Existing law establishes a system of elementary, secondary, and postsecondary education in this state. Existing law establishes the California Postsecondary Education Commission as the statewide postsecondary education coordinating and planning agency and requires it to serve as a principal fiscal and program advisor to the Governor and the Legislature on postsecondary educational policy. Existing law establishes the California Longitudinal Pupil Achievement Data System, which maintains pupil data regarding demographic, program participation, enrollment, and statewide assessments.

This bill would express the intent of the Legislature to establish the Statewide Longitudinal Student Database to collect and store data regarding individual students as they matriculate through P20, as defined, and into the workforce. The bill would require the commission to convene a review committee for purposes of advising the commission on the establishment, implementation, funding, and ongoing administration of the database. The bill would require the commission to review the committees recommendations and develop a database plan on or before July 1, 2021. The bill would exempt contracts entered into by the commission for purposes of implementing the bills provisions from provisions of the Government Code and Public Contract Code and from the review or approval of any division of the Department of General Services. Subject to an appropriation in the annual Budget Act or another statute and the completion of specified requirements, the bill would require the commission to develop and implement the database. The bill would express the intent of the Legislature that the development of the database be substantially completed on or before July 1, 2022. The bill would prohibit the commission from implementing the database if there is a determination, after consultation with the review committee, that the commission is unable to obtain necessary, reliable, and relevant data or protect individual privacy rights and confidentiality of the data. The bill would make implementation of its provisions contingent upon an appropriation in the annual Budget Act or another statute for its purposes.

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: SB 2 Hearing Date: April 3, 2019

Subject: Statewide Longitudinal Student Database.

SUMMARY

This bill requires the California Postsecondary Education Commission (CPEC) to convene a review committee to advise CPEC regarding the creation of a statewide longitudinal student database. This bill requires CPEC to develop and implement the database on or before July 1, 2022.

BACKGROUND

Existing law:

1. Establishes the CPEC as the statewide postsecondary education coordinating and planning agency, and requires it to serve as the primary fiscal and program advisor to the state government on postsecondary education policy. (Education Code § 60900 et seq.)
2. Establishes the California Longitudinal Pupil Achievement Data System. Existing law requires this data system to maintain individual-level data related to student demographics, enrollment, course participation, discipline, assessments, staff assignments, and other data for the purposes of state and federal reporting. (EC § 60900 et seq.)
3. Establishes the California Longitudinal Teacher Integrated Data Education System to serve as the central state repository of information related to the teacher workforce. Existing law requires this data system to provide a means of evaluating teacher preparation programs, education workforce issues, and teacher assignment monitoring. (EC § 10601)
4. Protects pupils’ records access and confidentially from improper disclosure. (The Family Educational Rights and Privacy Act, 20 USC Section 1232g and its regulations (34 C.F.R. part 99) and EC 49060 et seq. and its regulations (Title V CCR sections 400, 430 et seq.)
5. Authorizes the United States Department of Education to collect data and oversee research on schools nationwide, and to disseminate this information to the federal legislature, educators, and the general public. (Public Law 96-88; US Department of Education)
6. Establishes a competitive federal grant program to support state educational agencies seeking to develop a statewide longitudinal data system (20 U.S.C. § 9607; Institute of Education Sciences)
7. Requires that postsecondary institutions that participate in federal student aid programs report their data on enrollments, program competitions, graduation rates, faculty and staff, finances, institutional prices, and student financial aid to the Integrated Postsecondary Education Data System of the United States Department of Education. (20 U.S.C. § 1001 et seq.)

ANALYSIS

This bill:

1. Requires the California Postsecondary Education Commission (CPEC) to convene review committee to advise CPEC regarding the establishment and management of a statewide longitudinal student database.
2. Requires CPEC to convene a review committee that is composed of, but not limited to, representatives from the following:
   1. The University of California.
   2. California State University.
   3. The California Community Colleges,
   4. The State Department of Education.
   5. County offices of education.
   6. School districts.
   7. Private schools.
   8. Public school teachers.
   9. Public school administrators.
   10. The labor and workforce development agency.
3. Prohibits the review committee from authorizing decisions related to, or having financial interest in, the administration of the database. This bill prohibits members of the review committee from receiving compensation in connection with their duties.
4. Requires the review committee to hold public meetings and solicit input from relevant stakeholders.
5. Requires California Postsecondary Education Commission (CPEC) to, in consultation with the review committee’s recommendations, develop a statewide longitudinal database plan that includes but is not limited to the following:
6. The use of a unique student identifier that follows the student as they matriculate through the education system and into the workforce.
7. Student-level enrollment, demographic, and academic program participation data.
8. Student-level attendance, special education, gifted and talented education, free and reduced-price lunch status, and career technical education participation data.
9. Student-level transcript data.
10. Student-level college readiness test scores.
11. Student-level graduation and drop-out data.
12. The ability to match student records between P-12 systems and postsecondary education systems.
13. A state data audit system.

