paragraph (3), the Labor and Workforce Development Agency may designate its representative from an appropriate department overseen by the Labor and Workforce Development Agency, provided that it does not designate another representative from the Employment Development Department.

(8) In meeting the requirements of paragraph (3), the California Health and Human Services Agency may designate its representative from an appropriate department overseen by the California Health and Human Services Agency, provided that it does not designate another representative from the State Department of Social Services.

(b) Each entity with a representative serving on the workgroup pursuant to subdivision (a) other than the University of California shall, and the University of California is requested to, collaborate with its respective constituents and represent its field and stakeholders in performing workgroup functions. For purposes of this subdivision, constituents and stakeholders may include, but are not limited to, potential end users of the data system and individuals impacted by the programs or services about which data may be collected within the data system.

(c) Once established, the workgroup shall adopt, with the approval of the director, conflict-of-interest guidelines that prohibit a member from advocating for an expenditure or recommendation in which the member has a professional or economic interest.

(Added by Stats. 2019, Ch. 51, Sec. 14. (SB 75) Effective July 1, 2019.)

10855.
  

(a) The director shall lead the workgroup.

(b) The Office of Planning and Research shall contract with planning facilitators to perform all of the following duties:

(1) Provide facilitation and staff support to the workgroup.

(2) Conduct research and gather relevant information for consideration by the workgroup in fulfilling its responsibilities pursuant to paragraph (1) of subdivision (a) of Section 10853.

(3) Produce the reports required pursuant to Sections 10856 and 10857.

(4) Support the partner entities in advancing the purposes of this article, including, but not limited to, by assisting the partner entities to complete the activities specified in Section 10858.

(c) For purposes of subdivision (b), the Office of Planning and Research may enter into exclusive or nonexclusive contracts with planning facilitators on a bid or negotiated basis. A contract entered into or amended pursuant to subdivision (b) 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.

(d) Notwithstanding any other law, a planning facilitator may subcontract as necessary in the performance of its duties, subject to approval of the director.

(e) The Office of Planning and Research shall report to the Department of Finance and relevant subcommittees of the Legislature on awarded contracts described in this section within 30 days of awarding any contract. The report shall include information about funding amounts provided to contractors and subcontractors.

(f) (1) A planning facilitator that contracts with the Office of Planning and Research pursuant to subdivision (b) shall, in consultation with the director, convene one or more advisory groups to obtain additional input from potential end users of the data system and other interested stakeholders and to inform the planning facilitator’s work in fulfilling its responsibilities pursuant to subdivision (b).

(2) At a minimum, the advisory groups convened pursuant to paragraph (1) shall be comprised of representatives of students, parents, labor, business and industry, equity and social justice organizations, researchers, privacy experts, early education experts, school districts, charter schools, and county offices of education, as selected by the director within 60 days of contracting with the planning facilitator.

(3) In selecting the membership of the advisory groups, the director is encouraged to seek representation broadly reflective of the state’s population.

(4) The planning facilitator shall initially meet with the advisory groups within 30 days of the director selecting its membership, and then at least once every quarter, and, if approved by the director, within 15 days upon request of a majority of the advisory group.

(Amended by Stats. 2021, Ch. 144, Sec. 5. (AB 132) Effective July 27, 2021.)

10856.
  

(a) A planning facilitator that contracts with the Office of Planning and Research pursuant to subdivision (b) of Section 10855 shall report to the Department of Finance and the Legislature by July 1, 2020, on the proposed structure of the data system, including, but not limited to, the entity charged with managing the data system, the architecture of the data system, and the information that will be available on the data system.

(b) At a minimum, the workgroup shall examine how the data system could have the capacity to do both of the following:

(1) Disaggregate data by race, ethnicity, region, gender, military status, parents’ education, and age.

(2) Transfer high school pupil educational records to postsecondary educational institutions.

(c) At a minimum, the workgroup shall examine how the data system could inform policy relating to all of the following:

(1) The impact of early education on student success and achievement as a student progresses through education segments and the workforce.

(2) The long-term effect of state intervention programs and targeted resource allocations in primary education.

(3) How prepared high school pupils are to succeed in college.

(4) How long it takes students who transfer from community college to the University of California, the California State University, or another four-year postsecondary educational institution to graduate with a baccalaureate degree.

(5) College access, completion, and long-term effects of access to state financial aid.

