BILL ANALYSIS                                                                                                                                                                                                    �






                           SENATE COMMITTEE ON EDUCATION
                               Alan Lowenthal, Chair
                             2011-2012 Regular Session
                                         

          BILL NO:       SB 885 
          AUTHOR:        Simitian
          AMENDED:       March 24, 2011
          FISCAL COMM:   Yes            HEARING DATE:  April 27, 2011
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Longitudinal Education Data System
          
           SUMMARY  

          This bill authorizes the California Department of Education 
          (CDE), the University of California (UC), the California State 
          University (CSU), the Chancellor of the California Community 
          Colleges (CCC), the Commission on Teacher Credentialing (CTC), 
          the California Postsecondary Education Commission (CPEC), the 
          State Board of Education (SBE), the Employment Development 
          Department (EDD) and the California School Information 
          Services (CSIS) to enter into a joint powers agreement to 
          facilitate the implementation of a comprehensive longitudinal 
          P-20 statewide data system for California, as well as the 
          transfer of educational and workforce data.

           BACKGROUND  

          Current law establishes the Education Data and Information Act 
          of 2008 which, among other things, requires each of the three 
          public higher education systems to establish a process by 
          which colleges and universities within those systems issue, 
          maintain, and report information using unique statewide 
          student identifiers. The Act requires the various education 
          segments to begin using a common student identifier, so that 
          once a governance structure and technical architecture are in 
          place, records can be linked from pre-K through the 
          university. Each of the public segments of higher education 
          are required to annually provide the Governor and the 
          appropriate policy and fiscal committees of the Legislature 
          with a report that includes a detailed timeline for the 
          implementation, maintenance, and use of the unique Statewide 
          Student Identifiers. The Act also authorizes the CDE, UC, CSU, 
          Chancellor of the CCC, CTC, EDD and CSIS to enter into 
          interagency agreements to facilitate the implementation of a 




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          comprehensive longitudinal P-20 statewide data system for 
          California, the transfer of data from one educational segment 
          to another, and the transfer of workforce data to the 
          educational segments. (Education Code 10800-10807).

           ANALYSIS
           
           This bill  :

          1)   Deletes the authority of the California Department of 
               Education, the UC, the CSU, the Chancellor of the CCC, 
               the CTC, EDD and CSIS to enter into interagency 
               agreements for specified purposes.
          2)   Authorizes these entities, as well as the CPEC and the 
               SBE, to enter into a joint powers agreement in order to 
               facilitate:

                    a)             Implementation of a comprehensive 
                    longitudinal P-20 statewide data system for 
                    California.

               b)        Transfer of data from one educational segment 
               to another.

               c)        Transfer of workforce data to the educational 
               segments. 

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, on-going 
               California efforts. existing California law, as well as 
               assurances provided to secure funding from the American 
               Recovery and Reinvestment Act all support the need to 
               link K-12 and higher education records.  This bill is an 
               effort to facilitate the implementation of a 
               comprehensive longitudinal P-20 statewide data system for 
               California. This is necessary because much of the current 
               student data is collected and stored in many separate 
               data systems. While useful for the specific segments, 
               there is a need to bring this information together in a 
               manner that allows tracking of student achievement across 
               the P-20 continuum. There is also a critical need to 
               provide the educational data necessary to comply with 
               federal funding and reporting requirements and to 
               evaluate programs in order to spend limited education 
               dollars wisely.




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          2)   Working group activity  . SB 1298 (Simitian, Chapter 561, 
               Statutes of 2008) established the Education Data and 
               Information Act of 2008 and, among other things, created 
               two working groups, one to focus on the technical 
               capacity to link education data systems from various 
               agencies, and another to make recommendations on the 
               governance of P-20 education data.  The State Chief 
               Information Officer (CIO) convened a working group to 
               develop the strategic plan to link education data systems 
               from all segments and reported on those efforts in March 
               2010.  The Legislative Analyst convened a working group 
               to explore governance issues, and in December 2009, 
               issued its recommendations for the governance of 
               cross-segment education data.  Among its recommendations, 
               the LAO suggested that managing a cross-segmental data 
               warehouse could be accomplished through the use of a 
               joint powers authority.  The provisions of this bill are 
               consistent with those recommendations. 
                
          3)   Status  ? Each of the segments has complied with the 
               statutory requirement that they prepare annual reports 
               outlining their progress in implementing maintaining and 
               using unique student identifiers. In 2011, the systems 
               report that principals from the CDE, CCC, CSU, UC, and 
               CPEC have met to discuss their ability to build a 
               statewide database through a joint powers agreement. In 
               addition, CPEC has been piloting ways to merge CDE and 
               postsecondary data and EDD and the CSU have also 
               undertaken related pilot studies. The CSU reports that 
               the principals are close to concluding a joint 
               interagency agreement, vetted by counterpart General 
               Counsel, for each to submit data, to match, and to merge 
               files. No timeline or details on the maintenance has yet 
               been developed.  
                
           4)   Private proprietary sector  ? Up to now, the Education 
               Information Data Act has focused on the integration of 
               data across state agencies and public educational 
               institutions.  However, according to the California 
               Student Aid Commission, $93.3 million in Cal Grant 
               funding was paid to over 13,000 California students 
               attending private proprietary institutions, comprising 
               about 9 percent of the total 2009-10 Cal Grant funding.   
               Additionally, in related budget action, SB 70 (Committee 
               on Budget and Fiscal Review, Chapter 7, Statutes of 




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               2011), among other things, established standards for 
               student loan cohort default rates which must be met by an 
               institution in order to be eligible to participate in the 
               Cal Grant program, arguably, an effort to ensure grant 
               money goes to students attending proprietary institutions 
               that provide value (as measured by lower cohort default 
               rates).   Several recent studies have highlighted the 
               need to expand degree production in order to meet 
               California's workforce needs and the potential of the 
               private proprietary sector to provide additional 
               capacity.  Should efforts to develop a comprehensive P-20 
               data system be expanded to include the private 
               proprietary sector?
           
