BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | ACR 120|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: ACR 120
Author: Mark Stone (D), et al.
Amended: 4/7/16 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 6/14/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
ASSEMBLY FLOOR: Read and adopted, 4/7/16
SUBJECT: Data trusts: at-risk children
SOURCE: Silicon Valley Regional Data Trust
DIGEST: This resolution recognizes 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.
ANALYSIS:
Existing law:
1)Provides that, among other rights, all people have an
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inalienable right to pursue and obtain privacy. (Cal. Const.,
art. I, Sec. 1.)
2)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.)
3)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.)
4)Provides that 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.)
5)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.)
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6)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.)
This resolution:
1)States 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.
2)States 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.
3)Recognizes that improved collaborations between agencies can
help address the complex challenges of serving vulnerable
California children and their families.
4)Recognizes 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.
5)States 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
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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.
6)Recognizes 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.
7)Declares that the Legislature supports the development of safe
and secure data sharing between public 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.
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. [?]
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"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.
"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 publicly recognizes that the Legislature
supports the development of safe and secure data sharing between
public education, social service, and research entities through
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the SVRDT to better serve at-risk youth and their families.
FISCAL EFFECT: Appropriation: No Fiscal Com.:
NoLocal: No
SUPPORT: (Verified6/14/16)
Silicon Valley Regional Data Trust (source)
Santa Clara County Board of Supervisors
OPPOSITION: (Verified6/14/16)
None received
ARGUMENTS IN SUPPORT: The Silicon Valley Regional Data
Trust, 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."
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
7/29/16 12:37:21
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