[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2014 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2014

     To provide for statewide longitudinal data systems to improve 
      elementary and secondary education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2007

 Mr. Brown (for himself, Mrs. Clinton, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To provide for statewide longitudinal data systems to improve 
      elementary and secondary education, and for other purposes.

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

SECTION 1. BUILDING STATEWIDE LONGITUDINAL DATA SYSTEMS.

    (a) Grants Authorized.--The Secretary of Education is authorized to 
award 5-year grants, on a competitive basis, to State educational 
agencies to enable such agencies to design, develop, and implement 
statewide longitudinal data systems to efficiently and accurately 
collect, manage, analyze, disaggregate, and use individual student 
data, consistent with the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.).
    (b) Applications.--Each State educational agency desiring a grant 
under this section shall submit an application to the Secretary of 
Education at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require, including how the 
State will provide matching funds.
    (c) Matching Funds.--As a condition of receiving a grant under this 
section, a State shall provide non-Federal funds as follows:
            (1) Years 1 and 2.--In years 1 and 2 of the project funded 
        by the grant, not less than 1 non-Federal dollar for every 3 
        Federal dollars.
            (2) Years 3 and 4.--In years 3 and 4 of the project, not 
        less than 1 non-Federal dollar for every 1 Federal dollar.
            (3) Year 5.--In year 5 of the project, not less than 3 non-
        Federal dollars for every 1 Federal dollar.
    (d) Peer Review and Awarding of Grants.--In awarding grants under 
this section, the Secretary of Education shall use a peer review 
process that--
            (1) ensures technical quality (including validity and 
        reliability) and protects student privacy consistent with 
        section 183 of the Education Sciences Reform Act of 2002 (20 
        U.S.C. 9573); and
            (2) promotes the generation and accurate and timely use of 
        data that--
                    (A) is needed for States and local educational 
                agencies to comply with this Act, close achievement 
                gaps, and fulfill other reporting requirements; and
                    (B) is needed to facilitate research to improve 
                student academic achievement and close achievement 
                gaps.
    (e) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, other State or 
local funds used for developing statewide data systems.
    (f) Required Use of Funds.--A State that receives a grant under 
this section shall use the grant funds to build or upgrade a high 
quality robust statewide longitudinal data system that includes the 
elements and structures described in section 2.
    (g) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary of Education shall 
make publicly available a report on the implementation and 
effectiveness of Federal, State, and local efforts related to the goals 
of this section, including--
            (1) an analysis of States' progress in developing statewide 
        longitudinal data systems that include the elements and 
        structures required by subsection (f);
            (2) an evaluation of the ability of such systems to manage 
        individual student and personnel data consistent with this Act, 
        promote linkages across States, and protect student privacy 
        consistent with section 183 of the Education Sciences Reform 
        Act of 2002 (20 U.S.C. 9573);
            (3) an analysis of State practices regarding the use of 
        statewide longitudinal data systems, including increasing 
        educators' capacity to use data; and
            (4) an identification of best practices and areas for 
        improvement.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000,000 for fiscal year 2008 and for each of the 5 
succeeding fiscal years, for grants under this section.

SEC. 2. UNDERSTANDING THE CAPACITY OF CURRENT DATA SYSTEMS.

