[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3204 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3204

  To authorize the Secretary of Education to award grants to improve 
 access to, sharing of, and use of, education data to improve student 
                   outcomes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2010

 Mr. Brown of Ohio introduced the following bill; which was read twice 
and referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Education to award grants to improve 
 access to, sharing of, and use of, education data to improve student 
                   outcomes, 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. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Curriculum management system; instructional management 
        system; learning management system.--The terms ``curriculum 
        management system'', ``instructional management system'', and 
        ``learning management system'' mean 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.
            (2) Early warning indicators.--The term ``early warning 
        indicators'' means student data used to identify and intervene 
        with students who are off-track to graduation or postsecondary 
        success.
            (3) Integrated statewide education longitudinal data 
        systems.--The term ``integrated statewide education 
        longitudinal data systems'' means 1 or more statewide data 
        systems that house and link individual students' longitudinal 
        early childhood, elementary, secondary, and postsecondary 
        education and workforce data.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 3. IMPROVING THE USE OF STATEWIDE LONGITUDINAL DATA SYSTEMS.

    (a) Grants Authorized.--The Secretary is authorized to award grants 
of not more than 5 years, on a competitive basis, to State educational 
agencies to enable such agencies to improve access to, sharing of, and 
use of, education data to improve student outcomes.
    (b) Eligibility.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a State educational agency shall have integrated 
        statewide education longitudinal data systems that includes the 
        following:
                    (A) The required data elements of a statewide 
                education longitudinal data system described in section 
                6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 
                9871(e)(2)(D)).
                    (B) The following design elements:
                            (i) Compliance with section 444 of the 
                        General Education Provisions Act (commonly 
                        known as the ``Family Educational Rights and 
                        Privacy Act of 1974'') (20 U.S.C. 1232g).
                            (ii) Ability to generate data easily for 
                        continuous improvement and decisionmaking such 
                        as timely reporting to parents, teachers, and 
                        school leaders about student achievement.
                            (iii) Ability to facilitate the exchange of 
                        data among agencies within a State and between 
                        States utilizing standard data structures, 
                        standards, formats, and data definitions.
                            (iv) A data warehouse, data repository, or 
                        systemic capacity to link statewide data 
                        systems that stores, organizes, and links 
                        student, school, and district information over 
                        time with the ability to customize queries.
                            (v) A State data audit process to ensure 
                        data quality, validity, and reliability.
            (2) Exception.--A State educational agencies is deemed to 
        satisfy the requirement of paragraph (1) if it demonstrates 
        that it has developed and is implementing a plan that will 
        result in the existence of integrated statewide education 
        longitudinal data systems described in such paragraph.
    (c) Uses of Funds.--
            (1) Required uses of funds.--A State educational agency 
        receiving a grant under this section shall use the funds to--
                    (A) expand the ability of integrated statewide 
                education longitudinal data systems to link student-
                level data across the prekindergarten to higher 
                education and workforce pipeline and across State 
                agencies, through activities such as--
                            (i) linking State data systems with early 
                        learning, postsecondary education, workforce, 
                        social services, and other critical State 
                        agency data systems, and linking data across 
                        programs and activities within State agencies;
                            (ii) identifying processes to guide data 
                        collection, sharing, and use; and
                            (iii) improving State data warehouses, 
                        repositories, or systemic capacity to link 
                        statewide data systems across agencies;
                    (B) improve opportunities to access, analyze, and 
                use data from integrated statewide education 
                longitudinal data systems, through activities such as--
                            (i) creating portals for teachers, leaders, 
                        parents, students, and the public to access 
                        data in a way that respects student and 
                        educator privacy and is appropriate to each 
                        stakeholder's role;
                            (ii) creating progress reports with 
                        individual student data that provide 
                        information educators, parents, and students 
                        can use to improve student performance;
                            (iii) creating reports that include 
                        longitudinal statistics on school systems and 
                        groups of students to guide school-, district-, 
                        and State-level improvement efforts; and
                            (iv) making data efficiently available to 
                        researchers, analysts, and evaluators, 
                        consistent with student and educator privacy 
                        protections, to facilitate the identification 
                        of effective programs and practices through 
                        data analysis; and
                    (C) build the capacity of teachers, leaders, 
                parents, students, researchers, and the public to use 
                longitudinal data for effective decisionmaking, through 
                activities such as--
                            (i) implementing strategies to ensure that 
                        educators know how to access, analyze, and use 
                        data appropriately, through activities such 
                        as--
                                    (I) 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 section 444 of the 
                                General Education Provisions Act 
                                (commonly known as the ``Family 
                                Educational Rights and Privacy Act of 
                                1974'') (20 U.S.C. 1232g)) data 
                                integrity issues, report planning, and 
                                processes;
                                    (II) providing professional 
                                development to teachers, office 
                                personnel, and school and local 
                                educational agency administrators about 
                                how to collect, verify, report, access, 
                                and use data;
                                    (III) embedding data and assessment 
                                literacy skills into credentialing 
                                requirements; or
                                    (IV) developing partnerships with 
                                pre-service educator programs to 
                                improve educators' data and assessment 
                                literacy;
                            (ii) raising public and policymaker 
                        awareness of available data and how to access, 
                        analyze, and use it;
                            (iii) collaborating with universities, 
                        researchers, organizations, intermediaries, or 
                        other experts to conduct research using 
                        longitudinal data;
                            (iv) training 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.); and
                            (v) building State agency capacity for 
                        research, analyses, and evaluation using 
                        longitudinal data.