1. Requires CPEC to review information from existing state education data systems to identify the gaps between the data that is already available and the data that is recommended to be collected by the statewide longitudinal database.
2. Permits CPEC to contract with third-party vendors to assist with the implementation of the database.
3. Requires CPEC to develop guidance regarding the submission of education and workforce information to the database, and to develop a methodology regarding the collection, processing, analysis, review, and comparison of the received data.
4. Requires CPEC to submit a report to the legislature based on the review committee’s recommendations regarding the establishment of a longitudinal statewide student database on or before July 1, 2021. Requires the report to include information related to the following:
5. The types of data to be collected and requirements for data linkages.
6. The entities required to report data.
7. The privacy and confidentiality of the data.

1. Education technology systems and solutions.
2. Additional legislation needed.
3. Identification of an appropriate governance structure, including identification of the appropriate entity to operate the database.
4. Allows California Postsecondary Education Commission (CPEC) to enter into exclusive or non-exclusive contracts via a bid or negotiated basis in order for CPEC to execute these directives.
5. Prohibits CPEC from implementing the database if there is a determination that CPEC is unable to obtain necessary, reliable, and relevant data, or if CPEC is unable to protect the privacy and confidentiality of the data.

STAFF COMMENTS

1. Need for the bill. According to the author, “California does not have a statewide data system that tracks student progress through P-12 and higher education into the workforce. As a result, educators and policymakers cannot answer critical questions about student progress, which limits their ability to make evidence-based changes to support better and more equitable opportunities for students.

“A longitudinal data system would help policymakers and educators figure out how to better support students in meeting their educational goals and the state’s workforce needs. It would monitor student progress from one grade to the next and measure whether students are on track to high school graduation, college enrollment, and college completion. It would include reforms to be monitored, gaps in the education system to be identified, and specific changes to be made. In addition, these systems would enable decision makers to develop an early detection system that would trigger interventions when needed and a placement system that would better assign students into appropriate courses in high school and college. A statewide data system would also help students and families make informed decisions about college and career.”

1. Who will convene the review committee and implement the database? The CPEC was a higher education planning and coordinating state agency from 1974-2011. CPEC’s General Fund allocation was eliminated in the 2011-2012 State Budget, leading to the dissolution of the agency. SB 3, (Allen, 2019), establishes the Office of Higher Education, Coordination, Accountability, and Performance as a new state governing body for higher education oversight. According to the author, it is the author’s intent that the database established by this bill (SB 2) would be developed and implemented by the governing body established by SB 3.
2. Budget proposal. The Governor’s 2019-20 State budget proposes a $10 million one-time non-Proposition 98 General Fund appropriation to plan for and develop a statewide longitudinal data system. While a portion of this funding would be used for initial planning purposes, the bulk of this allocation is intended to finance the initial stages of database system implementation.

Author’s amendments. The author wishes to amend this bill as follows:

1. Require the Office of Higher Education Coordination, Accountability, and Performance, as proposed to be established by SB 3 (Allen, 2019), to assume the responsibilities assigned to the now defunct California Postsecondary Education Commission (CPEC).
2. Add a requirement that the review committee shall include stakeholders and/or experts in the following areas:
   • 1. Education data systems and education technology solutions.
     2. Early education.
     3. Postsecondary student financial aid.
     4. Social services.
     5. Statewide education research.
     6. Labor and workforce development.
     7. Privacy issues, including the federal Family Educational Rights and Privacy Act.
        
3. Require the review committee to develop and recommend a plan to make summary findings and conclusions extracted from the database, including comparative analyses, available and accessible to the public. It is the intent of the legislature for this information to help students and their families make informed decisions regarding academic programs and services.
4. Require the review committee to consider additional legislation needed to support linkages between early education, K-12, and postsecondary institutions.
5. Express the intent of the legislature that these policies and strategies should ultimately lead to placement of students on a pathway to career and economic security,
6. Reference the Smarter Balanced Assessment Consortium tests as an example of student-level college readiness scores to be tracked by the database.
7. Require the review committee’s recommendations to consider data requirements, use case definitions, policies and procedures for different entities that must submit data – including state agencies, schools, and institutions of higher learning.
8. Require the review committee’s recommendations to be in compliance with applicable state and federal privacy laws.
9. Prohibit vendors with conflicts of interest from assisting in the development and administration of the database.
10. Prohibit the disclosure of personally identifiable information that has been collected for, stored in, or used from the database.
11. Establish that ownership of the data provided by an entity is retained by the entity.

