Bill Text: AZ SB1446 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Schools; student level data
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2013-03-26 - House majority caucus: Do pass [SB1446 Detail]
Download: Arizona-2013-SB1446-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1446 |
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AN ACT
amending sections 15‑249, 15‑249.01, 15-828, 15‑1041, 15‑1042 and 15‑1043, Arizona Revised Statutes; relating to the department of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-249, Arizona Revised Statutes, is amended to read:
15-249. Department of education; education learning and accountability system; reports; reviews
A. Subject to appropriation of state monies, or receipt of federal monies, private donations or grants from any lawful public or private source for this purpose, the department of education, in coordination with the data governance commission established by section 15‑249.01, shall develop and implement the education learning and accountability system to collect, compile, maintain and report student level data for students attending public educational institutions that provide instruction to pupils in preschool programs, kindergarten programs, grades one through twelve and postsecondary educational programs in this state.
B. The education learning and accountability system shall:
1. Maintain longitudinal, student level data, including student demographic, grade level, assessment, teacher assignment and other data required to meet state and federal reporting requirements.
2. Incorporate the student accountability information system prescribed in chapter 9, article 8 of this title.
3. Be accessible through commonly used internet web browsers to carry out the data collection, compilation and reporting duties prescribed in this title.
C. The department of education may contract with a third party to carry out the purposes of this section.
D. The department of education, in coordination with the data governance commission, shall develop a detailed plan to develop and implement the education learning and accountability system. The department shall contract with an independent third party to review and evaluate the plan and to monitor and evaluate the implementation.
E. The department of education shall present the plan and the independent evaluation developed pursuant to subsection D of this section to the state board of education joint legislative budget committee for review and approval. The department of education shall continue to provide quarterly reports to the state board of education joint legislative budget committee, or on request, for review and approval of the state board of education joint legislative budget committee, on the development and implementation of the education learning and accountability system. All reports provided shall include progress and expenditures to date, timelines, and cost estimates for completion and the quarterly independent review.
F. Any contract awarded pursuant to subsection C or D of this section shall allow the superintendent of public instruction to renew the contracts for two subsequent periods of not more than three years each and shall prescribe the circumstances under which the superintendent of public instruction may terminate the contracts. The contracts shall allow this state to cancel any contract at any time after the first year of operation, without penalty to this state, on ninety days' written notice and shall require the contractor to be in compliance at all times with state and federal law.
G. Any contract awarded pursuant to subsection C or D of this section may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the contract's effective date. Any adjustment made pursuant to the terms of the contract must be applied to the total payments made to the contractor for the previous contract year and shall not exceed the percentage change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year. Any price or cost adjustments that are different than those authorized in this subsection may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.
H. The superintendent of public instruction shall not award a contract pursuant to this section unless:
1. The superintendent of public instruction receives an acceptable proposal pursuant to any request for proposals. For the purposes of this paragraph, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions prescribed in this section and in the request for proposals.
2. The proposal offers a level and quality of services that equal or exceed the services that would be provided by this state.
3. The contractor provides audited financial statements for the previous five years, or for each year that the contractor has been in operation if fewer than five years, and provides other financial information as requested.
I. The sovereign immunity of this state does not apply to any contractor who is a party to any contract pursuant to this section. The contractor or any agent of the contractor may not plead the defense of sovereign immunity in any action arising out of the performance of the contract.
J. The terms of any contract pursuant to this section are subject to review by the joint legislative budget committee before placement of any advertisement that solicits a response to a request for proposals. Any proposed modification or amendment to the contract is subject to prior review by the joint legislative budget committee.
K. During the first year of operation under a contract executed pursuant to this section, the contracting entity shall submit monthly reports to the department of education as prescribed by the department. After the first year of operation under the contract, the contracting entity shall submit quarterly reports to the department as prescribed by the department.
L. At the end of the second year of a contract executed pursuant to this section, an independent evaluator selected by the superintendent of public instruction shall conduct and complete a performance review to determine if the contracting entity has met the goals specified in the contract. The independent evaluator shall submit a report of the independent evaluator's findings to the governor, the president of the senate and the speaker of the house of representatives on or before May 1, and shall provide a copy of this report to the secretary of state.
Sec. 2. Section 15-249.01, Arizona Revised Statutes, is amended to read:
15-249.01. Data governance commission; membership; terms; duties
A. The data governance commission is established in the department of education consisting of:
1. The chief technology managers, or the managers' designees, of each of the universities under the jurisdiction of the Arizona board of regents.
2. The chief technology manager, or the manager's designee, of a community college district located in a county with a population of eight hundred thousand persons or more who has expertise in technology and who is appointed by the governor.
3. The chief technology manager, or the manager's designee, of a community college district located in a county with a population of less than eight hundred thousand persons who has expertise in technology and who is appointed by the governor.
