1.This Act may be cited as
the Measuring and Evaluating Trends
for Reliability, Integrity, and Continued Success (METRICS) Act of
2011
or the METRICS Act
.
2.In this Act:
(1)The terms elementary school, local
educational agency, secondary school,
Secretary, and State educational agency have the
meanings given the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2)Aligned
statewide education longitudinal data systemsThe term
aligned statewide education longitudinal data systems means 1 or
more statewide data systems that house and link the longitudinal data of
individual students, including such students' early childhood, elementary
school, secondary school, postsecondary education, and workforce data.
(3)The term eligible local entity means—
(A)a high-need local
educational agency;
(B)a consortium of
high-need local educational agencies; or
(C)a high-need local
educational agency or a consortium of high-need local educational agencies and
an external partner.
(4)The term eligible State entity means a State
educational agency, which may partner with another public State agency, such as
a State higher education agency, an early childhood agency, a State workforce
agency, or a multi-agency State group (such as a preschool through grade 20
(P–20) council).
(5)The term external partner means an entity,
such as a nonprofit organization, community-based organization, local education
fund, service organization, educational service agency, or institution of
postsecondary education, that has demonstrated expertise and effectiveness in
providing targeted support (such as data analysis, professional development, or
the provision of non-academic support and integrated student services) to local
educational agencies, schools, or students that leads to improved teaching,
learning, and outcomes for students, including students who are failing to make
sufficient progress to graduate in the standard number of years or students who
have dropped out of secondary school.
(6)High-Need local
educational agencyThe term high-need local educational
agency means a local educational agency—
(A)that serves not
less than 10,000 children who are from families with incomes below the poverty
line; or
(B)for which not
less than 20 percent of the children served by such agency are from families
with incomes below the poverty line.
(7)The term poverty line means the poverty line
(as defined and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act) applicable to a family of the size
involved.
3.Improving the
use of statewide longitudinal data systems
(a)From the funds
appropriated under section 8 for a fiscal year, the Secretary shall award
grants, on a competitive basis, to eligible State entities to enable such
eligible State entities to improve access to, sharing of, and use of education
data to improve student outcomes.
(b)Each
grant awarded under this section shall be for a period of not more than 5
years.
(c)
(1)Each eligible State entity that desires to receive a
grant under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary may
reasonably require. Such application shall include the following:
(A)A list of State
agencies whose cooperation will be necessary for the implementation of the
grant program, and an assurance of support from—
(i)each such
agency;
(ii)the chief State
school officer;
(iii)the Governor of
the State; and
(iv)any other entity
that will comprise the eligible State entity.
(B)A description of
the State's status relating to each priority activity described in subsection
(e)(2), including—
(i)a demonstration
that the State has implemented the priority activity;
(ii)a demonstration
that the State has, at the time of the application, received funding from
another source and made plans for the implementation of the priority activity;
or
(iii)a statement
that the State has not, at the time of the application, implemented, or
received funds to implement, the priority activity.
(C)For each priority
activity whose status is categorized under subparagraph (B)(iii), a description
of how the eligible State entity plans to use grant funds under this section to
carry out such activity.
(D)A description of
how the eligible State entity plans to use grant funds to carry out the
permissible activities described in subsection (e)(3), if the eligible State
entity—
(i)categorizes the
status of many of the priority activities described in subsection (e)(2) under
clause (i) or (ii) of subparagraph (B); and
(ii)anticipates the
possibility of having remaining grant funds after ensuring implementation of
each priority activity described under subsection (e)(2).
(E)A description of
how activities funded under the grant program will—
(i)support the
State's policy and reform goals;
(ii)support
alignment between State and local data systems; and
(iii)support
coordination with, or alignment or advancement of, related activities that are
funded through other Federal programs, including such programs under section
208 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9607), the
American Recovery and Reinvestment Act of 2009 (Public Law 111–5), the Race to
the Top fund under section 14006 of such Act, including the Race to the Top
Early Learning Challenge fund under sections 14005, 14006, and 14013 of such
Act (as amended by, and subject to the requirements of, section 1832 of the
Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10)), and the
Workforce Data Quality Initiative under section 171(c)(2) of the Workforce
Investment Act of 1998 (29 U.S.C. 2916(c)(2)).
(F)A budget that
details how grant funds and other funding resources, including State and
Federal funding, will be used to carry out the proposed activities.
(G)An assurance of
the State’s long-term financial commitment to—
(i)implementing and
supporting aligned statewide education longitudinal data systems; and
(ii)maintaining such
systems after the end of the grant program.
(H)A description of
the indicators that the eligible State entity will use to determine—
(i)if
grant funds are being used effectively; and
(ii)the impact of
grant funds on improving teaching, learning, and student outcomes.
(I)Any other
information that the Secretary may reasonably require.
(2)In establishing the application described under this
subsection, the Secretary shall, where practicable, require each eligible State
entity to provide a demonstration of the capabilities of any system that the
eligible State entity is, at the time of the application, using to track data,
in lieu of a description of such capabilities.