Related and prior legislation.

SB 3 (Allen, 2019) This bill establishes the Office of Higher Education Coordination, Accountability, and Performance, administered by the governing board of the office, as the statewide postsecondary education coordination, oversight and planning entity, outlines its responsibilities, functions and authorities including data collection.

This bill is scheduled to be heard by this committee on April 3.

AB 130 (Low, 2019) establishes the Office of Higher Education Performance and Accountability as the statewide postsecondary coordination and planning. This bill is scheduled to be heard by the Assembly Higher Education Committee on April 2.

AB 1466 (Irwin, 2019) creates a statewide longitudinal student data system that would assist in measuring state progress towards educational attainment and workforce goals. This bill is scheduled to be heard by the Assembly Education Committee on April 10.

SB 1224 (Glazer, 2018) would have required the California Department of Education (CDE), Chancellor of the California Community Colleges (CCC), and the California State University (CSU), and request the University of California (UC), to establish a data collection system to ensure student data is tracked from K-12 through public postsecondary education and into the workforce. The bill was held in the Senate Appropriations Committee.

SB 885 (Simitian, 2011) would have authorized the CDE, UC, CSU, Chancellor of the CCCs, the Commission on Teacher Credentialing, the State Board of Education, the Employment Development Department and the California School Information Services to enter into a joint powers agreement to facilitate the implementation of a comprehensive longitudinal P-20 statewide data system, as well as the transfer of educational and workforce data. SB 885 was vetoed by the Governor.

AB 1837 (Low, 2016) would have established the Office of Higher Education Performance and Accountability as the statewide postsecondary coordination and planning entity; outlined its responsibilities, functions and authorities; and established an advisory board to the office. AB 1837 was held in the Senate Appropriations Committee.

SB 42 (Liu, 2016) was nearly identical to AB 1837. SB 42 was vetoed by the Governor.

AB 1348 (John Pérez, 2014) would have established the California Higher Education Authority, its governing board and its responsibilities, including acting as a clearinghouse for postsecondary education information and maintaining a comprehensive database. AB 1348 was held in the Senate Appropriations Committee.

AB 2190 (John Pérez, 2012) would have established a state oversight and coordinating body for higher education. AB 2190 was held in the Assembly Appropriations Committee.

SB 1138 (Liu, 2011) would have established a central data management system for higher education. SB 1138 was held in the Senate Appropriations Committee.

SUPPORT

California Competes

Campaign for College Opportunity

Education Trust – West

Institution for College Access and Success

Public Advocates

Southeast Asia Resource Action Center

Student Senate for California Community Colleges

Teach Plus

University of California Student Association

OPPOSITION

None received

-- END --

 THIRD READING  

Bill No: SB 2

Author: Glazer (D) and Allen (D), et al.

Amended: 5/23/19

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 4/3/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SUBJECT: Statewide Longitudinal Student Database

SOURCE: Author

DIGEST:

This bill requires the Office of Higher Education Coordination, Accountability, and Performance (the Office) to convene a review committee to advise the Office regarding the creation of a statewide longitudinal student database.

Senate Floor Amendments of 5/23/19 strike a reference to the California Longitudinal Pupil Achievement Data System, and add a reference to “workforce data systems” (relative to reviewing information that is collected by the state to identify gaps in data). The amendments also prohibit home-based private schools from being required to collect or submit data for the database.

ANALYSIS:

Existing federal law:

1. Authorizes the United States Department of Education to collect data and oversee research on schools nationwide, and to disseminate this information to the federal legislature, educators, and the general public. (Public Law 96-88; US Department of Education)
2. Establishes a competitive federal grant program to support state educational agencies seeking to develop a statewide longitudinal data system. (20 U.S.C. § 9607; Institute of Education Sciences)
3. Requires that postsecondary institutions that participate in federal student aid programs report their data on enrollments, program competitions, graduation rates, faculty and staff, finances, institutional prices, and student financial aid to the Integrated Postsecondary Education Data System of the United States Department of Education. (20 U.S.C. § 1001 et seq.)

