BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session ACR 120 (Mark Stone) Version: April 7, 2016 Hearing Date: June 14, 2016 Fiscal: No Urgency: No NR SUBJECT Data trusts: at-risk children DESCRIPTION This measure would recognize that the Legislature supports the development of safe and secure data sharing between public education, social service, and research entities through the Silicon Valley Regional Data Trust as it pertains specifically to at-risk, foster, homeless, and justice-involved children and youth and their families, in order to better serve, protect, and improve the futures of these Californians. BACKGROUND Despite California's commitment to provide high-quality public education for all students, students in California's public schools generally fail to meet proficiency standards. In 2015, the results of a new test on student performance revealed that: Of more than 3.1 million public school students tested in English statewide, only 44 percent met or exceeded standards; in math, only 33 percent met that threshold, according to the state Department of Education, which released the new scores. Scores at Bay Area schools generally mirrored the statewide results, as performance correlated with family and community wealth, language ability and ethnicity. [?] "The alarm bells should be going off all over," said Matt Hammer, who leads a nonprofit education advocacy and school incubation group, Innovate Public Schools, in San Jose. ACR 120 (Mark Stone) Page 2 of ? "What's going to happen to children who aren't doing math at grade level?" Among these students is another group that consistently underperforms: children in foster care. Yet, until recently, education reform efforts to address the specific needs of these children have been rare. In large part, this is due to the fact that California (like many other states) has little statewide information about the education and performance of youth who are in the foster system. Challenges related to the availability and sharing of information between the education and child welfare system are common, resulting in the needs of these students often going unrecognized and unmet, leaving them far behind their classmates in academic achievement. (See Barrat, V. X., & Berliner, B. (2013). The Invisible Achievement Gap, Part 1: Education Outcomes of Students in Foster Care in California's Public Schools. San Francisco: WestEd.) Established in June of 2015, the Silicon Valley Regional Data Trust (SVRDT) is a tri-county collaborative of the Santa Clara, San Mateo and Santa Cruz County Offices of Education, Social Services, Justice, Mental and Public Health agencies and the University of California-Santa Cruz. SVRDT was designed to coordinate regional working groups charged with developing standards to use when sharing data to better serve at-risk youth. As part of its first year work plan, SVRDT engaged consultants to guide various working groups, assist in the development of the information sharing, and work with regional agencies to develop and gain approval of interagency data sharing and other legal agreements. In addition, SVRDT has recently formalized a Memorandum of Understanding with the Santa Clara Office of Education, which will establish the data warehouse that will store data from the partnering public agencies. This resolution would publicly recognize that the Legislature supports the development of safe and secure data sharing between public education, social service, and research entities through the SVRDT to better serve at-risk youth and their families. CHANGES TO EXISTING LAW Existing law provides that, among other rights, all people have an inalienable right to pursue and obtain privacy. (Cal. Const., art. I, Sec. 1.) ACR 120 (Mark Stone) Page 3 of ? Existing case law permits a person to bring an action in tort for an invasion of privacy and provides that in order to state a claim for violation of the constitutional right to privacy, a plaintiff must establish the following three elements: (1) a legally protected privacy interest; (2) a reasonable expectation of privacy in the circumstances; and (3) conduct by the defendant that constitutes a serious invasion of privacy. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1.) Existing law recognizes four types of activities considered to be an invasion of privacy, giving rise to civil liability including the public disclosure of private facts. (Id.) Existing federal law requires an operator of an Internet Web site or online service directed to a child, as defined, or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator's further collection of information from the child. (15 U.S.C. Sec. 6502.) Existing federal law , the Federal Educational Rights and Privacy Act, restricts a school that receives federal funds from releasing educational records (or personally identifiable information contained therein) of students without the written consent of their parents, as specified. Existing law also gives the parents of students who are or have been in attendance at a school the right to inspect and review the education records of their children. (20 U.S.C. Sec. 1232g.) Existing law prohibits an operator from knowingly engaging in targeted advertising to students or their parents or legal guardians using covered information, as defined, amassing a profile of a K-12 student, selling a student's information, or disclosing covered information, as provided. (Bus. & Prof. Code Secs. 22584 and 22585.) Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its Web site to conspicuously post its privacy policy. (Bus. & Prof. Code Sec. 22575.) ACR 120 (Mark Stone) Page 4 of ? This measure would state that children in California would benefit from a reliable and secure data sharing environment that would assist social service providers and public education institutions in best responding to the personal circumstances and needs of students and families and would allow researchers using aggregate data to better support these efforts. This measure would state that the mission of the Silicon Valley Regional Data Trust (SVRDT) is to serve as a pilot demonstration site for addressing the needs of diverse communities using a comprehensive data-informed approach that provides quality services and promotes a healthy, safe, and prosperous community while safeguarding sensitive personal data. This measure would recognize that improved collaborations between agencies can help address the complex challenges of serving vulnerable California children and their families. This measure would recognize that the County of Santa Clara is currently participating in the FosterVision Project with the Santa Clara County Office of Education to share data about youth between schools and the county in the interest of improving services to foster and juvenile-justice-involved youth with appropriate protections to safeguard sensitive data. This measure would state that the establishment of information sharing agreements through a tri-county regional data trust utilizing the Santa Clara County Office of Education Data Zone as the hub in partnership with the University of California, Santa Cruz, will help ensure that data systems are interoperable within and across agencies and sectors by adopting common data standards, definitions, and language to best serve the children in those counties. This measure would recognize that, in order to safeguard the privacy of California children and families, it is essential that the data trust strictly adhere to existing state and federal law requiring the protection of personal information and data pertaining to students and at-risk youth and follow data security industry best practices in the interest of protecting California's most vulnerable youth while allowing appropriate data access and sharing. This measure would declare that the Legislature supports the development of safe and secure data sharing between public ACR 120 (Mark Stone) Page 5 of ? education, social service, and research entities through the SVRDT as it pertains specifically to at-risk, foster, homeless, and justice-involved children and youth and their families, in order to better serve, protect, and improve the futures of these Californians. COMMENT 1.Stated need for the bill According to the author: California has a variety of high-needs students enrolled in public school, including foster youth and justice-involved youth, who have consistently poorer educational, social, and correctional outcomes than their peers. Additionally, California schools have an achievement gap between some categories of students that, in spite of much study, have remained persistent and at times has even widened. However, the state does not consistently track or measure how many high-needs students in certain categories attend public schools, what their needs are, where they are enrolled, how well they fare academically, or what they do when they leave the educational system. As California looks for ways to help students who are more likely than their peers to experience negative outcomes, the state should test new approaches to appropriately share information between social service providers, educational service providers and research institutions in order to help individual students receive tailored services, as well as to provide critical aggregate data to researchers. 2.Maintaining student privacy The right to privacy is a fundamental right protected by Section 1 of Article I of the Constitution of California, and the information of students is specifically protected under both state and federal law. Federal law prohibits public schools from releasing educational records without the written consent of the parents, and requires the operator of an online service or Internet Web site to provide notice to parents regarding how any information collected about a child is being used and additionally give the parents the opportunity to prohibit further collection of the information. (See 15 U.S.C. Sec. 6502 and 20 U.S.C. Sec. 1232g.) California has additionally created ACR 120 (Mark Stone) Page 6 of ? prohibitions against online operators amassing a profile of a K-12 student, selling a student's information, or disclosing covered information. (See Bus. & Prof. Code Secs. 22584 and 22585.) This measure would declare the Legislature's support for the development of safe and secure data sharing between public education, social service, and research entities through the Silicon Valley Regional Data Trust (SVRDT) to better serve, protect, and improve the futures of at-risk, foster, homeless, and justice-involved children and youth and their families. Staff notes that at this time, SVRDT is in the planning stages, and has not yet begun sharing student information, nor does the pilot project that SVRDT seeks to implement have a known start date. To date, SVRDT has spent considerable time and energy identifying national experts to secure data sharing agreement and design secure data infrastructures. Until evidence suggests otherwise, existing privacy protections that have been enacted on the state and federal level will govern the information that SVRDT seeks to share and store as well. In support, the sponsor writes, "SVRDT's mission is to provide a secure information-sharing environment, which stimulates change in the culture and practice of how data is used by education, health, and human services, in collaboration with researchers and the private sector to develop actionable and impactful solutions to critical educational and social problems." Support : Santa Clara County Board of Supervisors Opposition : None Known HISTORY Source : Silicon Valley Regional Data Trust Related Pending Legislation : None Known Prior Legislation : None Known Prior Vote : Assembly Privacy and Consumer Protection Committee (Ayes 9, Noes 0) ************** ACR 120 (Mark Stone) Page 7 of ?