            (2) Allowable uses of funds.--A State educational agency 
        receiving a grant under this section may provide funds to local 
        educational agencies, consortia of local educational agencies, 
        and institutions of higher education for activities to improve 
        capacity of educators to use longitudinal data for effective 
        decisionmaking.
    (d) Applications.--Each State educational agency desiring a grant 
under this section shall submit an application to the Secretary that 
includes the following:
            (1) A description of how the State's data system currently 
        meets the eligibility requirements of subsection (b) through--
                    (A) a demonstration of the State data system's 
                current capabilities; and
                    (B) a description of plans and funding already in 
                place to meet those requirements.
            (2) A description of the State's integrated statewide 
        education longitudinal data systems' current ability to match 
        student-level postsecondary education data to data from other 
        State systems, including workforce development, unemployment 
        insurance, child welfare, juvenile justice, military services 
        information systems, and migrant students records system.
            (3) A description of previous Federal and non-Federal funds 
        the State has received for building and expanding integrated 
        statewide education longitudinal data systems, including funds 
        received under section 208 of the Educational Technical 
        Assistance Act of 2002 (20 U.S.C. 9607) and section 6401 of the 
        America COMPETES Act (20 U.S.C. 9871).
            (4) A description of how activities funded under the grant 
        will align, coordinate with, and advance related activities 
        funded through other Federal programs, including the programs 
        under section 208 of the Educational Technical Assistance Act 
        of 2002 (20 U.S.C. 9607) and section 6401 of the America 
        COMPETES Act (20 U.S.C. 9871), early childhood education 
        programs, and workforce development programs.
            (5) A description of how the activities funded under the 
        grant will promote the sharing of best practices related to 
        data collection, access, and usage.
            (6) A description of how the activities funded under the 
        grant will advance the utility of integrated statewide 
        education longitudinal data systems.
            (7) A description of how the State will coordinate the 
        development of integrated statewide education longitudinal data 
        systems linking early childhood, elementary, secondary, 
        postsecondary, and workforce data with local educational 
        agencies using common data standards and definitions to ensure 
        comparability and interoperability throughout the State.
            (8) A description of how the State will enable the exchange 
        of data with local educational agencies by utilizing standard 
        data structures, standards, formats, and data definitions.
            (9) A budget that details how grant funds and other 
        resources will be used to carry out the activities described in 
        subsection (c).
            (10) If awarding subgrants under subsection (c)(2), a 
        description of the process for selecting, monitoring, and 
        evaluating subgrantees.
            (11) An assurance that the State has a long-term commitment 
        to implementing and supporting its integrated statewide 
        education longitudinal data systems.
            (12) A description of the State's governance structure that 
        defines data collection, access, and use.
            (13) Other information as reasonably required by the 
        Secretary.
    (e) Student Privacy.--The data system required by subsection (b)(1) 
may provide for the disclosure of personally identifiable information 
from students' education records, without written parental consent, 
between the system and authorized representatives of State or local 
public agencies responsible for early childhood education, 
postsecondary education, workforce development, unemployment insurance, 
child health and welfare, mental health, juvenile justice, or child 
protective services to address the education, employment, and social 
welfare needs of individuals that they serve and to evaluate or audit 
such program if interagency agreements or State laws or regulations 
provide for the protection of that information in a manner which will 
not permit the personal identification of students and their parents by 
other than representatives of such agencies with a legitimate interest 
to carry out these purposes.