4. The chief executive officer of the Arizona early childhood development and health board or the chief executive officer's designee.
5. An officer or employee of a school district located in a county with a population of eight hundred thousand persons or more who has expertise in technology and who is appointed by the governor.
6. An officer or employee of a school district located in a county with a population of less than eight hundred thousand persons who has expertise in technology and who is appointed by the governor.
7. An officer or employee of a charter school located in a county with a population of eight hundred thousand persons or more who has expertise in technology and who is appointed by the president of the senate.
8. An officer or employee of a charter school located in a county with a population of less than eight hundred thousand persons who has expertise in technology and who is appointed by the speaker of the house of representatives.
9. Two representatives of the business community, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
10. The director of the department of administration or the director's designee.
10. 11. The superintendent of public instruction or the superintendent's designee.
B. The initial appointed members shall assign themselves by lot to terms of two, three and four years in office. All subsequent appointed members of the commission shall serve four year terms. The chairperson shall notify the governor, the speaker of the house of representatives and the president of the senate on appointments of these terms. Members of the commission shall elect a chairperson from among the members of the commission. Members of the commission shall not receive compensation. The department of education shall provide adequate staff support for the commission.
C. The commission shall identify, examine and evaluate the needs of public institutions who that provide instruction to pupils in preschool programs, kindergarten programs, grades one through twelve and postsecondary programs in Arizona and shall:
1. Establish guidelines related to the following:
(a) Managed data access.
(b) Technology.
(c) Privacy and security.
(d) Adequacy of training.
(e) Adequacy of data model implementation.
(f) Prioritization of funding opportunities.
(g) Resolution of data conflicts.
(h) The form and format of data elements that are required for state and federal reporting and interagency data sharing.
2. Provide recommendations on technology spending.
3. Provide analyses and recommendations of the following:
(a) The control of data confidentiality and data security for stored data and data in transmission.
(b) Access privileges and access management.
(c) Data audit management, including data quality metrics, sanctions and incentives for data quality improvement.
(d) Data standards for stored data and data in transmission, including rules for definition, format, source, provenance, element level and contextual integrity.
(e) Documentation standards for data elements and systems components.
(f) Data archival and retrieval management systems, including change control and change tracking.
(g) Publication of standard and ad hoc reports for state and local level use on student achievement.
(h) Publication of implementation timelines and progress.
4. Ensure that the guidelines and recommendations adopted pursuant to this subsection reduce duplication and administrative requirements for public schools, postsecondary institutions and public agencies.
4. 5. Submit an annual report on or before December 1 regarding the commission's activities to the governor, the speaker of the house of representatives and the president of the senate. The data governance commission shall provide copies of this report to the secretary of state.
Sec. 3. Section 15-828, Arizona Revised Statutes, is amended to read:
15-828. Birth certificate; school records; exception
A. On enrollment of a pupil for the first time in a particular school district or private school offering instruction to pupils in any kindergarten programs or grades one through twelve, that school or school district shall notify the person enrolling the pupil in writing that within thirty days the person must provide one of the following:
1. A certified copy of the pupil's birth certificate.
2. Other reliable proof of the pupil's identity and age, including the pupil's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.
3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.
B. If a child is instructed at home pursuant to section 15‑802, the person who has custody of the child shall, within thirty days after the home instruction begins, provide to the county school superintendent of the county in which the child resides one of the following:
1. A certified copy of the child's birth certificate.
2. Other reliable proof of the child's identity and age, including the child's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.
3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.
C. On presentation of a document pursuant to this section, a photocopy of the document shall be placed in the pupil's file and the document that is presented shall be returned.
D. A pupil shall be enrolled in the school or school district, or the county school superintendent shall record the pupil's name, using the name that is printed on the birth certificate, other reliable proof of the pupil's identity, or letter from an agency having custody of the pupil provided pursuant to this section. This subsection does not prohibit a school or school district from calling a pupil by any name the pupil's parent or guardian wishes the pupil to be called.
D. e. On the failure of a person enrolling a pupil or instructing a child at home to comply with subsection A or B of this section, the school, school district or county school superintendent shall notify that person in writing that, unless the person complies within ten days, the case shall be referred to the local law enforcement agency for investigation. If compliance is not obtained within the ten day period, the school, school district or county school superintendent shall refer the case to the local law enforcement agency.
E. f. The school, school district or county school superintendent shall immediately report to the local law enforcement agency any affidavit received pursuant to this section which appears inaccurate or suspicious in form or content.
F. g. Within five school days after enrolling a transfer pupil from a private school or another school district, a school shall request directly from the pupil's previous school a certified copy of the pupil's record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. Notwithstanding any financial debt owed by the pupil, any school requested to forward a copy of a transferring pupil's record to the new school shall comply and forward the record within ten school days after receipt of the request unless the record has been flagged pursuant to section 15‑829. If the record has been flagged, the requested school shall not forward the copy and shall notify the local law enforcement agency of the request. School districts shall include in the educational records required by this subsection data collected pursuant to sections 15‑741 and 15‑766, as prescribed by the state board of education.
