BILL NUMBER: SBX5 2 AMENDED
BILL TEXT
AMENDED IN SENATE OCTOBER 28, 2009
INTRODUCED BY Senator Simitian
AUGUST 27, 2009
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. An act to
amend Section 1798.24 of the Civil Code, and to amend
Section 49076 of, and to add Section 49079.5 to, the Education Code,
relating to pupil data.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, Simitian. Education data.
Pupil data.
(1) Federal law requires schools and educational agencies
receiving federal financial assistance to comply with specified
provisions regarding the release of pupil data. State law prescribes
additional rules relating to the authorized release of pupil data.
Under existing law, the State Department of Education is required
to contract for the development of proposals to provide for the
retention and analysis of longitudinal pupil achievement data on the
tests administered pursuant to the Standardized Testing and Reporting
Program (STAR), the English language development tests, and the high
school exit examination. This longitudinal achievement data is known
as the California Longitudinal Pupil Achievement Data System
(CALPADS). Under existing law, the CALPADS is required to be used to
accomplish specified goals, including providing school districts and
the department access to the data necessary to comply with federal
reporting requirements, as specified, providing a better means of
evaluating educational progress and investments over time, providing
local educational agencies information that can be used to improve
pupil achievement, and providing an efficient, flexible, and secure
means of maintaining longitudinal statewide pupil data.
This bill would authorize the department, to the extent
permissible under the federal Family Educational Rights and Privacy
Act (FERPA) and specified state law, and commencing July 1, 2010, to
conduct pupil data management on behalf of local educational
agencies. The bill would state the intent of the Legislature to
accomplish specified objectives related to these provisions,
including, but not limited to, complying with the United States
Constitution and all applicable federal laws, including FERPA and its
implementing regulations, the California Constitution, and all
applicable state laws and their implementing regulations, in order to
protect pupil rights and privacy. The bill would authorize local
educational agencies to access specified data via the CALPADS, and,
to the extent permissible under federal and state law, to share
specified data via CALPADS. The bill would require the department to
establish, no earlier than July 1, 2010, an education data team to
act as an institutional review board to review and respond to all
requests for pupil data, as specified. The bill would require the
department, to the extent feasible, to redirect department personnel
for the purposes of the education data team rather than establishing
new positions. The bill would make the department responsible for
data management decisions for data under its jurisdiction and make
the department and a local educational agency jointly liable for any
data management decisions in which the department and the local
educational agency participate jointly, as specified. The department
would be required to adopt regulations for the education data team by
July 1, 2010. The department would, with certain exceptions, be
authorized to assess a fee on research applicants to cover prescribed
costs. The bill would require the department to perform the duties
specified in these provisions with its existing resources.
(2) Existing law prohibits a state agency from disclosing any
personal information in a manner that would link the information
disclosed to the individual to whom it pertains. Existing law
provides exceptions to this prohibition, including authorizing a
state agency to release personally identifiable data to a nonprofit
educational institution conducting scientific research, provided the
request for information is approved by the Committee for the
Protection of Human Subjects (CPHS) for the California Health and
Human Services Agency. Existing law authorizes the CPHS to enter into
written agreements to enable other institutional review boards to
provide the required data security approvals.
This bill would delete the authorization to release data to a
nonprofit educational institution conducting scientific research and,
instead, authorize data to be released to a nonprofit entity
conducting scientific research. The bill would require the CPHS to
enter into a written agreement with the institutional review board to
provide the required data security approvals for the release of data
to researchers, as specified.
(3) The bill would state the intent of the Legislature to create a
Preschool through Higher Education (P-20) statewide longitudinal
educational data system in order to inform education policy and
improve instruction, and to use this P-20 system for state-level
research to improve instruction. The bill would additionally state
the Legislature's intent to require the State Department of
Education, the Commission on Teacher Credentialing, the California
Community Colleges, the University of California, the California
State University, and any other state education agency to be required
to disclose, or redisclose, personally identifiable pupil records to
this P-20 system, as permissible under state and federal law.
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1798.24 of the Civil
Code is amended to read:
1798.24. No agency may disclose any personal information in a
manner that would link the information disclosed to the individual to
whom it pertains unless the information is disclosed, as follows:
(a) To the individual to whom the information pertains.
(b) With the prior written voluntary consent of the individual to
whom the record pertains, but only if that consent has been obtained
not more than 30 days before the disclosure, or in the time limit
agreed to by the individual in the written consent.