    (f) Awarding of Grants.--
            (1) Peer review.--In awarding grants under this section, 
        the Secretary shall use a peer review process that--
                    (A) ensures that the selected proposals have 
                technical quality, validity, and reliability;
                    (B) promotes linkages across States; and
                    (C) protects student privacy consistent with 
                section 444 of the General Education Provisions Act 
                (commonly known as the ``Family Educational Rights and 
                Privacy Act of 1974'') (20 U.S.C. 1232g).
            (2) Competitive priority.--The Secretary and peer review 
        process shall give a competitive priority to--
                    (A) States that propose coordinating efforts with 
                local educational agencies; and
                    (B) States that propose to coordinate efforts or 
                work together.
            (3) Grant period.--The Secretary shall award a grant under 
        this section for a period of not more than 5 years.
    (g) 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 integrated statewide education 
longitudinal data systems linking early childhood, elementary, 
secondary, postsecondary, and workforce data.
    (h) Report.--Not later than 1 year after the awarding of grants 
under this section, and annually thereafter, the Secretary shall make 
publicly available a report on the implementation and effectiveness of 
uses of funds under this section.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $65,000,000 for fiscal year 2011 
and for each succeeding fiscal year.

SEC. 4. IMPROVING LOCAL USE OF DATA TO IMPROVE STUDENT OUTCOMES.

    (a) Grants Authorized.--The Secretary is authorized to award grants 
of not more than 5 years of sufficient size and scope, on a competitive 
basis, to eligible local educational agencies, or consortia of eligible 
local educational agencies, to improve educators' use of data to 
improve teaching, learning, and student outcomes.
    (b) Eligibility.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a local educational agency shall be high need.
            (2) Definitions.--In this subsection:
                    (A) Graduation rate.--The term ``graduation rate'' 
                has the meaning given the term in section 
                1111(b)(2)(C)(vi) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)), as 
                clarified in section 200.19(b)(1) of title 34, Code of 
                Federal Regulations.
                    (B) High need.--The term ``high need'', when used 
                with respect to a local educational agency, means that 
                the agency--
                            (i) is eligible for assistance under part A 
                        of title I of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311 et seq.); 
                        and
                            (ii) serves at least 1 school that is--
                                    (I) in corrective action or 
                                restructuring under section 1116 of the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6316); or
                                    (II) has a 4-year graduation rate 
                                of less than 60 percent.
    (c) Uses of Funds.--
            (1) Required uses of funds.--A local educational agency 
        receiving a grant under this section shall use the funds to 
        develop and implement a comprehensive plan for using data to 
        improve teaching, learning, and student outcomes. The plan must 
        include strategies designed to--
                    (A) provide teachers, leaders, parents, students, 
                researchers, and the public with access to student 
                education data in a way that respects student and 
                educator privacy;
                    (B) coordinate with State agency efforts to build 
                the integrated statewide education longitudinal data 
                systems;
                    (C) regularly analyze and share student education 
                data with educators, counselors and school staff, 
                parents, and students, through activities such as--
                            (i) using key indicators of progress, such 
                        as early warning indicators or the results on 
                        local educational agency interim tests;
                            (ii) providing school-based staff with 
                        school-level analyses and comparative 
                        performance results for schools served by the 
                        local educational agency and other schools 
                        enrolling students with similar demographic 
                        profiles to schools on a regular basis;
                            (iii) publicly reporting school-level data 
                        on school report cards;
                            (iv) embedding additional key indicators, 
                        such as percent of students on-track to 
                        graduation, into local accountability and 
                        improvement systems;
                            (v) sharing data to guide school and 
                        classroom instructional decisions and 
                        practices;
                            (vi) regularly discussing data and school 
                        improvement plans with school leadership teams; 
                        or
                            (vii) using data to communicate effectively 
                        with parents and other stakeholders;
                    (D) improve school leaders' use of data to guide 
                school improvement efforts and support classroom use of 
                data through high-quality training and professional 
                development addressing issues such as--
                            (i) establishing a culture of data use;
                            (ii) improving teachers' data literacy; or
                            (iii) data-informed instruction, such as 
                        how results from interim or formative tests can 
                        be used to re-configure small-group 
                        instruction.
                    (E) improve teachers' effective use of data through 
                on-going, sustainable, and high-quality professional 
                development activities that address issues such as--
                            (i) educators' data literacy;
                            (ii) use of data to individualize 
                        instruction and interventions;
                            (iii) use of technology to facilitate 
                        improved and personalized instruction; and
                            (iv) development and regular use of 
                        formative assessment;
                    (F) ensure that source data used at the local level 
                is consistent with source data used to report 
                indicators as required by State or Federal law; and
                    (G) provide training to address use of data 
                collection software, privacy policies (including 
                training relating to section 444 of the General 
                Education Provisions Act (commonly known as the 
                ``Family Educational Rights and Privacy Act of 1974'') 
                (20 U.S.C. 1232g)), data integrity issues, report 
                planning, and processes.