Existing state law:

1. Establishes the California Postsecondary Education Commision (CPEC) as the statewide postsecondary education coordinating and planning agency, and requires it to serve as the primary fiscal and program advisor to the state government on postsecondary education policy. (Education Code § 60900 et seq.)
2. Establishes the California Longitudinal Pupil Achievement Data System. Existing law requires this data system to maintain individual-level data related to student demographics, enrollment, course participation, discipline, assessments, staff assignments, and other data for the purposes of state and federal reporting. (EC § 60900 et seq.)
3. Protects pupils’ records access and confidentially from improper disclosure. (The Family Educational Rights and Privacy Act, 20 USC Section 1232g and its regulations (34 C.F.R. part 99) and EC 49060 et seq. and its regulations (Title V CCR sections 400, 430 et seq.)

This bill:

1. Requires the Office, as proposed to be established by SB 3 (Allen, 2019), to assume the responsibilities previously assigned to the now defunct CPEC.
2. Requires the Office to convene review committee to advise the Office regarding the establishment and management of a statewide longitudinal student database.
3. Requires the review committee to be composed of, but not limited to, representatives from the following:
   1. The University of California.
   2. California State University.
   3. The California Community Colleges.
   4. The State Department of Education.
   5. Early education.
   6. Postsecondary student financial aid.
   7. Social services.
   8. Statewide education research.
   9. Labor and workforce development.
   10. Privacy issues, including the federal Family Educational Rights and Privacy Act.
   11. An academic senate, or a systemwide student organization of a public postsecondary segment.
   12. Education data system and education technology systems.
4. Prohibits the review committee from authorizing decisions related to, or having financial interest in, the administration of the database. This bill prohibits members of the review committee from receiving compensation in connection with their duties.
5. Requires the review committee to hold public meetings and solicit input from relevant stakeholders.
6. Requires the review committee to develop, and recommend to the Office, a plan to make a summary of database findings, conclusions, and analyses available to the public.
   
7. Requires the Office to, in consultation with the review committee’s recommendations, develop a statewide longitudinal database plan that includes but is not limited to the following:
8. The use of a unique student identifier that follows the student as they matriculate through the education system and into the workforce.
9. Student-level enrollment, demographic, and academic program participation data.
10. Student-level attendance, special education, gifted and talented education, free and reduced-price lunch status, and career technical education participation data.
11. Student-level transcript data.
12. Student-level college readiness test scores.
13. Student-level graduation and drop-out data.
14. The ability to match student records between P-12 systems and postsecondary education systems.
15. A state data audit system.
16. Requirements, use case definitions, policies, and procedures for a state agency, public school, private institution of higher education, or private school to collect and submit data.
17. Requirements to ensure compliance with all applicable state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act, as it relates to the disclosure of personally identifiable information.

1. Requires the Office to review information from existing state education or workforce data systems to identify the gaps between the data that is already available and the data that is recommended to be collected by the statewide longitudinal database.
2. Permits the Office to contract with third-party vendors to assist with the implementation of the database. Prohibit vendors with conflicts of interest from assisting in the development and administration of the database.
3. Requires the Office to develop guidance regarding the submission of education and workforce information to the database, and to develop a methodology regarding the collection, processing, analysis, review, security, ownership, and comparison of the received data. This bill prohibits home-based private schools from being required to collect or submit data for the database.
4. Requires the review committee to consider additional legislation needed to support linkages between early education, K-12, and postsecondary institutions.

1. Requires the Office to submit a report to the Legislature based on the review committee’s recommendations regarding the establishment of a longitudinal statewide student database on or before July 1, 2021. Requires the report to include information related to the following:
2. The types of data to be collected and requirements for data linkages.
3. The entities required to report data.
4. The privacy and confidentiality of the data.
5. Education technology systems and solutions.
6. Additional legislation needed.
7. Identification of an appropriate governance structure, including identification of the appropriate entity to operate the database.
8. Prohibits the Office from implementing the database if there is a determination that the Office is unable to obtain necessary, reliable, and relevant data, or if the Office is unable to protect the privacy and confidentiality of the data.
9. Requires the review committee to develop and recommend a plan to make summary findings and conclusions extracted from the database, including comparative analyses, available and accessible to the public. It is the intent of the legislature for this information to help students and their families make informed decisions regarding academic programs and services.
10. Expresses the intent of the Legislature that these policies and strategies should ultimately lead to placement of students on a pathway to career and economic security.
11. Requires the review committee’s recommendations to consider data requirements, use case definitions, policies and procedures for different entities that must submit data – including state agencies, schools, and institutions of higher learning.
12. Requires the review committee’s recommendations to be in compliance with applicable state and federal privacy laws.
13. Prohibits the disclosure of personally identifiable information that has been collected for, stored in, or used from the database.
14. Requires the Office to use the data collected and stored in the database to provide and perform regular, timely updates to comparative information on its internet website to help students and their families make informed decisions regarding academic programs and services offered by public and private educational institutions in the state.
15. Provides that personally identifiable information collected for, stored in, or used from the database is confidential and prohibits the information from being disclosed unless the disclosure is not prohibited by state or federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act.
16. Provides that ownership of data provided by an entity for inclusion in the database is to be retained by the entity.
17. Provides that this bill is contingent upon the enactment of SB 3 (Allen).