(c) To the duly appointed guardian or conservator of the
individual or a person representing the individual if it can be
proven with reasonable certainty through the possession of agency
forms, documents or correspondence that this person is the authorized
representative of the individual to whom the information pertains.
(d) To those officers, employees, attorneys, agents, or volunteers
of the agency that has custody of the information if the disclosure
is relevant and necessary in the ordinary course of the performance
of their official duties and is related to the purpose for which the
information was acquired.
(e) To a person, or to another agency where the transfer is
necessary for the transferee agency to perform its constitutional or
statutory duties, and the use is compatible with a purpose for which
the information was collected and the use or transfer is accounted
for in accordance with Section 1798.25. With respect to information
transferred from a law enforcement or regulatory agency, or
information transferred to another law enforcement or regulatory
agency, a use is compatible if the use of the information requested
is needed in an investigation of unlawful activity under the
jurisdiction of the requesting agency or for licensing,
certification, or regulatory purposes by that agency.
(f) To a governmental entity when required by state or federal
law.
(g) Pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(h) To a person who has provided the agency with advance, adequate
written assurance that the information will be used solely for
statistical research or reporting purposes, but only if the
information to be disclosed is in a form that will not identify any
individual.
(i) Pursuant to a determination by the agency that maintains
information that compelling circumstances exist that affect the
health or safety of an individual, if upon the disclosure
notification is transmitted to the individual to whom the information
pertains at his or her last known address. Disclosure shall not be
made if it is in conflict with other state or federal laws.
(j) To the State Archives as a record that has sufficient
historical or other value to warrant its continued preservation by
the California state government, or for evaluation by the Director of
General Services or his or her designee to determine whether the
record has further administrative, legal, or fiscal value.
(k) To any person pursuant to a subpoena, court order, or other
compulsory legal process if, before the disclosure, the agency
reasonably attempts to notify the individual to whom the record
pertains, and if the notification is not prohibited by law.
( l ) To any person pursuant to a search warrant.
(m) Pursuant to Article 3 (commencing with Section 1800) of
Chapter 1 of Division 2 of the Vehicle Code.
(n) For the sole purpose of verifying and paying government health
care service claims made pursuant to Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code.
(o) To a law enforcement or regulatory agency when required for an
investigation of unlawful activity or for licensing, certification,
or regulatory purposes, unless the disclosure is otherwise prohibited
by law.
(p) To another person or governmental organization to the extent
necessary to obtain information from the person or governmental
organization as necessary for an investigation by the agency of a
failure to comply with a specific state law that the agency is
responsible for enforcing.
(q) To an adopted person and is limited to general background
information pertaining to the adopted person's natural parents,
provided that the information does not include or reveal the identity
of the natural parents.
(r) To a child or a grandchild of an adopted person and disclosure
is limited to medically necessary information pertaining to the
adopted person's natural parents. However, the information, or the
process for obtaining the information, shall not include or reveal
the identity of the natural parents. The State Department of Social
Services shall adopt regulations governing the release of information
pursuant to this subdivision by July 1, 1985. The regulations shall
require licensed adoption agencies to provide the same services
provided by the department as established by this subdivision.
(s) To a committee of the Legislature or to a Member of the
Legislature, or his or her staff when authorized in writing by the
member, where the member has permission to obtain the information
from the individual to whom it pertains or where the member provides
reasonable assurance that he or she is acting on behalf of the
individual.
(t) (1) To the University of California or a nonprofit
educational institution entity conducting
scientific research, provided the request for information is approved
by the Committee for the Protection of Human Subjects (CPHS) for the
California Health and Human Services Agency (CHHSA) or an
institutional review board, as authorized in paragraphs (4) and (5)
of this subdivision . The CPHS approval
required under this subdivision shall include a review and
determination that all the following criteria have been satisfied:
(A) The researcher has provided a plan sufficient to protect
personal information from improper use and disclosures, including
sufficient administrative, physical, and technical safeguards to
protect personal information from reasonable anticipated threats to
the security or confidentiality of the information.
(B) The researcher has provided a sufficient plan to destroy or
return all personal information as soon as it is no longer needed for
the research project, unless the researcher has demonstrated an
ongoing need for the personal information for the research project
and has provided a long-term plan sufficient to protect the
confidentiality of that information.
