BILL ANALYSIS                                                                                                                                                                                                    �



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          Date of Hearing:   June 22, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   SB 885 (Simitian) - As Amended:  March 24, 2011

           SENATE VOTE  :   38-0
           
          SUBJECT  :   Public education accountability: longitudinal 
          education system

           SUMMARY  :   Authorizes specified state entities to enter into a 
          joint powers agreement for the purpose of implementing the 
          statewide educational data system and transferring data.  
          Specifically,  this bill  :

          1)Deletes the authority for the California Department of 
            Education (CDE), California's three public higher education 
            systems, California Commission on Teacher Credentialing (CTC), 
            Employment Development Department (EDD), and California School 
            Information Services (CSIS) to enter into interagency 
            agreements for the purpose of implementing the statewide 
            educational data system and transferring data, and instead 
            authorizes those entities, plus the California Postsecondary 
            Education Commission and the State Board of Education (SBE), 
            to enter into a joint powers agreement for the same specified 
            purposes.

          2)Clarifies that the education data system envisioned for 
            California is a preschool through higher education (P-20) 
            statewide data system.

           EXISTING LAW  :

          1)Authorizes California Longitudinal Pupil Achievement Data 
            System (CALPADS) as part of a comprehensive longitudinal 
            education data system; also requires the CDE to contract for 
            the development of a system that will provide for the 
            retention and analysis of longitudinal K-12 pupil achievement, 
            provide state and local educational agencies with the data 
            necessary for compliance with the federal No Child Left Behind 
            (NCLB) Act, provide a means for evaluating educational 
            programs and progress, provide information needed to improve 
            student achievement, and provide a common means for 
            maintaining longitudinal pupil-level data.








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          2)Authorizes the California Longitudinal Teacher Information 
            Data Education System (CALTIDES) as part of a comprehensive 
            longitudinal education data system; also requires the CDE, in 
            collaboration with the CTC, to contract for the development of 
            a system that will streamline processes, improve the 
            efficiency of data collection by CDE, CTC and EDD, and improve 
            the quality of data collected from local educational agencies 
            and teacher preparation programs; these provisions do not 
            specifically authorize EDD to provide workforce or wage 
            information for individuals.

          3)Requires CDE to establish a process by which local education 
            agencies (LEA) issue, maintain, and report information using 
            the unique Statewide Student Identifiers (SSID), being used in 
            CALPADS, for state and federally funded center based child 
            care and development programs administered by the CDE, but 
            prohibits requiring those programs to implement or maintain 
            the SSIDs until an appropriation for this purpose is provided.

          4)Establishes CSIS for the purpose of developing and 
            implementing an electronic statewide school information 
            system, including the assignment of non-personally 
            identifiable student identifiers (SSID) to all public K-12 
            students in California, so as to facilitate the exchange of 
            student data between LEAs and with the CDE.  

          5)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 
            SSID, and to provide an annual report to the Governor and the 
            appropriate policy and fiscal committees of the Legislature 
            that includes a detailed timeline for the implementation, 
            maintenance, and use of the SSID.

          6)Authorizes the CDE, the three public higher education systems, 
            CTC, EDD and CSIS to enter into interagency agreements in 
            order to facilitate the implementation of a comprehensive 
            longitudinal education data system.

          7)Establishes the CIO as a cabinet-level position responsible 
            for coordination and strategic planning in the area of 
            information technology, and requires the State Chief 
            Information Officer (CIO) to convene a working group, 
            representing the SPI, the SBE, the three systems of California 








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            public higher education, and any other governmental entities 
            that collect, report, or use individual education data that 
            would become part of the comprehensive educational data 
            system, to develop a strategic plan that would provide an 
            overall structural design for the linked data system, examine 
            current state education data systems, and examine the 
            interdepartmental data protocols and procedures to be used by 
            state agencies in collecting, storing, manipulating, sharing, 
            retrieving, and releasing data in order to enable the linking 
            of data systems; the strategic plan was required to be 
            delivered to the Legislature and the Governor on or before 
            September 1, 2009.