(6) The workforce effect of graduation from high school, community college, and four-year postsecondary educational institutions.

(d) It is the intent of the Legislature that the workgroup review and build upon prior reports, including those produced pursuant to Senate Bill 1298 of the 2007–08 Regular Session (Chapter 561 of the Statutes of 2008), and review and build upon existing data systems and best practices, as appropriate and relevant.

(e) For purposes of this section, the workgroup shall not be required to reach a consensus as a condition of having a specified recommendation included in the report.

(f) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(Added by Stats. 2019, Ch. 51, Sec. 14. (SB 75) Effective July 1, 2019.)

10857.
  

(a) A planning facilitator that contracts with the Office of Planning and Research pursuant to subdivision (b) of Section 10855 shall report to the Department of Finance and the Legislature by January 1, 2021, its recommendations on all of the following:

(1) How access to data will be controlled and authorized.

(2) A means of developing common data definitions.

(3) Additional data elements necessary for partner entities to collect for future linkage to the data system.

(4) Any specific changes to state law that may be necessary for implementation.

(5) Plans for training and support of users.

(6) How users will be able to access the data system.

(7) How authorized users will enter and correct data.

(8) How to ensure data quality from each component of the education system and participating entities.

(9) How to address security and data privacy considerations, including compliance with existing state and federal data privacy and use laws, and standard elements that will be included in agreements necessary to share data among partner entities.

(10) How to connect data in a manner that limits the number of memoranda of understanding necessary and maximizes efficiencies.

(11) How to respond to requests from researchers to access data.

(12) How the data system should be expanded to incorporate childcare, early education, workforce, financial aid, and health and human services data.

(13) An implementation timeline, including key project milestones and sequencing for functionality expansions and enhancements.

(14) The estimated fiscal impact of developing the data system and the cost of recommended expansions and enhancements, including the ongoing management costs.

(15) A prioritization of key components needed to best enhance and expand the data system if available funding is insufficient to address all desirable elements.

(16) How to create a public-facing interface to share information with the public that can help inform decisions.

(17) How to identify and track students who do not have a preexisting statewide student identifier from the State Department of Education.

(b) (1) To the extent practicable, the workgroup shall prioritize the implementation of the data system in the following order:

(A) Phase 1: K–12 and higher education.

(B) Phase 2: Workforce.

(C) Phase 3: Early care and education.

(D) Phase 4: Health and human services, and other data connections.

(2) Paragraph (1) does not preclude the workgroup from recommending an alternative implementation order, provided there is sufficient justification included in the report.

(c) A planning facilitator that contracts with the Office of Planning and Research pursuant to subdivision (b) of Section 10855 shall report to the Department of Finance and the Legislature on its progress in preparing the recommendations described in subdivision (a) by October 1, 2020.

(d) For purposes of this section, the workgroup shall not be required to reach a consensus as a condition of having a specified recommendation included in the report.

(e) The reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(Added by Stats. 2019, Ch. 51, Sec. 14. (SB 75) Effective July 1, 2019.)

10858.
  

The partner entities shall, and the University of California is requested to, enter into memoranda of understanding or participation agreements for data sharing purposes, as necessary, for the implementation of this article.

(Amended by Stats. 2021, Ch. 144, Sec. 6. (AB 132) Effective July 27, 2021.)

10859.
  

The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund in the 2019–20 fiscal year to the Office of Planning and Research on a one-time basis, available for encumbrance and expenditure through the 2021–22 fiscal year, subject to all of the following:

(a) Two million dollars ($2,000,000) for the Office of Planning and Research to contract with planning facilitators pursuant to Section 10855.

(b) Two million dollars ($2,000,000) to be allocated as follows:

(1) Five hundred thousand dollars ($500,000) to be retained by the Office of Planning and Research to lead the workgroup established pursuant to Section 10853 and perform other administrative functions to implement this article.

(2) (A) One million three hundred thousand dollars ($1,300,000) for the Office of Planning and Research to allocate one hundred thousand dollars ($100,000) to each of the state entities identified in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 10854 for workgroup and planning activities.

(B) Upon order of the Director of Finance, the funds in subparagraph (A) shall be provided to the state entities identified in paragraphs (1) through (3), inclusive, of subdivision (a) of Section 10854.

(3) Two hundred thousand dollars ($200,000) for the Office of Planning and Research to provide one hundred thousand dollars ($100,000) to each of the entities identified in paragraphs (4) and (5) of subdivision (a) of Section 10854 for workgroup and planning activities.