Comments

1. Need for the bill. According to the author, “California does not have a statewide data system that tracks student progress through P-12 and higher education into the workforce. As a result, educators and policymakers cannot answer critical questions about student progress, which limits their ability to make evidence-based changes to support better and more equitable opportunities for students.

A longitudinal data system would help policymakers and educators figure out how to better support students in meeting their educational goals and the state’s workforce needs. It would monitor student progress from one grade to the next and measure whether students are on track to high school graduation, college enrollment, and college completion. It would include reforms to be monitored, gaps in the education system to be identified, and specific changes to be made. In addition, these systems would enable decision makers to develop an early detection system that would trigger interventions when needed and a placement system that would better assign students into appropriate courses in high school and college. A statewide data system would also help students and families make informed decisions about college and career.”

1. Who will convene the review committee and implement the database? The CPEC was a higher education planning and coordinating state agency from 1974-2011. CPEC’s General Fund allocation was eliminated in the 2011-2012 State Budget, leading to the dissolution of the agency. SB 3, (Allen, 2019), establishes the Office of Higher Education, Coordination, Accountability, and Performance (the Office) as a new state governing body for higher education oversight. According to the author, it is the author’s intent that the database established by this bill (SB 2) would be developed and implemented by the governing body established by SB 3.
2. Budget proposal. The Governor’s 2019-20 State budget proposes a $10 million one-time non-Proposition 98 General Fund appropriation to plan for and develop a statewide longitudinal data system. While a portion of this funding would be used for initial planning purposes, the bulk of this allocation is intended to finance the initial stages of database system implementation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• The development and implementation of the database would be subject to an appropriation. Based on the costs of more modest data systems that have been developed such as the California Longitudinal Pupil Achievement Data System and the California Longitudinal Teacher Integrated Data Education System, the cost to establish and maintain the system proposed by this measure could be in the tens of millions, potentially higher (General Fund).
  
• The CSU estimates at least one half-time position and between $65,000 to $130,000 in General Fund costs to develop datasets, manage the data and conduct annual updates.  This cost could increase significantly depending on the data CSU would be required to collect and whether it is outside of their current scope.  There would also be unknown costs pertaining to data governance conversations and the development of a custom-built algorithm.

SUPPORT: (Verified 5/22/19)

California Competes

California State Student Association

Campaign for College Opportunity

East Bay Leadership Council

Education Trust – West

Public Advocates

Southeast Asia Resource Action Center

Student Senate for California Community Colleges

Teach Plus

The Institute for College Access and Success

University of California Student Association

OPPOSITION: (Verified 5/22/19)

Electronic Frontier Foundation

Prepared by: Lynn Lorber / ED. /

5/24/19 9:44:09

**** END ****

 THIRD READING  

Bill No: SB 2

Author: Glazer (D) and Allen (D), et al.

Amended: 4/10/19

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 4/3/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SUBJECT: Statewide Longitudinal Student Database

SOURCE: Author

DIGEST:

This bill requires the Office of Higher Education Coordination, Accountability, and Performance (the Office) to convene a review committee to advise the Office regarding the creation of a statewide longitudinal student database.

ANALYSIS:

Existing federal law:

1. Authorizes the United States Department of Education to collect data and oversee research on schools nationwide, and to disseminate this information to the federal legislature, educators, and the general public. (Public Law 96-88; US Department of Education)
2. Establishes a competitive federal grant program to support state educational agencies seeking to develop a statewide longitudinal data system. (20 U.S.C. § 9607; Institute of Education Sciences)
3. Requires that postsecondary institutions that participate in federal student aid programs report their data on enrollments, program competitions, graduation rates, faculty and staff, finances, institutional prices, and student financial aid to the Integrated Postsecondary Education Data System of the United States Department of Education. (20 U.S.C. § 1001 et seq.)

