BILL NUMBER: SB 19 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 27, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Simitian
(Principal coauthor: Senator Romero)
(Coauthors: Senators Alquist and Wyland)
DECEMBER 1, 2008
An act to amend Section 10804 of the Education Code,
relating to An act to amend Sections 10601.5, 10802,
10804, and 60900 of the Education Code, and to add Section 1095.2 to
the Unemployment Insurance Code, relating to education data.
LEGISLATIVE COUNSEL'S DIGEST
SB 19, as amended, Simitian. Education data.
(1) Existing law establishes the California Education Information
System, which consists of the California Longitudinal Pupil
Achievement Data System (CALPADS) and the California Longitudinal
Teacher Integrated Data Education System (CALTIDES). Existing law
prohibits data in CALTIDES from being used either solely or in
conjunction with data from CALPADS for purposes of pay, promotion,
sanction, or personnel evaluation of an individual teacher or groups
of teachers, or any other employment decisions related to individual
teachers.
This bill would delete this prohibition and instead would
authorize data in CALTIDES to be used for purposes of teacher
evaluations. The bill would require the Employment Development
Department to make specified wage record system information available
to the Commission on Teacher Credentialing for the purposes of
CALTIDES, as provided.
(2) Existing law requires the State Chief Information Officer to
convene a working group representing specified entities to create a
strategic plan to link education data systems and to accomplish
specified objectives relating to the accessibility of education data.
The State Chief Information Officer is required to deliver this
strategic plan to the Legislature and the Governor no later than
September 1, 2009.
This bill would require interagency agreements relating to
education data to be included in the plan, and would change the date
the plan is required to be delivered to the Legislature and the
Governor to January 15, 2010. The bill additionally would authorize
these provisions to be implemented using federal grant funds received
pursuant to the American Recovery and Reinvestment Act of 2009
through that act's provision of funds for statewide data systems
under the federal Education Technical Assistance Act.
(3) Existing law requires the State Department of Education under
CALPADS to contract for the development of proposals that will
provide for the retention and analysis of longitudinal pupil
achievement data. Existing law requires local educational agencies to
retain individual pupil records for each test taker, including other
data elements deemed necessary by the Superintendent, with approval
of the State Board of Education, to comply with federal reporting
requirements delineated in the federal No Child Left Behind Act of
2001.
This bill would require local educational agencies to also retain
other data elements deemed necessary by the Superintendent, with the
approval of the state board, to comply with the federal American
Recovery and Reinvestment Act of 2009.
Existing law requires the State Chief Information Officer to
convene a working group representing specified entities to create a
strategic plan to link education data systems and to accomplish
specified objectives relating to the accessibility of education data.
The State Chief Information Officer is required to deliver this
strategic plan to the Legislature and the Governor no later than
September 1, 2009.
This bill would authorize these provisions to be implemented using
federal grant funds received pursuant to the American Recovery and
Reinvestment Act of 2009 through that act's provision of funds for
statewide data systems under the federal Education Technical
Assistance Act.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10601.5 of the
Education Code is amended to read:
10601.5. (a) The department, in collaboration with the Commission
on Teacher Credentialing, shall contract for the development of a
teacher data system to be known as the California Longitudinal
Teacher Integrated Data Education System that is based on the results
of the teacher data system feasibility study conducted pursuant to
Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter
38 of the Statutes of 2005). The purpose of the 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 and induction, and to help improve professional
development programs. Additionally, it shall promote the efficient
monitoring of teacher assignments as required by state and federal
law.
(c) Data in the system shall 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 shall not include the names, social security
numbers, home addresses, telephone numbers, or e-mail addresses of
individual teachers.
(d) Data in the California Education Information System, either
solely or in conjunction with data from the California Longitudinal
Pupil Achievement Data System, may be used for purposes of teacher
evaluation.
(d)
(e) The system shall be used to accomplish all of the
following goals:
(1) Provide a means to evaluate all of the following:
(A) The effectiveness of teacher preparation programs, including,
but not limited to, traditional fifth-year programs, university
internship programs, and district-sponsored internship programs.
(B) Teacher workforce issues, including mobility, retention, and
attrition.
(2) Streamline and improve the effectiveness and timeliness of
assignment monitoring as required by the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and by state law.
(3) Enable local educational agencies to monitor teacher
assignments on demand.
(e)
(f) For purposes of implementing this chapter,
including the legislative intent expressed in subdivision (b) of
Section 10600, the system shall include all of the following
information:
(1) Age profiles of teachers in the workforce.
(2) Projections of the number of retirees in the education system
over the next 10 years throughout the state.
(3) Identification of subject matter fields that have the severest
shortage of teachers.
(4) Geographic distribution of teachers by credential type.
(5) Present patterns of in-service education for teachers.
(f)
(g) The Commission on Teacher Credentialing and
accredited teacher preparation programs shall participate in the
system by providing available data regarding enrollment in credential
programs, credentials issued in each specialization, and
certificated persons in each specialty who are not employed in
education, and by collaborating with the department in the design and
preparation of periodic reports of teacher supply and demand in each
specialty and in each geographic region of the state.