(c) The remaining funds shall only be released to the Office of Planning and Research with the approval of an expenditure plan by the Department of Finance and notification to the Joint Legislative Budget Committee based upon reporting from the planning facilitators pursuant to Sections 10856 and 10857.

(Amended by Stats. 2021, Ch. 144, Sec. 7. (AB 132) Effective July 27, 2021.)


ARTICLE 2. California Cradle-to-Career Data System [10860 - 10874]
  ( Article 2 added by Stats. 2021, Ch. 144, Sec. 8. )

10860.
  

(a) There is hereby established in state government the California Cradle-to-Career Data System for the purpose of connecting individuals and organizations to trusted information and resources. The data system shall be considered a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and provide for expanded access to tools and services that support the navigation of the education-to-employment pipeline.

(b) (1) The data system shall be used to provide access to data and information necessary to provide insights into critical milestones in the education-to-employment pipeline, including insight regarding early learning and care to grade 12, inclusive, and into higher education, skills training opportunities, and employment to better enable individuals to maximize their educational and career opportunities, and to foster evidence-based decisionmaking to help the state build a more equitable future.

(2) The information contained in the data system shall be used to accomplish all of the following:

(A) Address disparities in opportunities and outcomes.

(B) Support student guidance.

(C) Foster continuous improvement.

(D) Address the needs of researchers.

(c) The data system shall do all of the following:

(1) Enable the linkage, management, and monitoring of information on student progress through education, workforce training, employment, health, and social services.

(2) Ensure that information contained, and available through, the data system is kept secure and that individual privacy is protected.

(3) Provide for access to actionable data on education, economic, and health outcomes for use by individuals, students, families, and communities to, among other things, illustrate inequities in opportunities and outcomes.

(4) Provide support for professional development opportunities to further policy making and to improve the functionality of the system by end users, including state agencies, schools, colleges and universities, social service providers, and students and families.

(5) Provide support for opportunities to enhance the state’s system of public education, educational programs, and educational services.

(6) Advance academic, nonprofit, and governmental research to enhance the development of policies focused on birth through career.

(7) Support the creation of user-facing tools and services, and access to information necessary to do all of the following:

(A) Provide tailored supports to students, educators, parents, and advisors, and better enable students to navigate the education-to-employment pipeline.

(B) Enable the streamlining and administration of college application processes and student financial aid programs.

(C) Allow researchers and policymakers to explore policy problems and solutions.

(d) At all times, the data system shall act in furtherance of the public good and shall be held accountable thereto.

(e) The planning of the data system shall be subject to the Project Approval Lifecycle of the Department of Technology, pursuant to Section 4819.35 of the State Administrative Manual and all other relevant sections. The development and implementation of the data system shall be subject to the reporting and oversight requirements of the Department of Technology, pursuant to Section 4819.36 of the State Administrative Manual and all other relevant sections. The planning, development, and implementation of any additions to, or revisions of, the data system shall also be subject to these requirements.

(f) At all times, the data system shall comply with federal and state laws to protect individual privacy, including, but not necessarily limited to, all of the following:

(1) The federal Family Education Rights and Privacy Act of 1974 (Public Law 93-280, as amended).

(2) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).

(3) The federal Higher Education Act of 1965 (Public Law 89-329, as amended).

(4) The federal Privacy Act of 1974 (Public Law 93-579, as amended).

(g) Any data managed under this article that meets the definition of personal information, as defined in Section 1798.3 of the Civil Code, shall not be used or disclosed except for purposes consistent with this article. Whether or not it is protected under applicable federal or state law, personal information managed under this article shall be deidentified before being released to the public.

(Amended by Stats. 2021, Ch. 262, Sec. 1. (SB 169) Effective September 23, 2021.)

10861.
  

For purposes of this article, the following definitions apply:

(a) “Advisory boards” means the advisory boards established pursuant to Section 10865.

(b) “A–G coursework” means the 15-unit pattern of courses across seven subject areas that pupils must complete during high school to meet minimum eligibility requirements for admission to the California State University or the University of California.

(c) “Analytical tools” means the resources that provide for access to information for research and evaluation purposes such as dashboards, a query builder, summaries of key student and employment outcomes, and a research library, including, but not limited to, the P20W data set.