          5)   Related legislative history  .  The importance of a unique 
               student identifier and the need to link information 
               across a P-20 network has been reinforced through several 
               legislatively directed efforts, including:
                
                        SB 1453 (Alpert, Chapter 1002, Statutes of 
                    2002) authorized the
                    creation of the California Longitudinal Pupil 
                    Achievement Data System (CALPADS) to provide school 
                    districts and CDE with the data necessary to comply 
                    with federal reporting requirements under No Child 
                    Left Behind.  The bill required that a unique pupil 
                    identifier be assigned to each K-12 student enrolled 
                    in a California public school.

                        SB 1298 (Simitian, Chapter 561, Statutes of 
                    2008), the Education Data and Information Act of 
                    2008, established a process by which local education 
                    agencies and public institutions of higher education 
                    issues, maintain, and report information using the 
                    unique statewide student identifiers required under 
                    current law.  

                        SB 19 (Simitian, Chapter 159, Statutes of 2009) 
                    added an additional issue, to identify specific 
                    procedures and policies that would facilitate the 
                    sharing and transfer of data from one segment to 
                    another and ultimately to include linkages to 
                    workforce data, to the strategic plan being created 
                    by the CIO working group established by SB 1298 
                    (Simitian, 2008). It also authorized the use of 
                    federal grant funds, received pursuant to the 




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                    American Recovery and Reinvestment Act of 2009 
                    (ARRA) and provided for statewide data systems, to 
                    fund the activities required of the CIO working 
                    group.   

                        SBX5 2 (Simitian, Chapter 1, Statutes of 2010), 
                    among other things, declared the Legislature's 
                    intent 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 be used for state-level 
                    research to improve instruction and 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.
                
          1)   Related national efforts  .  The need for a unique student 
               identifier and the ability to link student information 
               across a P-20 network is the focus of several current 
               national efforts.  These include: 
                
                        The Data Quality Campaign (DQC), created in 
                    2005, is a national, collaborative effort to 
                    encourage and support education policymakers to 
                    improve the collection, availability and use of data 
                    and to implement state longitudinal data systems to 
                    improve student achievement.  For the past four 
                    years, the DQC's annual survey has tracked state 
                    progress in implementing the 10 Essential Elements 
                    to ensure that policymakers and educators have the 
                    longitudinal data systems capable of providing 
                    timely, valid and relevant data to inform decisions. 
                    According to the DQC, California currently meets 8 
                    of the 10 essential elements.  One of the unmet 
                    elements is the ability to match P-12 student-level 
                    data to higher education data.

                        The federal America COMPETES Act of 2007 
                    codified the twelve elements of a P-16 education 
                    data system and among other things, requires a 
                    unique student identifier and the capacity to 
                    communicate with higher education data systems.  




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                    Additionally it requires the use of system data to 
                    inform policy and practice to better align State 
                    standards and curricula with the demands of 
                    postsecondary education, the workforce and the Armed 
                    Forces. 

                        In 2009, the American Recovery and Reinvestment 
                    Act (ARRA) required states, as a condition of 
                    receiving State Fiscal Stabilization Funds (SFSF), 
                    to provide, among other things, assurances regarding 
                    "Improving collection and use of data."  More 
                    specifically, states were required to provide an 
                    assurance that they would establish a longitudinal 
                    data system that included the 12 elements described 
                    in the America COMPETES Act.   California, in return 
                    for its receipt of SFSF funds, is obligated to 
                    provide a certain amount of data reporting to the 
                    federal government that relies on the linkage of 
                    P-20 data. 

                        The Statewide Longitudinal Data Systems (SLDS) 
                    grant program, authorized by the federal Educational 
                    Technical Assistance Act of 2002, is designed to aid 
                    state education agencies in developing and 
                    implementing longitudinal data systems.  AARA 
                    provided $245 million for the SLDS grant program to 
                    be awarded in 2010.  California's grant proposal 
                    included a request for $20 million to fund various 
                    data related activities.  However, the bulk of 
                    funding was proposed to be used to create a 
                    longitudinal P-20 education data warehouse.  
                    California was not among the recipients of these 
                    awards.

                        In 2009, the federal Department of Education 
                    issued an invitation to the states to compete for 
                    approximately $4.35 billion of ARRA one-time funding 
                    as Race to the Top (RTTT) grants to be distributed 
                    in two phases. Among other things, the RTTT 
                    applications required demonstration of an assurance 
                    regarding the creation of data systems to measure 
                    student success and support instruction.  California 
                    was not among the winners in the first phase of 
                    grants awarded in March 2010.  Among the reviewer 
                    comments on a number of elements of the California 
                    application, it was noted that California reports 




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                    that it currently only had 3 of the 12 America 
                    COMPETES Act elements in place in its longitudinal 
                    data system.  

           SUPPORT  

          Association of California School Administrators
          Board of Governor's of the California Community Colleges
          Children Now
          Fight Crime: Invest in Kids California
          The Education Trust-West
          The Little Hoover Commission

           OPPOSITION

           None received.