Bill Text: CA AB72 | 2009-2010 | Regular Session | Amended


Bill Title: Pupil data.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB72 Detail]

Download: California-2009-AB72-Amended.html
BILL NUMBER: AB 72	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2009

INTRODUCED BY   Assembly Member Duvall

                        DECEMBER 12, 2008

   An act to add Section 49079.5 to the Education Code, relating to
pupil data.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 72, as amended, Duvall. Pupil data.
   (1) Existing federal law requires schools and educational agencies
receiving federal financial assistance to comply with specified
provisions regarding the release of pupil data. State law prescribes
additional rules relating to the authorized release of pupil data.
   Under existing law, the State Department of Education is required
to contract for the development of proposals to provide for the
retention and analysis of longitudinal pupil achievement data on the
tests administered pursuant to the Standardized Testing and Reporting
Program (STAR), the English language development tests, and the high
school exit exam. This longitudinal achievement data, known as the
California Longitudinal Pupil Achievement Data System, is required to
be used to accomplish specified goals, including providing school
districts and the department access to the data necessary to comply
with federal reporting requirements, as specified, providing a better
means of evaluating educational progress and investments over time,
providing local educational agencies with information that can be
used to improve pupil achievement, and providing an efficient,
flexible, and secure means of maintaining longitudinal statewide
pupil data.
   This bill would require the  California  
State  Chief Information Officer to manage the data of local
educational agencies through the California Longitudinal Pupil
Achievement Data System. The bill would authorize local educational
agencies to share data with each other through the California
Longitudinal Pupil Achievement Data System. The bill would require
the State Chief Information Officer to establish a pupil data team
composed of specified persons to provide input and make
recommendations to the State Chief Information Officer regarding
policy and procedures, including, but not limited to, the
functionality of the California Longitudinal Pupil Achievement Data
System data and response to requests for data. The pupil data team
would be required to comply with specified requirements.
   (2) Under the Information Practices Act of 1977, state agencies
are prohibited from disclosing any personal information in a manner
that would link the information disclosed to the individual to whom
it pertains unless specified conditions are met. Existing law
authorizes state agencies to release personally identifiable data to
the University of California or a nonprofit educational institution
conducting scientific research, provided the request for information
is approved by the Committee for the Protection of Human Subjects
(CPHS) for the California Health and Human Services Agency. Existing
law authorizes the CPHS to enter into written agreements to enable
other institutional review boards to provide the required data
security approvals, as specified.
   This bill would require the State Chief Information Officer to
establish an institutional review board to review and respond to all
requests for individually identifiable data, if authorized to do so
by the CPHS. The bill would require the institutional review board to
comply with specified requirements to protect individually
identifiable data. The bill would require the State Chief Information
Officer to adopt regulations to establish detailed criteria and
procedures for the institutional review board to review and respond
to data requests. 
   The bill would require the entity charged with governing the
California Longitudinal Pupil Achievement Data System to make
available to the public an online query tool for the purpose of
facilitating online searches for aggregate data. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49079.5 is added to the Education Code, to
read:
   49079.5.  (a) To the extent permissible under the federal Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et
seq.) and related regulations (FERPA), the State Chief Information
Officer shall manage the data of local educational agencies through
the California Longitudinal Pupil Achievement Data System.
   (b) To the extent permissible under FERPA, local educational
agencies may share data with each other through the California
Longitudinal Pupil Achievement Data System.
   (c) The State Chief Information Officer shall review and respond
to all requests for aggregate and individual nonpersonally
identifiable data.
   (d) The State Chief Information Officer shall establish an
institutional review board to review and respond to all requests for
individually identifiable data. The board's authority to review and
respond to requests is conditioned upon receiving approval by the
Committee for the Protection of Human Subjects for the California
Health and Human Services Agency pursuant to paragraph (4) of
subdivision (t) of Section 1798.24 of the Civil Code.
   (1) If authorized to respond to requests, the institutional review
board shall comply with subdivision (t) of Section 1798.24 of the
Civil Code and FERPA.
   (2) The State Chief Information Officer shall adopt regulations to
establish detailed criteria and procedures for the institutional
review board to review and respond to data requests.
   (e) The State Chief Information Officer shall establish a pupil
data team to provide input and make recommendations to the State
Chief Information Officer regarding policy and procedures, including,
but not limited to, the functionality of the California Longitudinal
Pupil Achievement Data System data and response to requests for data
by local educational agencies, parents, researchers, and others.
   (1) The pupil data team shall be broadly representative of
educational stakeholders and shall include the following members:
   (A) Two school district superintendents selected by the
Association of California School Administrators.
   (B) Two representatives of county offices of education selected by
the California County Superintendents Educational Services
Association.
   (C) One representative from the state board selected by members of
the state board.
   (D) One representative from the department selected by the
Superintendent.
   (E) One representative from the research community selected by
EdSource.
   (F) One representative from California School Information
Services.
   (G) The State Chief Information Officer or his or her designee,
who shall serve as chair of the pupil data team.
   (2) The members of the pupil data team shall serve without
compensation. The members may be reimbursed for actual and necessary
travel expenses incurred in the course of carrying out the duties of
the pupil data team.
   (3) The members of the pupil data team who are selected by
associations or agencies shall serve at the pleasure of their
respective appointing authorities. Members designated in
subparagraphs (A) to (E), inclusive, shall serve two-year terms, and
if vacancies occur during the term, the respective appointing
authorities designated in subparagraphs (A) to (E), inclusive, may
appoint a successor. 
   (f) The entity charged with governing the California Longitudinal
Pupil Achievement Data System shall make available to the public an
online query tool for the purpose of facilitating online searches for
aggregate data. The governing entity shall comply with all federal
privacy laws, including FERPA, in implementing this subdivision.
     
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