(d) “California College Guidance Initiative” (CCGI) means the public-nonprofit partnership of Student Friendly Services, established pursuant to Item 6100-172-0001 of the annual Budget Act, authorized by Section 60900.5, and administered by the Foundation for California Community Colleges established pursuant to Section 72670.5, or a successor agent.

(e) “Data providers” means entities that submit the individual, educational, academic, training, employment, social service, health, and other information used to create the data system.

(f) “Data requests in the public interest” means those requests that enable parents, educators, health and human services providers, researchers, and policymakers to provide appropriate interventions and supports to address disparities in opportunities and improve outcomes for all students.

(g) “Data system” means the Cradle-to-Career Data System established pursuant to this chapter.

(h) “eTranscript California” means an electronic transcript service administered by the California Community Colleges, or a successor agent.

(i) “Governing board” means the governing board established pursuant to Section 10864 that is subject to Sections 10865 and 10866.

(j) “Managing entity” means the office created in Section 10862 that is responsible for Section 10867.

(k) “Operational tools” means the publicly supported educator-, student-, and parent-facing tools that use student-specific data to support college planning and education transitions, including, but not limited to, the CCGI and eTranscript California. All tools under this definition shall comply with the student privacy provisions of Section 49073.1. Pursuant to subdivision (d) of Section 10870, a local educational agency shall not be required to enter into a contract with a provider of publicly supported “operational tools” as defined in this subdivision.

(l) “Participation agreement” means the legal framework used by the state to establish the conditions under which data may be shared and used, and may include the use of a master data exchange agreement or other agreements between partner entities, data providers, and the managing entity.

(m) “P20W data set” means the data set adopted by the governing board and requested from the data providers, including, but not limited to, the approximately 160 data points described in the report to the Department of Finance and the Legislature required by subdivision (a) of Section 10856 and as adjusted by the governing board. The governing board may add or remove requested data points based on changes in the usage of the element. As required by 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 the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), data providers shall retain sole control over their source data and may reject, add, or remove data elements contributed to the P20W data set, as reflected in its participation agreement with the managing entity.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10862.
  

(a) The Office of Cradle-to-Career Data is hereby created within the Government Operations Agency.

(b) The office shall also be known as the “managing entity,” and shall serve as a neutral administrative body, consistent with the purpose and intent of this chapter, to do all of the following:

(1) Initiate the data system during the startup process.

(2) Ensure wide, appropriate, and legal use of the data system as a one-stop shop for cradle-to-career data to support policy researchers. In order to ensure individual privacy, and in accordance with federal law, control of the data available through the data system shall be retained by the data providers who contributed the data through their participation agreement, and disclosed to and by the managing entity only to the extent permitted by federal law.

(3) Scale operational tools to better serve educators, students, and families.

(4) Implement communications, professional development, and technical assistance that supports data system use.

(c) (1) The managing entity shall operate until July 1, 2026, or a later date, as approved by the governing board, contingent on a review of the appropriateness and efficacy of the Government Operations Agency continuing to house the managing entity after July 1, 2026.

(2) A recommendation to move the managing entity under the administration of another state department or agency shall be submitted by the governing board to the Legislature and the Governor through the governing board’s annual budget submission.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10863.
  

In fulfilling their roles, all governing board members, advisory board members, and managing entity employees shall do all of the following:

(a) Prioritize the needs of students and families.

(b) Comply with federal and state laws to protect individual privacy, including, but not necessarily limited to, all of the following:

(1) The federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-280, as amended).

(2) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).

(3) The federal Higher Education Act of 1965 (Public Law 89-329, as amended).

(c) Any data collected pursuant to this article shall be treated as personal information, as defined in Section 1798.3 of the Civil Code, and shall be deidentified unless otherwise specified in this article.

(d) Consider and respond to stakeholder input.

(e) Promote and foster an environment and culture of collaboration and cooperation.

(f) Promote a culture of data-informed decisionmaking by consulting with data experts and intended data users, including members of the public, when developing data use priorities.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10864.
  

(a) The data system shall be governed by a governing board composed of the following 21 members:

(1) The Superintendent of Public Instruction or the Superintendent’s designee.

(2) The Chancellor of the California Community Colleges or the chancellor’s designee.

(3) The Chancellor of the California State University or the chancellor’s designee.

(4) The President of the University of California or the president’s designee.

(5) The President of the Association of Independent California Colleges and Universities or the president’s designee.

