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:

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).