G. h. Any disclosure of educational records by the school district or charter school shall comply with the family educational rights and privacy act of 1974 (20 United States Code section 1232g).
H. i. The provisions of this section do not apply to homeless pupils as defined in section 15‑824, subsection C.
Sec. 4. Section 15-1041, Arizona Revised Statutes, is amended to read:
15-1041. Student accountability information system
The student accountability information system is established to enable school districts, joint technical education districts and charter schools to transmit student level data and school finance data electronically through the internet to the department of education for the purposes of complying with the statutory obligations of the department of education and the state board of education.
Sec. 5. Section 15-1042, Arizona Revised Statutes, is amended to read:
15-1042. Timeline; student level data; definition
A. The department of education shall notify school districts, joint technical education districts and charter schools of electronic data submission procedures and shall distribute a list of the specific student level data elements, including the statutory or regulatory reference for each data element, that school districts, joint technical education districts and charter schools are required to submit. The department of education shall not make any changes to the student level data elements to be collected unless the student level data element has been reviewed and adopted by the data governance commission established by section 15‑249.01. except for the following:
1. Student attendance data for a joint technical education district, including entry date and exit date, for classes that count towards the student's graduation requirements as provided for in section 15‑701.01.
2. Student attendance data for a community college, unless the college is owned, operated or chartered by an Indian tribe, including entry date and exit date, for classes that count towards the student's graduation requirements as provided for in section 15‑701.01.
B. Each school district, joint technical education district and charter school shall submit electronic data on a school by school basis, including student level data, to the department of education in order for the school district, joint technical education district or charter school to receive monies for the cost of educating students pursuant to this title.
C. The department of education shall grant a school district, joint technical education district or charter school an extension to the deadline for the submission of student level data or may provide for an alternative method for the submission of student level data if the school district, joint technical education district or charter school proves that good cause exists for the extension, and the school district, joint technical education district or charter school shall continue to receive monies for the cost of educating students pursuant to this title. The request by a school district or charter school for an extension of the deadline for the submission of student level data pursuant to this subsection shall include a justification for the extension and the status of current efforts towards complying with the submission of student level data.
D. A pupil or the parent or guardian of a pupil shall not be required to submit data that does not relate to the provision of educational services or assistance to the pupil.
E. Each student level data element shall include a statutory reference to the law that necessitates its collection.
F. E. Unless otherwise prescribed, school districts, joint technical education districts and charter schools shall begin to report new data elements on July 1 of the year that follows the effective date of the law that requires the collection of the data.
G. F. Student level data items submitted to the department of education by school districts, joint technical education districts and charter schools pursuant to this section shall not be used to adjust funding levels or calculate the average daily membership for the purpose of funding school districts at any time other than the fortieth, one hundredth and two hundredth days of the school year.
H. G. A school district, joint technical education district or charter school is not required to submit student level data to the department of education more often than once every twenty school days.
I. H. Notwithstanding subsection L J of this section, the student level data shall include reasons for the withdrawal if reasons are provided by the withdrawing pupil or the pupil's parent or guardian. For the purposes of this subsection, the department of education shall include in the specific student level data elements that school districts, joint technical education districts and charter schools are required to submit data relating to students who withdraw from school because the student is pregnant or because the student is the biological parent of a child.
J. The department of education shall adopt guidelines to remove outdated student level data collected by school districts and charter schools from the student accountability information system.
K. I. All student level data collected pursuant to this section is confidential and is not a public record. The data collected may be used for aggregate research and reporting and for providing access of student level data to school districts, joint technical education districts, charter schools, community colleges and universities under the jurisdiction of the arizona board of regents.
L. J. For the purposes of this section, "student level data" means all data elements that are compiled and submitted for each student in this state and that are necessary for the completion of the statutory requirements of the department of education and the state board of education relating to the calculation of funding for public education, the determination of student academic progress as measured by student testing programs in this state, state and federal reporting requirements and other duties prescribed to the department of education or the state board of education by law. Student level data does not include data elements related to student behavior, discipline, criminal history, medical history, religious affiliation, personal physical descriptors or family information not authorized by the parent or guardian of the pupil or otherwise required by law.
Sec. 6. Section 15-1043, Arizona Revised Statutes, is amended to read:
15-1043. Student level data; confidentiality
A. Any disclosure of educational records compiled by the department of education pursuant to this article shall comply with the family educational rights and privacy rights act (20 United States Code section 1232g).
B. Student level data is the property of the school district or charter school and may not be updated unless the change is authorized by the school district, joint technical education district or charter school.
C. The department of education shall adopt policies and procedures to allow access of student level data for currently enrolled students to school districts, joint technical education districts and charter schools.