Existing state law:

1. Establishes the California Postsecondary Education Commision (CPEC) as the statewide postsecondary education coordinating and planning agency, and requires it to serve as the primary fiscal and program advisor to the state government on postsecondary education policy. (Education Code § 60900 et seq.)
2. Establishes the California Longitudinal Pupil Achievement Data System. Existing law requires this data system to maintain individual-level data related to student demographics, enrollment, course participation, discipline, assessments, staff assignments, and other data for the purposes of state and federal reporting. (EC § 60900 et seq.)
3. Protects pupils’ records access and confidentially from improper disclosure. (The Family Educational Rights and Privacy Act, 20 USC Section 1232g and its regulations (34 C.F.R. part 99) and EC 49060 et seq. and its regulations (Title V CCR sections 400, 430 et seq.)

This bill:

1. Requires the Office, as proposed to be established by SB 3 (Allen, 2019), to assume the responsibilities previously assigned to the now defunct CPEC.
2. Requires the Office to convene review committee to advise the Office regarding the establishment and management of a statewide longitudinal student database.
3. Requires the review committee to be composed of, but not limited to, representatives from the following:
   1. The University of California.
   2. California State University.
   3. The California Community Colleges.
   4. The State Department of Education.
   5. Early education.
   6. Postsecondary student financial aid.
   7. Social services.
   8. Statewide education research.
   9. Labor and workforce development.
   10. Privacy issues, including the federal Family Educational Rights and Privacy Act.
   11. An academic senate, or a systemwide student organization of a public postsecondary segment.
   12. Education data system and education technology systems.
4. Prohibits the review committee from authorizing decisions related to, or having financial interest in, the administration of the database. This bill prohibits members of the review committee from receiving compensation in connection with their duties.
5. Requires the review committee to hold public meetings and solicit input from relevant stakeholders.
6. Requires the review committee to develop, and recommend to the Office, a plan to make a summary of database findings, conclusions, and analyses available to the public.
   
7. Requires the Office to, in consultation with the review committee’s recommendations, develop a statewide longitudinal database plan that includes but is not limited to the following:
8. The use of a unique student identifier that follows the student as they matriculate through the education system and into the workforce.
9. Student-level enrollment, demographic, and academic program participation data.
10. Student-level attendance, special education, gifted and talented education, free and reduced-price lunch status, and career technical education participation data.
11. Student-level transcript data.
12. Student-level college readiness test scores.
13. Student-level graduation and drop-out data.
14. The ability to match student records between P-12 systems and postsecondary education systems.
15. A state data audit system.
16. Requirements, use case definitions, policies, and procedures for a state agency, public school, private institution of higher education, or private school to collect and submit data.
17. Requirements to ensure compliance with all applicable state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act, as it relates to the disclosure of personally identifiable information.

1. Requires the Office to review information from existing state education data systems to identify the gaps between the data that is already available and the data that is recommended to be collected by the statewide longitudinal database.
2. Permits the Office to contract with third-party vendors to assist with the implementation of the database. Prohibit vendors with conflicts of interest from assisting in the development and administration of the database.
3. Requires the Office to develop guidance regarding the submission of education and workforce information to the database, and to develop a methodology regarding the collection, processing, analysis, review, security, ownership, and comparison of the received data.
4. Requires the review committee to consider additional legislation needed to support linkages between early education, K-12, and postsecondary institutions.

1. Requires the Office to submit a report to the Legislature based on the review committee’s recommendations regarding the establishment of a longitudinal statewide student database on or before July 1, 2021. Requires the report to include information related to the following:
2. The types of data to be collected and requirements for data linkages.
3. The entities required to report data.
4. The privacy and confidentiality of the data.
5. Education technology systems and solutions.
6. Additional legislation needed.
7. Identification of an appropriate governance structure, including identification of the appropriate entity to operate the database.
8. Prohibits the Office from implementing the database if there is a determination that the Office is unable to obtain necessary, reliable, and relevant data, or if the Office is unable to protect the privacy and confidentiality of the data.
9. Requires the review committee to develop and recommend a plan to make summary findings and conclusions extracted from the database, including comparative analyses, available and accessible to the public. It is the intent of the legislature for this information to help students and their families make informed decisions regarding academic programs and services.
10. Expresses the intent of the Legislature that these policies and strategies should ultimately lead to placement of students on a pathway to career and economic security.
11. Requires the review committee’s recommendations to consider data requirements, use case definitions, policies and procedures for different entities that must submit data – including state agencies, schools, and institutions of higher learning.
12. Requires the review committee’s recommendations to be in compliance with applicable state and federal privacy laws.
13. Prohibits the disclosure of personally identifiable information that has been collected for, stored in, or used from the database.
14. Requires the Office to use the data collected and stored in the database to provide and perform regular, timely updates to comparative information on its internet website to help students and their families make informed decisions regarding academic programs and services offered by public and private educational institutions in the state.
15. Provides that personally identifiable information collected for, stored in, or used from the database is confidential and prohibits the information from being disclosed unless the disclosure is not prohibited by state or federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act.
16. Provides that ownership of data provided by an entity for inclusion in the database is to be retained by the entity.
17. Provides that this bill is contingent upon the enactment of SB 3 (Allen).