(6) The Chief of the Bureau for Private Postsecondary Education or the chief’s designee.

(7) The Executive Director of the Student Aid Commission or the executive director’s designee.

(8) The Executive Director of the Commission on Teacher Credentialing or the executive director’s designee.

(9) The Secretary of California Health and Human Services or the secretary’s designee.

(10) The Secretary of Labor and Workforce Development or the secretary’s designee.

(11) Four public members, to be appointed by the Governor, as follows:

(A) Two elementary and secondary education practitioners to serve as a representative of elementary and secondary educators, counselors, and administrators.

(B) Two members of the public who meet the requirements of paragraph (1) of subdivision (c).

(12) Four members of the public, to be appointed by the Legislature, as follows:

(A) Two members of the public to be appointed by the Speaker of the Assembly.

(B) Two members of the public to be appointed by the President Pro Tempore of the Senate.

(13) One Senator appointed by the President Pro Tempore of the Senate, or the Senator’s designee.

(14) One Assembly Member appointed by the Speaker of the Assembly or the Assembly Member’s designee.

(15) The Chief Operations Officer of California School Information Services.

(b) A designee serving at the pleasure of a governing board described in paragraphs (1) to (10), inclusive, of subdivision (a) shall be qualified and authorized to make decisions on behalf of the appointed member.

(c) All of the following shall apply to the public member appointments made pursuant to paragraphs (11) and (12) of subdivision (a):

(1) It is the intent of the Legislature that, in appointing members, the appointing authority shall make every effort to ensure the membership of the governing board is reflective of the cultural, racial, geographical, economic, and social diversity of California, taking into consideration factors including, but not limited to, diversity in data user experience, diversity in expertise with educational data, diversity in professional experience, and representation from different geographical and socioeconomic backgrounds.

(2) The public members shall represent the public beneficiaries of the data system, including, but not limited to, practitioners, families, students, adult learners and workers, community organizations, research organizations, or advocates.

(3) A public member shall serve a term of no more than three years, and shall not serve more than two consecutive terms or more than six years.

(4) The public members shall have staggered terms.

(5) For the first appointment of public members to the governing board only, to create staggered terms, the terms of those members shall be as follows:

(A) The terms of the public members appointed pursuant to subparagraph (A) of paragraph (11) of subdivision (a) shall be for three years.

(B) The terms of the public members appointed pursuant to subparagraph (B) of paragraph (11) of subdivision (a) shall be for one year.

(C) The terms of the public members appointed pursuant to paragraph (12) of subdivision (a) shall be for two years.

(d) Notwithstanding subdivisions (b) and (c), the governing board may expand membership on the governing board to include new data contributors and ex officio governing board members.

(e) Notwithstanding the governing board representatives designated in paragraphs (5), (11), and (12) of subdivision (a), all other institutions represented on the governing board shall be data providers.

(f) The governing board shall be 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).

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10865.
  

(a) The governing board shall provide the governance structure for the data system by developing and revising, from time to time, a self-governance process to ensure that the governing board, among other actions, does all of the following:

(1) Convenes on a regular basis, but no less than quarterly.

(2) Selects a chairperson.

(3) Develops conflict of interest policies in accordance with applicable statutes.

(4) Allows governing board members to receive per diem and reimbursement of travel expenses.

(5) Adopts a vote threshold for decision-making that requires two-thirds of the voting membership to concur in the decision.

(6) Ensures multiagency cooperation.

(7) Develops policies and practices to expand the governing board to include new data providers and ex officio members.

(b) (1) There are hereby established two advisory boards to provide input and feedback to the governing board on topics as follows:

(A) The Data and Tools Advisory Board, with responsibility for examining whether the data system is providing actionable information and identifying ways to improve access to that information.

(B) The Community Engagement Advisory Board, with responsibility for examining whether the managing entity is creating strong feedback loops with data users, supporting evidence-based decision-making and analytical capacity, and ensuring equitable access to actionable information.

(2) Members of each of the advisory boards shall be appointed by the governing board, and shall serve three-year terms, with the initial appointment term staggered such that one-third of the positions expire each year.

(c) The governing board may establish and disband additional ad hoc committees, as it sees fit and as is appropriate to further the intent of this chapter.

(d) All advisory boards established by this section shall be 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).

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10866.
  