          8)States legislative intent to convene a staff level working 
            group that is representative of the policy and fiscal staff of 
            both houses of the Legislature and both parties, the 
            Governor's office, the SPI, the Legislative Analyst's Office 
            (LAO), and all three systems of California public higher 
            education; required the working group to make recommendations 
            related to the governance of educational data, including, but 
            not limited to, the organizational structure of the governing 
            entity, its relationship to other agencies, the scope of its 
            authorities and responsibilities, methods for holding the 
            governing entity accountable, and methods for ensuring that 
            the governing entity's work primarily serves the purposes of 
            educational improvement at the same time as ensuring the 
            privacy of any data under its charge.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   Current law envisions a comprehensive data system 
          that includes the current pre-K and K-12 data systems maintained 
          by CDE, and the data systems maintained by the state's three 
          public higher education systems.  CALPADS will be a major part 
          of the foundation of this education data system, and will hold 
          student level data on demographics, program participation, and 
          course completion.  Individual student data will be indexed 
          using the required unique SSIDs.   CALPADS, currently being 
          implemented, will eventually replace a number of the CDE's 
          current aggregate collections, including the California Basic 
          Educational Data System (CBEDS) collections, the Language 
          Census, Student National Origin Report, and portions of the 
          Consolidated Application. CALPADS will also reduce the amount of 
          data collected on the answer documents of statewide assessments. 








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          The CDE will also administer the development of CALTIDES, a 
          system that will integrate teacher credential and authorization 
          data with CALPADS data.  Data will be linked longitudinally 
          using a unique, non-personally identifiable Statewide Educator 
          Identifier (SEID); an individual teacher will be assigned a SEID 
          by the CTC, when the individual submits an application for any 
          document that indicates that the person is seeking to become 
          credentialed as an educator.  CALTIDES development is under 
          procurement.  The existing Child Development Management 
          Information System (CDMIS), also housed in the CDE, collects 
          data about families served with child care services funds in 
          order to satisfy federal reporting requirements.  However, this 
          system is not designed to allow the seamless transfer of 
          information between it and CALPADS.

          In addition to these data systems administered by the CDE, there 
          are data systems administered by each of the three public 
          systems of higher education in the state.  Historically these 
          systems have relied on social security numbers or an internally 
          generated student identification numbers to index individual 
          student data records, and thus also do not allow the seamless 
          transfer of information between the P-12 data systems and those 
          in higher education.  SB 1298 (Simitian), Chapter 561, Statutes 
          of 2008, requires each of the higher education segments to 
          establish a process by which colleges and universities within 
          those systems issue, maintain and report information using 
          SSIDs.

          The comprehensive educational data system envision by this bill 
          and current law is the key to providing policymakers the ability 
          to ask, and have answered, questions about the impacts of 
          existing or pending policy so as to be able to use that 
          information in the policy making decision process.  It is also 
          the key to providing the data necessary to tailor the best 
          instructional program for each student, and to providing the 
          most useful information to parents and to the public.  There is 
          the potential for great benefits from this type of system; there 
          are also problems to overcome in moving from the educational 
          data systems that exist now to the system envisioned here - not 
          the least of which is establishing the administrative or 
          governance structure within which numerous state and local 
          entities, each with its own data system, can cooperate in order 
          to coordinate educational data for California's pupils from 








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          pre-school through their education career and into the 
          workforce.

          SB 1298 (Simitian) also stated legislative intent to convene a 
          staff level working group to make recommendations related to the 
          governance of the educational data system.  The LAO convened 
          this group, which included bipartisan representation from the 
          Assembly and Senate as well as representation from the 
          Governor's office, LAO, the SPI, the Chancellor's Office of the 
          California Community Colleges, the University of California, and 
          the California State University.  To inform its deliberations, 
          the working group also invited the participation of an advisory 
          group including teacher, school administrator and school board 
          associations, the CTC, California Postsecondary Education 
          Commission, Cal-PASS, and other organizations, associations, and 
          government entities.  LAO issued the working group report in 
          December of 2009.  The governance working group made five 
          recommendations; three of those recommendations (see below) are 
          reflected in this bill:

          Recommendation 1-The working group recommended that the data 
          system be governed by a single entity that is educationally 
          based, but without an exclusive afliation with K-12 or higher 
          education; the group further recommended that the governance 
          structure include state-level members as well as representatives 
          from each of the contributing education segments, with the 
          non-segment representatives representing a significant majority 

          Recommendation 2- The working group recommended that individual 
          education segments continue to be responsible for data 
          collection, maintenance, security, and distribution of 
          segment-specic data.