    (a) In General.--A State that receives a grant under section 1 
shall describe, in the State's State plan required under part A of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.), how, within 4 years of the date of enactment of 
this Act, the State will have in place a statewide longitudinal data 
system, which shall include information from students in public charter 
schools.
    (b) Essential Elements.--The data system required under subsection 
(a) shall include the following essential elements:
            (1) A unique statewide student identifier that remains 
        stable and consistent across time.
            (2) Information on an individual student's--
                    (A) school, grade, and classroom-level enrollment;
                    (B) membership in a demographic group specified in 
                section 1111(b)(2)(C)(v)(II) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(C)(v)(II));
                    (C) attendance;
                    (D) participation in--
                            (i) a program under part A of title I of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 6311 et seq.);
                            (ii) a program for English language 
                        learners;
                            (iii) a bilingual education program;
                            (iv) a program under part C of title I of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 6391 et seq.); or
                            (v) a program under subpart 6 of part D of 
                        title V of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7253a et 
                        seq.); and
                    (E) eligibility for--
                            (i) a free or reduced-price lunch under the 
                        Richard B. Russell National School Lunch Act 
                        (42 U.S.C. 1751 et seq.); or
                            (ii) special education and related 
                        services.
            (3) The ability to match an individual student's score on 
        an academic assessment, including an assessment specified under 
        section 1111(b)(3) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6311(b)(3)), from year to year to 
        measure academic growth.
            (4) Information on students who were not tested, as 
        required under section 1111 of the Elementary and Secondary 
        Education Act of 1965, and the reasons the students were not 
        tested.
            (5) A unique, statewide teacher identifier that remains 
        stable and consistent over time and matches student records to 
        the appropriate teacher. Any use of such data beyond 
        identifying professional development needs of teachers or 
        revising instructional methods and curricula (including use of 
        such data for compensation, job evaluation, continued 
        employment, or other employment decisions) shall not reduce the 
        rights or remedies of employees under any other Federal, State, 
        or local law, collective bargaining agreement, or memorandum 
        understanding.
            (6) Student-level transcript information, including 
        information on courses completed and grades earned.
            (7) Student-level data on participation in and performance 
        on college admissions or placement assessments, or both.
            (8) Student-level data on students' entrance to and exit of 
        the education system, including first time grade-level 
        enrollment, grade-level retention, verified transfer status, 
        drop-out status, receipt of standard diploma or nonstandard 
        diploma, receipt of GED, incarceration, and death.
            (9) Ability to link information from preschool through 
        grade 12 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.
            (10) A statewide data audit system assessing data quality, 
        validity, and reliability.
            (11) Teacher elements, including grade levels and subjects 
        of teaching assignments, major and minor undergraduate area of 
        study, preparation program participation, certification status, 
        professional development program participation, years of 
        teaching expertise, and highly qualified (as defined in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801)) status. Such teacher elements shall be aligned to 
        the stable, unique, consistent statewide teacher identifier.
    (c) Structures Required.--The data system required under subsection 
(a) shall also include structures 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, 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.
            (3) Interoperability, utilizing established open technical 
        standards, among software interfaces utilized to collect, 
        analyze, report out, and share the data of such system.
            (4) Interoperability, utilizing established open technical 
        standards, with the other State and local systems developed and 
        implemented pursuant to this section.
            (5) Interoperability, utilizing established open technical 
        standards, with the system linking migrant student records 
        required under part C of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.).
            (6) Electronic portability of data and records across local 
        educational agencies and between prekindergarten through grade 
        12 and postsecondary institutions within a State and across 
        States.
            (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).

SEC. 3. IMPROVING EDUCATION THROUGH BETTER USE OF DATA, ALIGNMENT OF 
              STATE AND DISTRICT DATA SYSTEMS, AND TRAINING AND 
              TECHNICAL ASSISTANCE.