(a) The governing board shall appoint an executive officer to oversee the managing entity. The executive officer shall be exempt from civil service consistent with subdivision (e) of Section 4 of Article VII of the California Constitution, including setting the terms of employment, and annual compensation shall be commensurate with other like positions in state government. The executive officer shall employ such other employees as they deem necessary for the effective conduct of the work of the managing entity.

(b) The governing board shall be responsible for, in consultation with the advisory boards, the strategic direction and implementation of the data system, including, but not limited to, all of the following:

(1) Adopting a timeline for phasing in the data system, including a timeline for the development of analytical tools, operational tools, and offering professional development and technical assistance.

(2) Ensuring that the data system is serving its intended purposes by submitting recommendations to the Governor and the Legislature to adjust the data system’s vision, mission, and strategic objectives, particularly recommendations related to improving educational outcomes and reducing opportunity gaps.

(3) Adopting and adjusting as necessary a data dictionary, data standards, and security protocols to ensure interoperability between the data system, the source data, and other state data systems using the same source data.

(4) Expanding the collected data set, beyond the P20W data set, by doing both of the following:

(A) Approving additional data providers.

(B) Requesting additional data points from data providers, in the context of data quality, legal concerns, costs, and preserving the neutrality of the data system. The governing board shall not require a data provider to collect data that the data provider is not legally allowed, under other applicable laws, to collect.

(5) Creating new analytical and operational tools that would help the public interact with the data.

(6) Creating, and revising from time to time, in consultation with the advisory boards, a data request process for use by researchers, policymakers, education systems, schoolsites, and college campuses for information that is all of the following:

(A) In compliance with federal and state laws to protect individual privacy.

(B) Not otherwise available via the public query tools maintained by the managing entity.

(C) Allows for expedited access to summary data that has been properly deidentified.

(D) Allows for data providers to approve data requests in the public interest, as defined pursuant to Section 10861.

(c) (1) The governing board shall be responsible for adopting best practice policies related to privacy and security, including creating policies, in accordance with federal and state law, governing the collection and use of personally identifiable information from data providers, which may include the creation of an “opt out” policy for students and families.

(2) This section does not hinder the use of personally identifiable information for educator- and student-facing college guidance and planning tools, defined as operational tools in Section 10851.

(d) The governing board shall provide oversight of the data system and operational direction to the managing entity to ensure the data system is serving its intended purpose. This may include, but is not limited to, all of the following activities:

(1) Adopting an annual strategic plan and reviewing and revising that plan as needed.

(2) Approving budget requests for inclusion in the governing board’s annual budget request.

(3) Ensuring continued use of a user-centered design approach by the managing entity.

(4) Reviewing and approving all of the following:

(A) End user professional development, and technical assistance and communications plans, as developed by the managing entity.

(B) An operational tools implementation plan, as developed by the managing entity.

(C) Recommendations for topics to be included in reports to provide a neutral summary of information available in the data system.

(D) Significant content changes to the analytical tools, such as dashboard visualizations and query builder data points.

(5) Conducting data quality audits.

(6) Providing for other audits and evaluations.

(7) Adopting rules and exercising authority to promulgate regulations, including emergency regulations.

(8) Any other activities necessary to further the intent of this chapter.

(9) Providing regular reports to the Legislature and Governor related to the implementation of this chapter. The reports to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

(e) The governing board may create any other policies and procedures necessary to further the intent of this chapter.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10867.
  

(a) The managing entity shall implement and manage the data system based on the direction set by the governing board.

(b) The managing entity shall be responsible for all of the following:

(1) Supporting the governing board, advisory boards, and data providers, including, but not limited to, all of the following:

(A) Staffing the governing board, advisory boards, and associated meetings and processes.

(B) Supporting the development and updating of the governance manual.

(C) Onboarding new data providers, in partnership with the governing board chairperson.

(D) Supporting the development of regulations and policies required to implement this chapter.

(E) Providing analysis and recommendations, as necessary and appropriate, regarding all of the following:

(i) Data points.

(ii) Analytical and operational tools.

(iii) Professional development, technical assistance, and communication plans.

(F) Escalating issues regarding compliance, technical infrastructure, and data system implementation to the governing board, as appropriate and necessary for the furtherance of this chapter.

(2) Managing administrative functions of the data system, including, but not limited to, all of the following:

(A) Developing annual work plans, budget requests, and operational budgets.

(B) Overseeing personnel and compensation, except for the appointment and compensation of the executive officer pursuant to Section 10866.

