BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1298
Author: Simitian (D), et al
Amended: 8/15/08
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 4/17/08
AYES: Scott, Alquist, Denham, Padilla, Romero, Simitian,
Torlakson
NO VOTE RECORDED: Wyland, Maldonado
SENATE APPROPRIATIONS COMMITTEE : 8-4, 5/22/08
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Simitian, Yee
NOES: Cox, Aanestad, Ashburn, Dutton
NO VOTE RECORDED: Ridley-Thomas, Runner, Wyland
SENATE FLOOR : 28-11, 5/27/08
AYES: Ackerman, Alquist, Calderon, Cedillo, Corbett,
Correa, Denham, Ducheny, Florez, Kehoe, Kuehl, Lowenthal,
Machado, Maldonado, Migden, Negrete McLeod, Oropeza,
Padilla, Perata, Ridley-Thomas, Romero, Scott, Simitian,
Steinberg, Torlakson, Vincent, Wiggins, Yee
NOES: Aanestad, Ashburn, Battin, Cogdill, Cox, Dutton,
Harman, Hollingsworth, Margett, McClintock, Runner
NO VOTE RECORDED: Wyland
ASSEMBLY FLOOR : 47-31, 8/18/08 - See last page for vote
SUBJECT : California education information
SOURCE : Author
CONTINUED
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DIGEST : This bill establishes processes by which local
education agencies and public institutions of higher
education issue, maintain, and report information using the
unique state wide student identifiers required under
current law. The bill (a) convenes a high-level working
group to decide the best governance structure for the data
system, (b) directs the State Chief Information Officer to
prepare a strategy plan outlining a clear path for
technical implementation, and (c) requires the various
education segments to begin using a common student
identifier, so that once a governance structure and
technical architecture are in place, records can be linked
from pre-K through the university.
Assembly Amendments make numerous changes, altering the
method but not the intent of the bill. As it left the
Senate, the bill provided for a Governing Board to oversee
the creation, management and maintenance of a comprehensive
longitudinal education data system, and provided for access
to the information and for privacy protections. The bill
now provides immediate movement on the technological
changes necessary for a data system and establishes a
process for coming to consensus on the governance of the
to-be-developed system. The amendments clarify that the
bill recommits the state to existing state data policy,
which provides for access to publicly held public data and
prohibits access to publicly held private data.
ANALYSIS : Current law provides for the California
Education Information System within the Department of
Education for the purpose of establishing and maintaining a
basic, integrated, statewide information system for
education.
This bill:
1. Establishes the Education Data and Information Act of
2008.
2. Makes legislative findings and declarations related to
the benefits of a well managed educational data system,
and states legislative intent regarding the design and
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priorities of that system.
3. Requires the California Department of Education (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 the California Longitudinal Pupil Achievement Data
System (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. Requires each of the three public higher education
systems to:
A. Establish a process by which colleges and
universities within those systems issue, maintain,
and report information using SSIDs.
B. Annually on or before April 1, provide the
Governor and the appropriate policy and fiscal
committees of the Legislature with a report that
includes a detailed timeline for the
implementation, maintenance, and use of the SSIDs.
5. Requires the State Chief Information Officer (CIO) to:
A. Convene a working group, representing the
Superintendent of Public Instruction (SPI), the
State Board of Education, the three systems of
California 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.
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B. Form a committee that includes school and
district administrators to be advisory to the
working group in a) above.
C. Deliver the strategic plan to the Legislature
and the Governor on or before September 1, 2009.
6. Requires the Commission on Teacher Credentialing (CTC),
State Board of Education (SBE), and CDE to provide the
CIO with non-personally identifiable individual or
aggregate educational data, as specified, in an agreed
upon format, in a timely manner according to an agreed
upon schedule, and at no cost to the CIO.
7. Requires that all state and local agencies, and their
officers and appointees, comply with all state and
federal privacy laws with respect to the
responsibilities imposed by this bill.
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; requires 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.
9. Applies the provisions of this bill to the University of
California (UC) only if the Regents of the UC make them
applicable by resolution.
Comments
Related legislation
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Several bills in this and previous sessions relate to
education data management. Among the most relevant from
this session are:
SB 1425 (Steinberg) allows the Department of Education to
assume the responsibilities of local educational agencies
regarding the release of data on individual pupils in
California longitudinal pupil achievement data system
(CALPADS) and authorizes the establishment of an
independent review committee within the Department to
review research requests and assure protection of privacy
and individual rights. On Assembly Third Reading File.
SB 1524 (Romero) requires that CALPADS be able to
disaggregate data related to Asian Pacific Islander pupils.
On Senate Unfinished Business File.
SB 1592 (Perata) requires the Superintendent to create a
committee to review and reduce duplication of requests made
to local educational agencies for data or reports. On
Assembly Third Reading File.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, in
order for each education segment to use and maintain a
statewide pupil identifier, there would be total one-time
General Fund administrative costs, likely between $250,000
and $500,000. Also, each segment would likely incur
moderate on-going costs to maintain these identifiers, and
minor absorbable costs to the CDE and CTC to provide data
to the CIO, as specified.
SUPPORT : (Verified 8/19/08)
Applied Survey Research
Bay Area Council
Business Roundtable for Education Foundation
California ACORN
California Association of School Business Officials
California Business for Education Excellence
California Community Colleges
California Competes
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Children Now
Education Trust West
Fight Crime: Invest in Kids California
First 5 California
Gavin Newsom, San Francisco Mayor
Los Angles Chamber of Commerce
PICO California
Preschool California
Public Advocates
REAL Coalition
San Francisco Chamber of Commerce
San Jose-Silicon valley Chamber of Commerce
Schoolwise Press
Silicon Valley Leadership Group
South and West Area Business Association
TechNet
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Berg, Brownley, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes,
Furutani, Galgiani, Hancock, Hayashi, Hernandez, Huffman,
Jones, Karnette, Krekorian, Laird, Leno, Levine, Lieber,
Lieu, Ma, Mendoza, Mullin, Nava, Nunez, Parra,
Portantino, Price, Ruskin, Salas, Saldana, Solorio,
Swanson, Torrico, Wolk, Bass
NOES: Adams, Aghazarian, Anderson, Benoit, Berryhill,
Blakeslee, Cook, DeVore, Duvall, Emmerson, Fuller,
Gaines, Garcia, Garrick, Horton, Houston, Huff, Jeffries,
Keene, La Malfa, Maze, Nakanishi, Niello, Plescia, Silva,
Smyth, Spitzer, Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Sharon Runner, Soto
NC:do 8/19/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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