    (a) Authorization.--The Secretary of Education is authorized to 
award grants, allocated 50 percent according to poverty and 50 percent 
according to student population, to State educational agencies to 
enable such agencies to implement activities to ensure the alignment 
and effective use of data systems.
    (b) Matching Funds.--As a condition of receiving a grant under this 
section, a State shall provide a match of not less than 1 non-Federal 
dollar for every 3 Federal dollars received under the grant.
    (c) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, other State or 
local funds used for enhancing capacity to use data systems.
    (d) Definitions.--In this section:
            (1) Student information management system.--The term 
        ``student information management system'' means an electronic 
        data system used to hold individual student and teacher 
        information, data, and records.
            (2) Curriculum management system, instructional management 
        system, or learning management system.--The term ``curriculum 
        management system'', ``instructional management system'', or 
        ``learning management system'' means an electronic software 
        system used by educators to regularly assess students' 
        performance as compared to standards and align specific and 
        individual curriculum activities to students' needs.
    (e) State Applications.--Each State educational agency desiring a 
grant under this section shall submit an application to the Secretary 
of Education at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require, including--
            (1) a description of how the State will build educator and 
        policymaker capacity to use data and data systems to improve 
        teaching and learning, increase student achievement and 
        outcomes, and close achievement gaps;
            (2) a description of how the State will support local 
        educational agencies in utilizing available data and collecting 
        and utilizing formative and other assessment data to 
        individualize instruction;
            (3) a description of how the State will utilize established 
        open technical standards to align statewide longitudinal data 
        systems with local student information management systems and 
        curriculum management systems, instructional management 
        systems, or learning management systems;
            (4) a description of how the State will work with local 
        educational agencies to analyze current resources at the school 
        and local educational agency level to ensure participating 
        jurisdictions have the technology, such as Internet 
        connections, computing power, software, servers, and hard disk 
        space, necessary to successfully implement the data collection, 
        reporting, assessment processes, and content delivery the 
        system demands; and
            (5) if the State plans to award subgrants, a description of 
        how the State will support local grant recipients in meeting 
        the purposes, goals, and requirements of this section.
    (f) State Required Use of Funds.--A State receiving a grant under 
this section shall use funds for activities that build educator and 
policymaker, at the local educational agency and school level, capacity 
to use data and data systems, such as--
            (1) providing data integrity training at the school and 
        local educational agency levels to address technology 
        maintenance needs at the school and local educational agency 
        levels, privacy policies (including training relating to the 
        Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 
        1232g)), data integrity issues, report planning, and processes;
            (2) providing professional development to teachers, office 
        personnel, and school and local educational agency 
        administrators to appropriately collect, report, and use data;
            (3) developing 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; and
            (4) aligning with the utilization of established open 
        technical standards, statewide longitudinal data systems with 
        local student information management systems and curriculum 
        management systems or instructional management systems.
    (g) Allowable Use of Funds.--A State receiving a grant under this 
section may use funds to--
            (1) hire and train dedicated personnel to support the 
        collection, submission, and public reporting of data 
        requirements under this Act and the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.);
            (2) provide students with individualized learning 
        opportunities based on data;
            (3) utilize established open technical standards to address 
        portability and interoperability of data among States, local 
        educational agencies, or schools;
            (4) utilize established open technical standards to connect 
        the statewide data system with other State systems, including 
        those with school funding information, employment information, 
        military information, child welfare, juvenile justice, and 
        postsecondary education;
            (5) conduct and publicly report on the findings of data 
        analyses to identify and fill areas in need of improvement in 
        policy and instructional practice; and
            (6) provide subgrants to local educational agencies, or 
        consortia of local educational agencies.
    (h) Local Applications.--To be eligible to receive a subgrant from 
a State educational agency under this section, a local educational 
agency, or consortium of local educational agencies, shall submit to 
the State educational agency an application at such time, in such 
manner, and accompanied by such information as the State educational 
agency may require, including--
            (1) a description of how the applicant will use funds under 
        this section to facilitate the use of data to improve teaching, 
        learning, and student outcomes;
            (2) a description of how the applicant will align its use 
        of funds under this section to the local educational agency 
        technology plan and to the local educational agency goals and 
        plans for improving student achievement under section 1112 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6312) and, if applicable, section 1116 of such Act (20 U.S.C. 
        6316);
            (3) a description of how the applicant will use funds to 
        promote the generation and accurate and timely use of data to 
        improve student academic achievement and close achievement 
        gaps; and
            (4) such other information as the State educational agency 
        may reasonably require.
    (i) Local Use of Funds.--
            (1) In general.--A local educational agency, or consortium 
        of local educational agencies, receiving a subgrant under this 
        section shall use the funds to--
                    (A) implement curriculum management systems, 
                instructional management systems, or learning 
                management systems, or other tools and resources to 
                facilitate the use of formative assessment and 
                individualized instruction to improve student 
                achievement;
                    (B) provide professional development, including--
                            (i) on-going and sustainable professional 
                        development addressing how to utilize 
                        curriculum management systems, instructional 
                        management systems, or learning management 
                        systems and formative assessments as a means to 
                        individualize instruction to improve student 
                        achievement;
                            (ii) professional development to tie 
                        curricular resources directly to standards, 
                        including digital resources addressing various 
                        learning styles; and
                            (iii) other activities to facilitate the 
                        use of data to improve teaching and learning; 
                        and
                    (C) improve systems and processes related to the 
                implementation and use of local student information 
                management systems, including professional development 
                and alignment with State systems.
            (2) Supplement, not supplant.--Funds made available under 
        this section shall be used to supplement, and not supplant, 
        other State or local funds available for local activities 
        described in this subsection.
    (j) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary of Education shall 
make publicly available a report on the implementation and 
effectiveness of Federal, State, and local efforts related to the uses 
of funds under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for fiscal year 
2008 and for each succeeding fiscal year.

SEC. 4. SUPPORTING THE STATE EDUCATION DATA CENTER.

    There are authorized to be appropriated such sums as may be 
necessary for contracts or grants as part of a jointly funded project 
for support of a State education data center and State educational data 
coordinators.
                                 <all>