(C) Ensuring regular reporting and external evaluations of the efficacy of the data system in fulfilling its purpose.

(D) Entering into contracts and agreements, as needed to further this chapter.

(3) Managing the technical infrastructure for analytical tools, including, but not limited to, doing all of the following:

(A) Creating, procuring, managing, securing, and maintaining the infrastructure necessary to compile, match, store, access, and visualize information from data providers.

(B) Creating data sets tailored to processes approved by the governing board.

(C) Ensuring both of the following:

(i) The availability, reliability, and performance of the technical infrastructure.

(ii) Data privacy and security in accordance with state and federal law.

(4) Implementing public educator- and researcher-facing tools and supporting their use by, including, but not limited to, doing all of the following:

(A) Leading user-centered design and testing processes.

(B) Providing information to the public using, among other tools, dashboards, query builders, and research libraries.

(C) Providing information and resources that do both of the following:

(i) Fosters evidence-based decisionmaking, strengthens analytical capacity to use available data tools, and enables users to understand structural factors that influence outcomes.

(ii) Takes into account the needs of various users.

(D) Engaging users by providing an ongoing channel for public input about the data system.

(E) Providing neutral written summaries of information available through the data system related to the public good and fostering equitable opportunities and outcomes.

(F) Monitoring and taking into account best practices related to longitudinal data systems, including participating in intrastate, interstate, and national data collection and policy efforts.

(5) Scaling, expanding, operating, and maintaining operational tools, including, but not limited to, by doing all of the following:

(A) Conducting an annual student experience audit related to navigating the transition from secondary education to higher education.

(B) Addressing the requirements of paragraph (2) of subdivision (c) of Section 69432.9 relating to submitting pupil grade point averages for the purpose of evaluating eligibility for state and federal student financial aid.

(C) Entering into a memorandum of understanding with the CCGI to deliver college planning and transition tools, which may include integrating college admissions and student financial aid applications and other integrations that streamline processes for students.

(D) Entering into a memorandum of understanding with eTranscript California to deliver electronic transcripts and verification of eligibility for social services.

(E) Within five years of the operative date of the act that adds this section, assessing the feasibility of subsuming the operation of operational tools that are currently administered by other agencies, and reporting findings to the governing board, the Legislature, and the Governor. The report to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

(6) Providing training and technical assistance, including, but not limited to, all of the following:

(A) Developing and curating all necessary technical documentation and resources to facilitate data submission.

(B) Ensuring that all data-enabled tools are used by the intended audiences.

(C) Promoting and training related to data literacy for use of the analytical tools.

(7) Supporting data requests, among other activities, including, but not limited to, all of the following:

(A) Determining if the content and the purpose of the request is sufficiently clear.

(B) Aligning the request with available data and tools and advising the requestor of other similar analyses that have been conducted using the data system.

(C) Advising the requestor on how best to access the information.

(D) Determining and advising the requestor as to whether there are any legal impediments to the request, and supporting the requestor to identify legally appropriate options.

(E) Coordinating the execution of legal agreements with data providers.

(F) Contracting with the Committee for the Protection of Human Subjects for the California Health and Human Services Agency to serve as the institutional review board regarding the use of personally identifiable information.

(G) Facilitating the timely resolution of concerns and the provision of data.

(H) Ensuring that the data request process is accessible and transparent. This includes making the criteria for requests, the status for requests, and written responses to any requests that have been denied, publicly available and posted in a prominent location on the data system’s internet website.

(8) Improving data quality by, among other activities, including, but not limited to, doing all of the following:

(A) Coordinating issues related to data points and definitions to ensure the quality and reliability of source data provided by the data providers.

(B) Consulting with the Chief Data Officer and data providers to identify standards that would improve the ability to share data across systems.

(C) Regularly reviewing the efficacy and usability of tools, reports, and the user interface.

(D) Working with the advisory boards established pursuant to subdivision (b) of Section 10865 to identify data points with data quality questions.

(9) Ensuring routine and ongoing compliance with all applicable federal, state, and data provider specific laws and regulations.

(10) Seeking opportunities to increase government efficiency that may include identifying duplications of effort across state agencies and public education systems, and identifying opportunities for clearer or more consistent messaging to students and families related to education pathways and transitions.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10868.
  

