BILL NUMBER: SB 1614 CHAPTERED
BILL TEXT
CHAPTER 840
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006
APPROVED BY GOVERNOR SEPTEMBER 30, 2006
PASSED THE SENATE AUGUST 30, 2006
PASSED THE ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY JUNE 29, 2006
AMENDED IN SENATE MAY 3, 2006
AMENDED IN SENATE APRIL 17, 2006
INTRODUCED BY Senator Simitian
FEBRUARY 24, 2006
An act to amend Sections 10600, 10601, and 60900 of, and to add
Sections 10601.5 and 44230.5 to, the Education Code, relating to
teachers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1614, Simitian Teachers: information system: identification
number.
(1) Existing law recognizes the development by the State
Department of Education of the California Education Information
System (CEIS) for the purpose of establishing and maintaining a
basic, integrated, statewide information system for education.
This bill would require the department, in collaboration with the
Commission on Teacher Credentialing, to contract for the development
of a teacher data system to be known as the California Longitudinal
Teacher Integrated Data System. The bill would declare that the CEIS
includes the new teacher data system and the California Longitudinal
Pupil Achievement Data System, as specified. The bill would provide
that the purpose of the teacher data system is to 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 that workforce. The bill would prohibit the system from
being used for purposes of employment decisions of individual
teachers and from including certain personal information of
individual teachers, as specified. The bill would require the
Superintendent of Public Instruction to convene a working group,
including, but 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, to provide advice and guidance
on the development of the teacher data system.
(2) Existing law requires the commission to maintain for public
record certain specified information regarding the credentials,
certificates, permits, or other documents that it issues and
authorizes the commission to disclose that information. Existing law,
notwithstanding any other provision of law, prohibits the disclosure
by the commission of information other than the information
maintained for public record absent an order from a court of
competent jurisdiction.
This bill would require the commission to establish a
nonpersonally identifiable teacher identification number for each
teacher to whom it issues a credential, certificate, permit, or other
document authorizing that individual to teach in the public schools.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10600 of the Education Code is amended to read:
10600. (a) It is the intent of the Legislature in enacting this
chapter to make complete, current, and reliable information relating
to education available to the Legislature and to all public
educational agencies in California at maximum efficiency and economy
through statewide compatibility in the development and application of
information systems and electronic data processing techniques
insofar as they relate to data required in reports to the department.
(b) It is the further intent of the Legislature to recognize the
importance, and enhance the stature, of the education profession
throughout the state.
(c) The Legislature finds and declares all of the following:
(1) According to recent studies, there is a shortage of qualified
teachers, particularly in the areas of special education, English
language acquisition and development, math, and science, throughout
California.
(2) In order for California to remain competitive in the global
economy, the Legislature recognizes the necessity of continuing to
support the recruitment of individuals to the teaching profession and
effective teacher preparation and professional development programs.
The Legislature also recognizes the importance of quality
instruction to the academic achievement of pupils and of providing
each pupil in the public schools with instruction by a highly
qualified teacher.
(3) State and local policymakers, local educational agencies,
teachers, parents, and pupils all need reliable information regarding
participation in the teacher workforce, teacher movement between
schools and school districts, the departure of teachers from the
workforce before retirement, the appropriateness of teacher
assignments, and the effectiveness of teacher credentialing,
preparation, induction, recruitment, and support, and would benefit
from the availability of more extensive information regarding the
teaching profession.
(4) Data regarding the teacher workforce is currently collected
and maintained by numerous state and local educational agencies. In
order for the Legislature to fulfill its intent in enacting this
chapter, it is necessary to integrate the data collected by those
existing data systems to provide an understanding of the teacher
workforce in the state and the effectiveness of teacher preparation
programs. For purposes of integrating data regarding the teacher
workforce in the state, Item 6110-001-0890 of Section 2.00 of the
Budget Act of 2005 (Chapter 38 of the Statutes of 2005) appropriated
funds for the department to contract for a teacher data system
feasibility study to determine the feasibility of converting existing
data systems into an integrated, comprehensive, longitudinally
linked teacher information system that can yield high-quality program
evaluations.
(d) It is the intent of the Legislature that the vital goals
described in this section be accomplished through the establishment
of a comprehensive state education data information system in the
department that includes information regarding the teacher workforce.
SEC. 2. 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 all 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 et seq.) and any federal regulations adopted
pursuant thereto.
(d) The department shall adopt regulations to implement this
section.
SEC. 3. Section 10601.5 is added to the Education Code, 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 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 system shall be developed and implemented in accordance
with all state rules and regulations governing information
technology projects.
(b) The 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, 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) Data in the system may not be used, either solely or in
conjunction with data from the California Longitudinal Pupil
Achievement Data System, for purposes of pay, promotion, sanction, or
personnel evaluation of an individual teacher or groups of teachers,
or of any other employment decisions related to individual teachers.
The system may not include the names, social security numbers, home
addresses, telephone numbers, or e-mail addresses of individual
teachers.
(d) 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.
(e) 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 on 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.
(f) 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.
(g) The 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.
(h) 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.
(i) The operation of the system is contingent upon the
appropriation of funds for purposes of this section in the annual
Budget Act or other legislation.
SEC. 4. Section 44230.5 is added to the Education Code, to read:
44230.5. The commission shall establish a nonpersonally
identifiable teacher identification number for each teacher to whom
it issues a credential, certificate, permit, or other document
authorizing that individual to teach in the public schools.
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 California Longitudinal Pupil
Achievement Data 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
federal 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 test, high school
exit examination, and English language development test.
(2) Pupil achievement data from assessments administered pursuant
to the STAR, 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 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 of
Public Instruction, with approval of the state board, to comply with
the federal reporting requirements delineated in the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), after review
and comment by the advisory board convened pursuant to subdivision
(h).
(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 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 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 statute (20 U.S.C. Secs. 1232g and
1232h) 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 of Public Instruction, 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 (b) 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 federal 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.