Comments

1. Need for the bill. According to the author, “California does not have a statewide data system that tracks student progress through P-12 and higher education into the workforce. As a result, educators and policymakers cannot answer critical questions about student progress, which limits their ability to make evidence-based changes to support better and more equitable opportunities for students.

A longitudinal data system would help policymakers and educators figure out how to better support students in meeting their educational goals and the state’s workforce needs. It would monitor student progress from one grade to the next and measure whether students are on track to high school graduation, college enrollment, and college completion. It would include reforms to be monitored, gaps in the education system to be identified, and specific changes to be made. In addition, these systems would enable decision makers to develop an early detection system that would trigger interventions when needed and a placement system that would better assign students into appropriate courses in high school and college. A statewide data system would also help students and families make informed decisions about college and career.”

1. Who will convene the review committee and implement the database? The CPEC was a higher education planning and coordinating state agency from 1974-2011. CPEC’s General Fund allocation was eliminated in the 2011-2012 State Budget, leading to the dissolution of the agency. SB 3, (Allen, 2019), establishes the Office of Higher Education, Coordination, Accountability, and Performance (the Office) as a new state governing body for higher education oversight. According to the author, it is the author’s intent that the database established by this bill (SB 2) would be developed and implemented by the governing body established by SB 3.
2. Budget proposal. The Governor’s 2019-20 State budget proposes a $10 million one-time non-Proposition 98 General Fund appropriation to plan for and develop a statewide longitudinal data system. While a portion of this funding would be used for initial planning purposes, the bulk of this allocation is intended to finance the initial stages of database system implementation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• The development and implementation of the database would be subject to an appropriation. Based on the costs of more modest data systems that have been developed such as the California Longitudinal Pupil Achievement Data System and the California Longitudinal Teacher Integrated Data Education System, the cost to establish and maintain the system proposed by this measure could be in the tens of millions, potentially higher (General Fund).
• The CSU estimates at least one half-time position and between $65,000 to $130,000 in General Fund costs to develop datasets, manage the data and conduct annual updates.  This cost could increase significantly depending on the data CSU would be required to collect and whether it is outside of their current scope.  There would also be unknown costs pertaining to data governance conversations and the development of a custom-built algorithm.

SUPPORT: (Verified 5/22/19)

California Competes

California State Student Association

Campaign for College Opportunity

East Bay Leadership Council

Education Trust – West

Institution for College Access and Success

Public Advocates

Southeast Asia Resource Action Center

Student Senate for California Community Colleges

Teach Plus

University of California Student Association

OPPOSITION: (Verified 5/16/19)

Electronic Frontier Foundation

Prepared by: Chanel Matney / ED. /

5/22/19 13:54:55

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 2 (Glazer) - Statewide Longitudinal Student Database

Bill Summary:

This bill requires the Office of Higher Education Coordination, Accountability, and Performance to convene a review committee to advise the office regarding the establishment of a statewide longitudinal student database. This bill requires the office, subject to an appropriation, to develop and implement the database on or before July 1, 2022. This bill also makes its operation contingent upon the enactment of SB 3 (Allen, 2019) which proposes to establish the Office of Higher Education Coordination, Accountability, and Performance

Fiscal Impact:

• The development and implementation of the database would be subject to an appropriation. Based on the costs of more modest data systems that have been developed such as the California Longitudinal Pupil Achievement Data System (CalPADS) and the California Longitudinal Teacher Integrated Data Education System, the cost to establish and maintain the system proposed by this measure could be in the tens of millions, potentially higher (General Fund).
• The CSU estimates at least one half-time position and between $65,000 to $130,000 in General Fund costs to develop datasets, manage the data and conduct annual updates.  This cost could increase significantly depending on the data CSU would be required to collect and whether it is outside of their current scope.  There would also be unknown costs pertaining to data governance conversations and the development of a custom-built algorithm.

