[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3253 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3253

To amend the Elementary and Secondary Education Act of 1965 to provide 
               for the use of longitudinal data systems.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2007

  Mr. Holt (for himself and Mrs. McCarthy of New York) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to provide 
               for the use of longitudinal data systems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Measuring and Evaluating Trends for 
Reliability, Integrity, and Continued Success Act''.

SEC. 2. DATA SYSTEMS AND REQUIREMENTS.

    Subpart 1 of part A of title I of the Elementary and Secondary 
Education Act of 1965 is amended by adding at the end the following:

``SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS.

    ``(a) In General.--A State that receives funds under this part 
shall, not later than 4 years after the date of the enactment of this 
section, develop and implement a longitudinal data system, which shall 
include public charter schools, that meets the requirements of this 
section.
    ``(b) Advisory Committee.--
            ``(1) In general.--In developing the data system described 
        in subsection (a), each State that receives funds under this 
        section shall form a committee to advise the State on the 
        development and implementation of such system. Such committee 
        shall be established within 6 months of the date of enactment 
        of this section.
            ``(2) Membership.--Each individual serving on the committee 
        established under paragraph (1) shall be selected by the State 
        and have sufficient experience in and knowledge of the 
        development, implementation, maintenance, and use of such data 
        systems. In establishing the membership of the committee, each 
        State shall ensure that individuals on such committee have the 
        following backgrounds and experience:
                    ``(A) Operating unions that represent teachers.
                    ``(B) Teaching in public elementary and secondary 
                schools.
                    ``(C) Administering programs under this Act.
                    ``(D) Operating or representing businesses.
                    ``(E) Civil rights.
                    ``(F) Academic and research.
    ``(c) Essential Elements.--The data system required by subsection 
(a) shall include the following elements:
            ``(1) A unique statewide student identifier that remains 
        stable and consistent across time.
            ``(2) Student-level enrollment, demographic, and program 
        participation information, including information on individual 
        students' membership in the groups described under section 
        1111(b)(2)(C), school, grade, classroom level, enrollment, and 
        attendance.
            ``(3) The ability to match individual students' scores on 
        academic assessments required under this Act from year to year.
            ``(4) Information described in paragraph (2) on students 
        that have not participated in the academic assessments required 
        under section 1111(b)(3) and the reasons such students did not 
        participate.
            ``(5) Student-level data on the entrance and exit of the 
        education system of each student, including first time grade 
        enrollment, grade level retention, verified transfer status, 
        dropout rates, receipt of established diploma or nonstandard 
        diploma, receipt of a GED, incarceration, and death.
            ``(6) A statewide audit system to ensure the quality, 
        validity, and reliability of data in such system.
            ``(7) A unique statewide teacher identifier that remains 
        consistent over time and matches all student records described 
        in this subsection to the appropriate teacher.
            ``(8) Student-level transcript information, including 
        information on courses completed and grades earned.
            ``(9) Ability to link information from preschool through 
        grade 12, including that of students with disabilities, to data 
        systems in higher education, and to gather information on 
        college enrollment, placement, persistence, and attainment, and 
        ability to link data systems to data from workforce 
        development, unemployment insurance, child welfare, juvenile 
        justice, and military services information systems.
    ``(d) Other Element.--The data system required by subsection (a) 
may include student-level data on participation in and performance on 
college admissions and placement assessments.
    ``(e) Requirements.--The data system required by subsection (a) 
shall be developed and implemented to ensure the following:
            ``(1) The privacy of student records, consistent with the 
        Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 
        1232g).
            ``(2) Effective data architecture and storage, including 
        standard definitions and formatting, and warehousing, including 
        the ability to link student records over time and across 
        databases and to produce standardized or customized reports for 
        use by local educators and policymakers, that--
                    ``(A) is based on informational needs at the 
                classroom, school, local educational agency, State, and 
                Federal levels;
                    ``(B) includes, at a minimum, all data elements 
                required for reporting under this Act;
                    ``(C) allows for longitudinal analysis of student 
                achievement growth and program evaluations; and
                    ``(D) supports analyses and research to evaluate 
                the effectiveness of education related programs and 
                initiatives.
            ``(3) Interoperability among software interfaces utilized 
        to input, access, and analyze the data of such system.
            ``(4) Interoperability with the other State and local 
        systems developed and implemented pursuant to this section.
            ``(5) Interoperability with the system linking migratory 