In furtherance of Section 10867, the managing entity may exercise all powers reasonably necessary to carry out and comply with the duties, requirements, and responsibilities of this chapter, including, but not limited to, both of the following:

(a) Notwithstanding any other law, extending, expanding, or otherwise applying an alternative to existing state procurements for goods and services to further the intent of this chapter.

(b) Contracting with national data service providers on behalf of data providers and the entities managing operational tools in order to provide for economies of scale and streamline processes for students.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10869.
  

Notwithstanding Section 11010 of the Government Code, and the State Administrative Manual, the governing board and the managing entity may implement a data request fee policy to compensate for excessive use of the data system, to recover costs that would otherwise typically be borne by the requesting data researcher, or both. A data request fee policy implemented pursuant to this section shall be reviewed and approved by the governing board, revised periodically, and made publicly available and posted in a prominent location on the data system’s internet website.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10870.
  

(a) This section is intended to reduce redundancy, improve efficiency and transparency, and provide students, parents, and counselors with an easy to use, and simple to understand, one-stop automated process to provide all of the following:

(1) Clear, concise, and consistent messaging and tools to increase and monitor student readiness for college admission and attendance.

(2) A single point of entry to submit California college and university applications and applications for student financial aid, including the Free Application for Student Financial Aid and the California Dream Act Application.

(3) Other technological efficiencies that shift the burden away from students and families and to the institutions serving them.

(b) Operational tools, as defined by Section 10861, shall be provided by the data system for use by both of the following:

(1) Public schools offering any of grades 6 to 12, inclusive, to facilitate college readiness and transition.

(2) Institutions of higher education in the state, to facilitate streamlined application, admissions, assessments, and placements.

(c) The requirements of subdivision (a) shall be phased in within five years of the enactment of Article 1 (commencing with Section 10850), based on a timeline to be developed by the governing board pursuant to subdivision (d) of Section 10866.

(d) Notwithstanding Section 49073.1, a local educational agency shall not be required to issue a formal contract with a provider of operational tools, as defined in Section 10861.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10871.
  

(a) (1) Data providers, as defined in Section 10861, shall contribute to the data system, at least annually, the data points contained in the P20W data set that each data provider agrees to contribute under the terms of its participation agreement with the managing entity.

(2) Source data shall be consistent with data definitions and standards adopted by the governing board. Data providers shall make every effort to ensure source data is of the highest quality before submitting the data to the managing entity for inclusion in the data system.

(b) The managing entity shall work with data providers to ensure data quality, in furtherance of paragraph (8) of subdivision (b) of Section 10867.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10872.
  

Notwithstanding any other law, records or source data contained in the data system shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10873.
  

(a) (1) The managing entity shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors, volunteers, and vendors whose duties include or would include access to nonanonymized confidential information, personally identifiable information, personal health information, or financial information contained in the information systems and devices of the managing entity provided by the data providers for the purposes of creating longitudinal datasets in service of the data system. This information shall be submitted for purposes of obtaining information as to the existence and content of a record of state or federal convictions and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their recognizance pending trial or appeal.

(2) The managing entity shall require a services contract, interagency agreement, or public entity agreement that includes or would include access to information described in paragraph (1), and entered into, renewed, or amended on or after July 1, 2021, to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in paragraph (1) as part of their services contract, interagency agreement, or public entity agreement with the managing entity.

(b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to paragraph (1) of subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the managing entity.

(c) The Department of Justice shall provide a state or federal level response to the managing entity pursuant to subdivision (p) of Section 11105 of the Penal Code.

(d) The managing entity shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in paragraph (1) of subdivision (a).

(e) The Department of Justice shall charge a fee sufficient to cover the cost of processing requests pursuant to this section.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

10874.
  

Of the funds appropriated pursuant to Schedule (3) of Item 0511-001-0001 of the Budget Act of 2021, upon the order of the Director of Finance, two million four hundred fifty-two thousand dollars ($2,452,000) shall be transferred as follows:

(a) One million seven hundred two thousand dollars ($1,702,000) to the State Department of Education.

(b) One hundred fifty thousand dollars ($150,000) to the California Community Colleges.

(c) One hundred fifty thousand dollars ($150,000) to the California State University.

(d) One hundred fifty thousand dollars ($150,000) to the University of California.

(e) One hundred fifty thousand dollars ($150,000) to the Student Aid Commission.

(f) One hundred fifty thousand dollars ($150,000) to the Employment Development Department.

(Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.)

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