(C) The researcher has provided sufficient written assurances that
the personal information will not be reused or disclosed to any
other person or entity, or used in any manner, not approved in the
research protocol, except as required by law or for authorized
oversight of the research project.
(2) The CPHS or institutional review board shall, at a
minimum, accomplish all of the following as part of its review and
approval of the research project for the purpose of protecting
personal information held in agency databases:
(A) Determine whether the requested personal information is needed
to conduct the research.
(B) Permit access to personal information only if it is needed for
the research project.
(C) Permit access only to the minimum necessary personal
information needed for the research project.
(D) Require the assignment of unique subject codes that are not
derived from personal information in lieu of social security numbers
if the research can still be conducted without social security
numbers.
(E) If feasible, and if cost, time, and technical expertise
permit, require the agency to conduct a portion of the data
processing for the researcher to minimize the release of personal
information.
(3) Reasonable costs to the agency associated with the agency's
process of protecting personal information under the conditions of
CPHS approval may be billed to the researcher, including, but not
limited to, the agency's costs for conducting a portion of the data
processing for the researcher, removing personal information,
encrypting or otherwise securing personal information, or assigning
subject codes.
(4) The CPHS may enter into written agreements to enable other
institutional review boards to provide the data security approvals
required by this subdivision, provided the data security requirements
set forth in this subdivision are satisfied.
(5) Pursuant to paragraph (4), the CPHS shall enter into a written
agreement with the institutional review board established pursuant
to Section 49079.5 of the Education Code. The agreement shall
authorize, commencing July 1, 2010, or the date upon which the
written agreement is executed, whichever is later, that board to
provide the data security approvals required by this subdivision,
provided the data security requirements set forth in this subdivision
and the act specified in paragraph (1) of subdivision (a) of Section
49079.5 are satisfied.
(u) To an insurer if authorized by Chapter 5 (commencing with
Section 10900) of Division 4 of the Vehicle Code.
(v) Pursuant to Section 280, 282, 8009, or 18396 of the Financial
Code.
This article shall not be construed to require the disclosure of
personal information to the individual to whom the information
pertains when that information may otherwise be withheld as set forth
in Section 1798.40.
SEC. 2. Section 49076 of the Education
Code is amended to read:
49076. A school district is not authorized to permit access to
pupil records to any person without written parental consent or under
judicial order except that:
(a) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
(1) School officials and employees of the district, members of a
school attendance review board appointed pursuant to Section 48321,
and any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to pupils
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
(2) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided or where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
(3) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and administrative head of
an education agency, state education officials, or their respective
designees, or the United States Office of Civil Rights, where the
information is necessary to audit or evaluate a state or federally
supported education program or pursuant to a federal or state law,
provided that except when collection of personally identifiable
information is specifically authorized by federal law, any data
collected by those officials shall be protected in a manner which
will not permit the personal identification of pupils or their
parents by other than those officials, and any personally
identifiable data shall be destroyed when no longer needed for the
audit, evaluation, and enforcement of federal legal requirements.
(4) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted prior to November 19, 1974.
(5) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of the Internal Revenue Code of 1954.
(6) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
(7) Any district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
(8) A prosecuting agency for consideration against a parent or
guardian for failure to comply with the Compulsory Education Law
(Chapter 2 (commencing with Section 48200) of Part 27) or with
Compulsory Continuation Education (Chapter 3 (commencing with Section
48400) of Part 27).
(9) Any probation officer or district attorney for the purposes of
conducting a criminal investigation or an investigation in regards
to declaring a person a ward of the court or involving a violation of
a condition of probation.
(10) Any judge or probation officer for the purpose of conducting
a truancy mediation program for a pupil, or for purposes of
presenting evidence in a truancy petition pursuant to Section 681 of
the Welfare and Institutions Code. The judge or probation officer
shall certify in writing to the school district that the information
will be used only for truancy purposes. A school district releasing
pupil information to a judge or probation officer pursuant to this
paragraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
(11) Any county placing agency for the purpose of fulfilling the
requirements of the health and education summary required pursuant to
Section 16010 of the Welfare and Institutions Code or for the
purpose of fulfilling educational case management responsibilities
required by the juvenile court or by law and to assist with the
school transfer or enrollment of a pupil. School districts, county
offices of education, and county placing agencies may develop
cooperative agreements to facilitate confidential access to and
exchange of the pupil information by electronic mail, facsimile,
electronic format, or other secure means.