        student records required under part C.
            ``(6) Electronic portability of data and records.
            ``(7) Professional development for those that use and 
        operate such system.
            ``(8) Researcher access to the data in such system, 
        consistent with the Family Educational Rights and Privacy Act 
        of 1974 (20 U.S.C. 1232g).
            ``(9) The data described in subsection (c)(7) shall not be 
        used in a manner that reduces the rights or remedies of 
        employees under any other Federal, State, or local law or under 
        any collective bargaining agreement or memorandum of 
        understanding.
    ``(f) Preexisting Data Systems.--A State that developed and 
implemented a longitudinal data system prior to the date of the 
enactment of this section may use that system for the purpose of this 
section, if the system otherwise meets the requirements of this 
section.
    ``(g) Certification.--Prior to the implementation of the data 
system required by subsection (a), a State shall submit an 
independently conducted audit to the Secretary certifying that the data 
system developed and proposed to be implemented by the State pursuant 
to this section meets the requirements of this section.
    ``(h) Authorization of Appropriations.--For the purposes of meeting 
the requirements of this section, there are authorized to be 
appropriated $150,000,000 for fiscal year 2008 and each of the 3 
succeeding fiscal years.
    ``(i) Allocation.--After reserving funds under subsection (j), from 
the funds appropriated under subsection (h), each State shall receive 
an allocation. In making such allocation, the Secretary shall allocate 
50 percent of such funds in a manner that provides an equal amount to 
each State. The remainder of such funds shall be allocated to each 
State based on each State's enrollment of students in kindergarten 
through grade 12, compared to all States.
    ``(j) Application.--The Secretary shall allot the funds described 
in subsection (i) after the State submits an application for such funds 
at such time, in such manner, and containing such information, as the 
Secretary may require.
    ``(k) Penalties.--Where any State is found not to have made 
substantial progress toward implementation of such a system three years 
after the date of the enactment of this section, the Secretary may 
withhold up to 25 percent of the State's funds reserved under section 
1004.
    ``(l) Allowable Uses of Funds.--After the Secretary's certification 
of the State's data system pursuant to subsection (e), the State may 
use the funds received under this section to--
            ``(1) maintain, operate, and upgrade its data systems;
            ``(2) provide data integrity training at the school and 
        local educational agency levels to address technology 
        maintenance needs at the school and district levels, privacy 
        policies (including training related to the Family Educational 
        Rights and Privacy Act of 1974), data integrity issues, report 
        planning and processes;
            ``(3) provide professional development to teachers, office 
        personnel, and school and district administrators on how to 
        appropriately collect, report, and use data;
            ``(4) develop processes to analyze and disseminate best 
        practices, strategies, and approaches regarding pedagogical 
        advancement that will leverage the data system to enhance 
        teaching and learning, including creating opportunities for 
        individualized instruction;
            ``(5) align statewide longitudinal data systems with local 
        student information management systems and curriculum 
        management systems, instructional management systems, or 
        learning management systems; or
            ``(6) conduct and publicly report on the findings of data 
        analyses to identify and fill areas in need of improvement in 
        policy and instructional practice.
    ``(m) Reservation for State Education Data Center.--
            ``(1) In general.--From funds appropriated under subsection 
        (g), the Secretary shall reserve 1 percent, but no more than 
        $2,000,000, for the purpose of awarding a grant to one or more 
        nonprofit entities to support the operation of a State 
        education data center.
            ``(2) Application.--A nonprofit entity that desires a grant 
        under this subpart shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may require. The Secretary shall 
        award such grant through a competitive process. Each 
        application for a grant shall--
                    ``(A) provide an assurance that the entity will 
                seek private, non-Federal funds, in addition the funds 
                awarded under this subsection, to support the operation 
                of the State education data center;
                    ``(B) include a plan for continued financial 
                support of such center by private, non-Federal funds; 
                and
                    ``(C) describe the experience and knowledge 
                pertaining to education data system development, 
                implementation and use that the entity will employ to 
                operate such center.
            ``(3) Uses of funds.--An entity which receives grant funds 
        under this subsection shall use such funds to--
                    ``(A) provide technical assistance to the States in 
                the development, implementation and user of State 
                education longitudinal data systems required under this 
                section;
                    ``(B) disseminate best practices on the 
                development, implementation, and use of such systems; 
                and
                    ``(C) serve as a central repository for education 
                and school safety related data required under this Act.
            ``(4) Public access.--An entity which receives grant funds 
        under this subsection shall make such data publicly available, 
        consistent with the Family Educational Rights and Privacy Act 
        of 1974 (20 U.S.C. 1232g).''.
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