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.  








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            "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.)







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           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.)








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           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  







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          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  







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          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)

                                   **************







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