(b) School districts may release information from pupil records to
the following:
(1) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a pupil or other persons.
(2) Agencies or organizations in connection with the application
of a pupil for, or receipt of, financial aid. However, information
permitting the personal identification of a pupil or his or her
parents may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to
determine the amount of the financial aid, to determine the
conditions which will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
(3) The county elections official, for the purpose of identifying
pupils eligible to register to vote, and for conducting programs to
offer pupils an opportunity to register to vote. The information,
however, shall not be used for any other purpose or given or
transferred to any other person or agency.
(4) Accrediting associations in order to carry out their
accrediting functions.
(5) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
pupils or their parents by persons other than representatives of the
organizations and the information will be destroyed when no longer
needed for the purpose for which it is obtained.
(6) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068. This information
shall be in addition to the pupil's permanent record transferred
pursuant to Section 49068.
A person, persons, agency, or organization permitted access to
pupil records pursuant to this section may not permit access to any
information obtained from those records by any other person, persons,
agency, or organization , except for allowable exceptions
contained within the Family Educational Rights and Privacy Act of
2001 (20 U.S.C. Sec. 1232g) and state law, without the written
consent of the pupil's parent. However, this paragraph does not
require prior parental consent when information obtained pursuant to
this section is shared with other persons within the educational
institution, agency, or organization obtaining access, so long as
those persons have a legitimate interest in the information.
(c) Notwithstanding any other provision of law, any school
district, including any county office of education or superintendent
of schools, may participate in an interagency data information system
that permits access to a computerized database system within and
between governmental agencies or districts as to information or
records which are nonprivileged, and where release is authorized as
to the requesting agency under state or federal law or regulation, if
each of the following requirements are met:
(1) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
(2) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
(3) Each school district shall comply with the access log
requirements of Section 49064.
(4) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
(5) An agency or school district may not make public or otherwise
release information on an individual contained in the database where
the information is protected from disclosure or release as to the
requesting agency by state or federal law or regulation.
SEC. 3. Section 49079.5 is added to the
Education Code , to read:
49079.5. (a) The Legislature recognizes that a longitudinal pupil
data system provides direct and tangible benefits to pupils,
educators, policymakers, and the public. The Legislature intends to
make statewide longitudinal education data accessible to, and used to
inform and engage, authorized stakeholders in an effort to support
the continuous improvement of instruction, operations, management,
and resource allocation, and in a manner that complies with all state
and federal privacy laws. The Legislature intends to make statewide
longitudinal education data available and accessible to researchers
so they may evaluate the effectiveness of instructional materials,
strategies, and approaches for educating different types of students
in a manner that complies with state and federal privacy laws,
including, but not limited to, the Family Educational Rights and
Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA). It is the intent
of the Legislature, in enacting this section, to accomplish all of
the following:
(1) Comply with the United States Constitution and all applicable
federal laws, including FERPA and its implementing regulations (34
C.F.R. 99).
(2) Comply with the California Constitution and all applicable
state laws and their implementing regulations, including, but not
limited to, Section 1798.24 of the Civil Code.
(3) Further an environment in which the department and the
California Longitudinal Pupil Achievement Data System (CALPADS) serve
as resources for local educational agencies.
(4) Promote a culture of continuous improvement through
collaboration and informed decisionmaking at the classroom, school,
district, state, and policymaker level.
(5) Minimize the anticipated workload increase on the department
that may be generated by an increased number of data requests as
CALPADS becomes operational, by establishing clear guidance on data
access and an efficient process for responding to requests for
access.
(6) Pursuant to FERPA and as defined in Section 1798.24 of the
Civil Code, make pupil data available to qualified researchers from
nonprofit organizations while appropriately protecting the privacy of
individual pupils.
(b) Commencing on July 1, 2010, and to the extent permissible
under FERPA and its implementing regulations and Section 1798.24 of
the Civil Code, the department may act on behalf of local educational
agencies under FERPA, including providing access to and protecting
the security of pupil data.
(c) Commencing on July 1, 2010, and to the extent permissible
under FERPA and its implementing regulations, the department, on
behalf of local educational agencies, may release pupil data to
qualified researchers from nonprofit entities, pursuant to
subdivision (t) of Section 1798.24 of the Civil Code.