(g)
(h) 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)
(i) The Superintendent shall convene a working group to
provide advice and guidance on the development and implementation of
the system. The group shall include, but is not limited to,
representatives from the Commission on Teacher Credentialing, the
Department of Finance, the Secretary for Education, the Legislative
Analyst's Office, the Employment Development Department, and
representatives of local educational agencies, postsecondary
educational institutions, researchers, teachers, administrators, and
parents.
(i)
(j) 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. 2. Section 10802 of the Education
Code is amended to read:
10802. (a) The department
shall establish a process by which local educational agencies issue,
maintain, and report information using the unique statewide pupil
identifiers specified in paragraph (3) of subdivision (e) of Section
60900 for state and federally funded center-based child care and
development programs under their purview. The
Except to the extent required by federal law, or as needed to ensure
compliance with federal law, the department shall not require
these center-based child care and development programs to implement
or maintain unique pupil identifiers specified in paragraph (3) of
subdivision (e) of Section 60900 until an appropriation for this
purpose is provided in the annual Budget Act or another statute.
SECTION 1. SEC. 3. Section 10804 of
the Education Code is amended to read:
10804. (a) The State Chief Information Officer appointed pursuant
to Section 11545 of the Government Code shall convene a working
group representing, at a minimum, the state board, the
Superintendent, the Chancellor of the California Community Colleges,
the University of California, the California State University, and
any other governmental entities that collect, report, or use
individual pupil education data that would become part of the
comprehensive education data system. The State Chief Information
Officer shall form an advisory committee to the working group that
includes school and district administrators, teachers and faculty,
education program providers, policymakers, researchers, parents, and
pupils.
(b) The working group convened pursuant to this section shall
create a strategic plan to link education data systems from all
segments and to accomplish all of the following:
(1) Provide an overall structural design for the linked education
data systems.
(2) Examine current state education data systems.
(3) Examine the protocols and procedures to be used by state
agencies in data processing, including, but not limited to,
collecting, storing, manipulating, sharing, retrieving, and releasing
data so as to enable each state agency to accurately and efficiently
collect and share data with the other state agencies while complying
with all applicable state and federal privacy laws.
(4) Identify specific procedures and policies that would be
necessary to ensure the privacy of pupil record information so as to
meet both federal requirements and the higher expectations of privacy
held by the state.
(5) Include interagency agreements to facilitate the transfer of
data from one segment to another and ultimately to include linkages
to workforce data.
(c) The strategic plan shall be delivered by the State Chief
Information Officer to the Legislature and the Governor on or before
September 1, 2009 January 1, 2010 .
(d) This section may be implemented using federal grant funds
received pursuant to the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) through that act's provision of funds for
statewide data systems under the federal Education Technical
Assistance Act (20 U.S.C. Sec. 9601 et seq.).
SEC. 4. Section 60900 of the Education
Code is amended to read:
60900. (a) The department shall contract for the development of
proposals which will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information that can be
used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
(1) All demographic data collected from the STAR Program test,
high school exit examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the STAR Program, high school exit examination, and English
language development testing programs. To the extent feasible, data
should include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR Program tests, high school exit
examination, and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with approval of the state board, to comply with the federal
reporting requirements delineated in the No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.), and the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5), after review
and comment by the advisory board convened pursuant to subdivision
(h). Other data elements include, but are not necessarily
limited to, all of the following:
(A) The ability to match teachers to their pupils with the intent
to correlate pupil achievement and performance with teacher
preparation programs.
(B) The ability to include evaluation data for teachers and
principals.
(C) Pupils' scores on tests measuring whether pupils are prepared
for a postsecondary educational institution, including, but not
limited to, the California State University Early Assessment Program
Test.
(D) Data on the level of pupils' success in a postsecondary
educational institution, including whether pupils are enrolled in
remedial courses.
(E) Data on whether pupils are prepared to succeed in a
postsecondary educational institution.
(F) The ability to share data from data systems at all levels,
from preschool through postsecondary education, inclusive.
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
STAR Program tests, high school exit examination, and English
language development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the STAR
Program tests, high school exit examination, and English language
development test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Education Rights and Privacy Act (20 U.S.C. Sec. 1232g), Section
1242h of Title 20 of the United States Code, and related federal
regulations.
(h) The department shall convene an advisory board consisting of
representatives from the state board, the Secretary for Education,
the Department of Finance, the State Privacy Ombudsman, the
Legislative Analyst's Office, representatives of parent groups,
school districts, and local educational agencies, and education
researchers to establish privacy and access protocols, provide
general guidance, and make recommendations relative to data elements.
The department is encouraged to seek representation broadly
reflective of the general public of California.
(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
(j) This section shall be implemented using federal funds received
pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.), which are appropriated for purposes of this section in
Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002
(Chapter 379 of the Statutes of 2002). The release of these funds is
contingent on approval of an expenditure plan by the Department of
Finance.
(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, or charter
school.
SEC. 5. Section 1095.2 is added to the
Unemployment Insurance Code , to read:
1095.2. Wage record system information contained in the records
of the department, which is necessary for purposes of implementing
the California Longitudinal Teacher Integrated Data Education System
pursuant to Section 10601.5 of the Education Code, shall be made
available to the Commission on Teacher Credentialing.