          Recommendation 3-The group recommended that the entity 
          maintaining the cross-segment data warehouse (as opposed to the 
          segment-specific data) be responsible for data collection, 
          maintenance, security, and distribution of cross-segment data, 
          including receiving, maintaining, securing, and answering 
          requests for cross-segment data.

          The working group pointed out that these recommendations could 
          be implemented by the creation of a Joint Powers Authority (JPA) 
          without any additional changes in state law.  A JPA is an 
          institution permitted under state law whereby two or more public 
          authorities can operate collectively.  A JPA can employ staff 








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          and establish policies independently from the member entities, 
          but it derives its authority from its member organizations. A 
          JPA has an operating board (with member directors), which can be 
          given any of the powers inherent in the constituent agencies. 
          The JPA board often has a membership that is composed of one 
          representative from each of the contributing member 
          organizations, but the membership of the board is among the 
          elements that may be specified in the joint powers agreement 
          creating the JPA.  Although a JPA is an extension of the member 
          organizations, a JPA generally has its own budget and an 
          independent staff, reporting to the JPA board, to complete its 
          assigned work.  In the context of educational data governance, a 
          JPA could function as the governing entity coordinating the 
          cross-segment comprehensive data system.  This bill establishes 
          the authority for the stakeholder state entities that are 
          involved in the collection, maintenance and reporting of P-20 
          educational data to enter into a joint powers agreement in order 
          to facilitate the implementation of the P-20 data system, the 
          transfer of data between educational segments, and the transfer 
          of workforce data to the educational segments.

          Related legislation:  SB 827 (Lowenthal), pending in the 
          Assembly Education Committee, establishes a committee to advise 
          and make recommendations to the Governor, SPI, SBE, and the 
          Legislature on issues related to the CALPADS.

          Previous legislation:  SB 1357 (Steinberg), Chapter 704, 
          Statutes of 2010, requires the Department of Education to modify 
          the statewide data system to incorporate student attendance 
          data.  SB X5 2 (Simitian), Chapter 1, Statutes of 2010), 
          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.  SB 1298 
          (Simitian), Chapter 561, Statutes of 2008, establishes processes 
          by which local education agencies and public institutions of 
          higher education issue, maintain, and report information using 
          the unique SSIDs required under current law.  In addition, SB 
          1298 required the CIO to convene a working group, representing 
          the higher education segments, the SPI, the SBE, and related 
          state agencies to develop a strategic plan that would provide an 
          overall structural design for the linked data system; it also 
          stated legislative intent to convene a staff level working group 
          representing the Legislature, the administration, the SPI, and 
          the higher education segments to make recommendations related to 
          the governance of educational data.








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          SB 1425 (Steinberg), vetoed in 2008, would have developed a 
          process for reviewing and responding to requests for individual 
          pupil data records housed in CALPADS.  SB 1524 (Romero), vetoed 
          in 2008, would have required CALPADS to have the ability to 
          collect and report disaggregated data related to Asian and 
          Pacific Islander (API) pupils, in order to provide a more 
          accurate view of the academic achievement of the subgroups 
          within that classification.  SB 1592 (Perata), held on the 
          Assembly Floor at the author's request in 2008, would have 
          established a committee responsible for providing oversight for 
          CDE's data collection activities.  AB 2955 (Duvall), failed 
          passage in the Assembly Education Committee in 2008, would have 
          authorized the CIO to manage the data of LEAs through CALPADS, 
          and thus manage CALPADS itself; AB 2955 would have also required 
          the CIO to establish and maintain two bureaucratic structures to 
          review data requests and to make recommendations regarding the 
          CIO's management of educational data.  SB 1614 (Simitian), 
          Chapter 840, Statutes of 2006, requires the development of 
          CALTIDES to serve as a central state repository of information 
          on the teacher workforce, and specifies that the existing 
          California Education Information System include CALTIDES, 
          CALPADS, and CBEDS, an annual collection of aggregate student 
          and staff data.  SB 1453 (Alpert), Chapter 1002, Statutes of 
          2002, authorizes the longitudinal data system in its current 
          form, and specifies that the system be known as CALPADS.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Association of California School Administrators
          Board of Governors of the California Community Colleges
          Public Advocates
          Silicon Valley Leadership Group
          The Education Trust-West
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087 











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