            (2) Allowable uses of funds.--To enable grantees to 
        implement strategies to meet the requirements of paragraph (1), 
        a local educational agency receiving a grant under this section 
        may use the funds--
                    (A) to build or improve longitudinal student data 
                systems that allow for management, analysis, 
                disaggregation, and State, Federal, and public 
                reporting of student, teacher and school data that--
                            (i) includes the data elements and design 
                        features described in section 6401(e)(2)(D) of 
                        the America COMPETES Act (20 U.S.C. 
                        9871(e)(2)(D));
                            (ii) conforms and aligns with statewide 
                        common data standards and definitions for 
                        linking data systems and sharing information; 
                        and
                            (iii) includes additional local data 
                        elements, such as--
                                    (I) student-level attendance, 
                                behavior, or other information;
                                    (II) student participation in 
                                programs or interventions;
                                    (III) interim, benchmark, or 
                                formative assessment information;
                                    (IV) parental educational and 
                                literacy status; or
                                    (V) teacher attendance and 
                                participation in formal professional 
                                development sessions;
                    (B) to use new assessment tools that provide timely 
                data to educators that can be used to identify 
                individual students' learning needs and guide 
                appropriate, personalized instructional interventions 
                such as--
                            (i) formative assessment;
                            (ii) interim or benchmark assessment 
                        systems;
                            (iii) curriculum management systems, 
                        instructional management systems, or learning 
                        management systems; or
                            (iv) other tools and resources;
                    (C) to analyze and disseminate best practices, 
                strategies, and approaches regarding pedagogical 
                advancement that will leverage the data system to 
                enhance teaching and learning, including opportunities 
                for individualized instruction; or
                    (D) to hire staff, at the central office or school 
                level, to support data use.
    (d) Applications.--Each local educational agency desiring a grant 
under this section shall submit an application to the Secretary that 
includes the following:
            (1) A description of how the local educational agency 
        currently reports to, accesses, and uses the integrated 
        statewide education longitudinal data systems.
            (2) A description of the local educational agency's current 
        data systems.
            (3) A description of how activities funded under the grant 
        will improve access to, and use of, data provided by the 
        current data systems at the local and State level.
            (4) A description of how the activities funded under the 
        grant will successfully integrate with the design and 
        functionality of the integrated statewide education 
        longitudinal data systems.
            (5) A description of how the activities funded under the 
        grant will promote the sharing of best practices related to 
        data collection, access, and usage.
            (6) A description of how the applicant will use funds 
        received under this section to improve teaching, learning, and 
        student outcomes and carry out the activities described in 
        subsection (c).
            (7) A description of how the applicant will solicit the 
        feedback of educators, school leaders, and parents in 
        developing, revising, and implementing plans and activities.
            (8) 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 plan for 
        improving student achievement.
            (9) An analysis of current resources at the school and 
        local educational agency level to ensure participating 
        jurisdictions have the technology, such as Internet 
        connections, bandwidth, computing power, software, servers, and 
        hard disk space, and data security necessary to successfully 
        implement the data collection, reporting, assessment processes, 
        and content delivery the system demands.
            (10) A description of the indicators the applicants will 
        use to determine if funds are effectively used and their impact 
        on improving teaching, learning, and student outcomes.
            (11) If applying as a consortium of local educational 
        agencies, the role of each.
            (12) Such other information as the Secretary may reasonably 
        require.
    (e) Awarding of Grants.--
            (1) Peer review.--In awarding grants under this section, 
        the Secretary shall use a peer review process that ensures 
        technical quality, validity and reliability, promotes linkages 
        across States, and protects student privacy consistent with 
        section 444 of the General Education Provisions Act (commonly 
        known as the ``Family Educational Rights and Privacy Act of 
        1974'') (20 U.S.C. 1232g).
            (2) Diversity.--The Secretary shall ensure, to the extent 
        possible, that grantees are diverse in terms of geography, 
        size, and location within an urban, rural, or suburban area.
            (3) Grant period.--The Secretary shall award a grant under 
        this section for a period of not more than 5 years.
    (f) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary shall make publicly 
available a report on the implementation and effectiveness of the uses 
of funds, including efforts to protect student and educator privacy, 
under this section.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $65,000,000 for fiscal year 2011 
and for each succeeding fiscal year.
                                 <all>