(d) No earlier than July 1, 2010, the department shall establish
an education data team within its staff to act as an institutional
review board, whose composition and policies and procedures will be
in compliance with Part 46 of Title 45 of the Code of Federal
Regulations, pursuant to subdivision (t) of Section 1798.24 of the
Civil Code, and to review and respond to all requests for pupil data.
The department, to the extent feasible, shall redirect department
personnel for the purposes of the education data team rather than
establish new positions.
(1) Pursuant to subdivision (t) of Section 1798.24 of the Civil
Code, the education data team shall enter into a signed agreement
with the Committee for the Protection of Human Subjects for the
California Health and Human Services Agency to enable the education
data team to provide the data security approvals required by Section
1798.24. The agreement shall authorize the education data team to
release individually identifiable data to qualified researchers and
other state and local agencies, as defined and permitted under
federal and state law.
(2) The department shall commence preparations for the creation of
the education data team upon enactment of the measure that adds this
section.
(3) By July 1, 2010, the department shall adopt regulations for
the education data team that shall include, but not be limited to,
all of the following:
(A) Processes for all of the following:
(i) Application for access to data.
(ii) Response to applications for access to data, including
timelines.
(iii) Appeal of denials for access to data.
(iv) Recording disclosure or redisclosure of personally
identifiable information, pursuant to FERPA.
(B) Criteria to be used for approving the release of data,
including, but not limited to, all of the following:
(i) The release of data to researchers from nonprofit
organizations, pursuant to FERPA and subdivision (t) of Section
1798.24 of the Civil Code, that are conducting research for the
purpose of improving instruction to pupils.
(ii) Limitations on data released, including, but not limited to,
releasing to researchers only data necessary to meet research
objectives.
(iii) The release of data from the department to another state
educational agency with valid legal authority to conduct audit,
evaluation, compliance, or enforcement analysis of educational
materials, programs, outcomes, or activities, pursuant to FERPA and
state law.
(C) (i) Any reasonable fees or charges that may be imposed upon
research applicants to cover costs of responding to time-intensive
requests.
(ii) Fees or charges imposed upon an applicant pursuant to this
subparagraph shall not exceed the actual costs incurred by the
department in responding to the applicant's request.
(iii) Fees or charges shall not be imposed pursuant to this
subparagraph upon any state agency, except for fees or charges
related to the release of data for research purposes to the
University of California, the California State University, or the
Chancellor of the California Community Colleges.
(D) Rules for data recipients regarding data control and
destruction of data after use, to guard against any misuse of data,
including third-party transfer.
(E) A written agreement that conforms to state and federal privacy
and disclosure laws and regulations, and existing laws regarding
data control and security, that must be signed by any organization
receiving data to conduct a study.
(e) A local educational agency may access data via CALPADS
concerning pupils enrolled within the local educational agency or
transferring to the local educational agency from another local
educational agency.
(f) In order to promote a culture of collaboration and data
analysis and to increase the identification and sharing of effective
practices, local educational agencies may share data with each other
via CALPADS to the extent permissible under federal and state law.
(g) The department is responsible for data management decisions
for the data under its jurisdiction. The department, rather than a
local educational agency, shall be liable for its decisions relating
to the management of data under its control according to applicable
provisions of law. If the department and a local educational agency
participate jointly in the management of data, both the department
and the local educational agency shall be liable to the extent of
their respective involvement according to applicable provisions of
law. This subdivision does not limit the liability of a researcher
who obtains data pursuant to this section and who releases that data
in violation of either FERPA or its implementing regulations, or
subdivision (t) of Section
1798.24 of the Civil Code.
(h) The department shall perform the duties specified in this
section with its existing resources.
SEC. 4. Consistent with the federal American
Recovery and Reinvestment Act (Public Law 111-5), and as set forth in
Chapter 561 of the Statutes of 2008, the Legislature declares its
intent to create a Preschool through Higher Education (P-20)
statewide longitudinal educational data system in order to inform
education policy and improve instruction. The Legislature intends for
this P-20 system to be used for state-level research to improve
instruction and, as such, intends to require the State Department of
Education, the Commission on Teacher Credentialing, the California
Community Colleges, the University of California, the California
State University, and any other state education agency to be required
to disclose, or redisclose, personally identifiable pupil records to
this P-20 system, as permissible under federal and state law.
All matter omitted in this version of the bill appears in the bill as
introduced in the Senate, August 27, 2009 (JR11)