Background:

Existing state law establishes CalPADS to provide a better means of evaluating educational progress and investments over time, and provide local educational agencies (LEAs) information that can be used to improve student achievement, among other things. Existing law requires LEAs to maintain a unique student identification number, as specified.

Existing law stablishes the Education Data and Information Act of 2008 which, among other things, requires the CCCs, CSU, and UC to establish a process by which campuses within those segments issue, maintain, and report information using unique statewide student identifiers. It requires the State Chief Information Officer to convene a working group representing, at a minimum, the State Board of Education, Superintendent of Public Instruction, CCCs, CSU, and UC for the purpose of creating a strategic plan to link education data systems from all segments and to accomplish specified tasks (such as providing a structural design, and protocols and procedures in the collection, storage and sharing of data).

Existing law also authorizes the California Department of Education (CDE), CCCs, CSU, UC, the Commission on Teacher Credentialing, Employment Development Department and California Student Identification System to enter into interagency agreements to facilitate the implementation of a comprehensive longitudinal P-20 statewide data system, transfer of data from one educational segment to another, and transfer of workforce data to the educational segments.

The California Postsecondary Education Commission (CPEC) was established in 1974 to coordinate public, independent, and private postsecondary education in California as well as provide independent policy analyses and recommendations to the Legislature and the Governor on postsecondary education issues. CPEC served as the State's planning and coordinating body for higher education. Its predecessor, the Coordinating Council for Higher Education, was established as part of the 1960 Master Plan for Higher Education. CPEC’s primary responsibilities included ensuring quality of education and cooperation among the segments of public postsecondary education system and eliminating duplication and waste of resources. Additional duties included the creation and maintenance of collection databases capable of documenting performance of postsecondary education institutions, administration of federally funded education programs, acting as the state's clearinghouse on postsecondary education information and as the primary advisor on postsecondary education issues to the Legislature, Governor, and other governmental offices and institutions. CPEC was dissolved in November 2011, following the line item veto of its funding by Governor Brown.

The records that were held by CPEC (1961-2011) are currently being held by the Corporation for Education Network Initiatives in California (CENIC). The data held by CENIC is static (no new data is being added) and there is no authority for CENIC to do anything with the data other than maintain it. Since the closure of CPEC, there is no statewide entity that serves as the State's planning and coordinating body for higher education or that houses postsecondary education data.

Proposed Law:

This bill requires the Office of Higher Education Coordination, Accountability, and Performance to convene a review committee, as specified, to advise the office regarding the establishment of a statewide longitudinal student database.

This bill requires the office to review the committee’s recommendations and develop a database plan, as specified, including the use of a unique student identifier that is assigned to each pupil upon entrance into the P-20 system and remains with that student as the student matriculates through the system and into the workforce and student level data such as enrollment, transcripts, test scores, and graduation and dropout data.

This bill requires the office, on or before July 1, 2021, to submit a report to the Legislature based on recommendations made by the review committee that includes information on the types of data and its purposes, specifies the entities that would be required to report data, and defines and prioritizes data elements to collect.

This bill requires the office to develop and implement the database, as specified, subject to an appropriation in the Budget Act or another statute, after specified requirements are fulfilled. The bill provides legislative intent that the development of the database be substantially completed on or before July 1, 2022. The bill also provides that the office shall not implement or operate the database if there is a determination that the office is unable to obtain necessary, reliable, and relevant data or protect individual privacy rights and confidentiality.

Related Legislation:

SB 3 (Allen, 2019) would establish the Office of Higher Education Coordination, Accountability, and Performance as the statewide postsecondary education coordination, oversight and planning entity. This bill is pending in the Governmental Organization Committee.

AB 130 (Low, 2019) would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary coordination and planning entity. This bill is pending in the Assembly Appropriations Committee.

AB 1466 (Irwin, 2019) would create a statewide longitudinal student data system that would assist in measuring state progress towards educational attainment and workforce goals. This bill is pending in the Assembly Higher Education Committee.

SB 1224 (Glazer, 2018) would have required CDE, the Chancellor of the California Community Colleges (CCC), and the CSU, and request the UC, to establish a data collection system to ensure student data is tracked from K-12 through public postsecondary education and into the workforce. The bill was held in the Senate Appropriations Committee.

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