(d)
(1)In awarding grants under this section, the Secretary
shall—
(A)use a peer review
process, as described in paragraph (2);
(B)select
applications that demonstrate technical quality, validity, and
reliability;
(C)promote
multi-state collaboration; and
(D)ensure that
applications protect student and educator privacy, including through compliance
with the requirements of Federal, State, and local privacy laws (including
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)The Secretary shall award grants under this section
through a peer review process that, to the extent practicable, includes—
(A)educators;
(B)users and
consumers of statewide longitudinal data systems, including representatives of
State educational agencies;
(C)individuals with
demonstrated technical expertise in data system construction, integration, or
implementation; and
(D)representatives
of business and the workforce.
(3)In awarding grants under this section, the Secretary
may give priority to eligible State entities that—
(A)propose to
coordinate efforts with other State educational agencies;
(B)propose to
coordinate efforts with local educational agencies;
(C)fulfill other
criteria relating to the purposes of this section, as determined by the
Secretary.
(e)
(1)
(A)Requirement
relating to priority activitiesEach eligible State entity shall
use grant funds to carry out the priority activities described in paragraph
(2), before such entity may use any remaining funds to carry out the
permissible activities described in paragraph (3).
(B)An
eligible State entity is deemed to satisfy the requirements of paragraph (1) if
such entity demonstrates that the State has funding for, and has in place, or
has developed and is implementing a plan that will result in the existence of,
aligned statewide education longitudinal data systems and related activities
that meet the requirements of paragraph (2).
(2)An eligible State entity receiving a grant under this
section shall use grant funds to carry out the following activities:
(A)Implementing
aligned statewide education longitudinal data systems that include the
following:
(i)With respect to
preschool through grade 12 education and postsecondary education—
(I)a unique
statewide student identifier that does not permit a student to be individually
identified by users of the system;
(II)student-level
enrollment, demographic, and program participation information;
(III)student-level
information about the points at which students exit, transfer in, transfer out,
drop out, or complete P–16 education programs;
(IV)the capacity to
communicate with higher education data systems; and
(V)a State data
audit system assessing data quality, validity, and reliability.
(ii)With respect to
preschool through grade 12 education—
(I)yearly test
records of individual students with respect to State assessments under section
1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3));
(II)information on
students not tested by grade and subject;
(III)a teacher
identifier system with the ability to match teachers to students;
(IV)student-level
transcript information, including information on courses completed and grades
earned; and
(V)student-level
college readiness test scores.
(iii)With respect to
postsecondary education, data that provide—
(I)information
regarding the extent to which students transition successfully from secondary
school to postsecondary education, including whether students enroll in
remedial coursework; and
(II)other
information determined necessary to address alignment and adequate preparation
for success in postsecondary education.
(B)Establishing
inter- and intra-agency governance strategies that define policies and
procedures for the collection, access, and use of education data.
(C)Establishing and
implementing comprehensive policies and procedures to protect the privacy,
security, and confidentiality of student and educator data, including—
(i)justifying that
data being collected, stored, and shared are necessary, useful, accurate, and
valid;
(ii)limiting access
to personally identifiable information to necessary and appropriate
individuals;
(iii)protecting
shared data from inappropriate use;
(iv)implementing a
data security framework (including regular and comprehensive training and
professional development) for the use, dissemination, storage, and maintenance
of data;
(v)providing
parental and public notice about data collection, information about data
policies, and information relating to the accessibility and use of data;
(vi)ensuring
compliance with the requirements of Federal, State and local privacy laws,
including 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); and
(vii)aligning data
policies and procedures with best practices for data stewardship, including
best practices identified by the Secretary.
(D)Establishing the
capacity to link education data with workforce data.
(E)Enabling the
matching of the teacher identifier described in subparagraph (A)(ii)(III) with
information about certification or licensure and teacher preparation programs,
including the development of linkages with pre-service programs that enable the
matching of teacher certification and preparation programs to—
(i)the postsecondary
institutions at which teachers received their training;
(ii)job
placement;
(iii)retention
rates; and
(iv)teacher impact
on student academic achievement.
(F)Enabling
standardization of education data through the use of openly developed common
education data standards.
(G)Providing the
State with the ability to meet Federal reporting requirements, including
reporting requirements under the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), the American Recovery and Reinvestment Act of 2009
(Public Law 111–5), the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), and the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
(3)An eligible State entity receiving a grant under this
section may use remaining grant funds, after ensuring the implementation of the
priority activities described in paragraph (2), to carry out activities
that—
(A)expand the
ability of aligned statewide education longitudinal data systems to align data
that covers the time a student enters preschool through the time that such
student graduates from secondary school or an institution of postsecondary
education, and enters and spends time in the workforce;
(B)improve
opportunities to access, analyze, communicate about, and use data from aligned
statewide education longitudinal data systems; or
(C)build the
capacity of teachers, school leaders, parents, students, researchers, external
partners, and the public to use longitudinal data for effective
decisionmaking.
(f)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 school, secondary school, postsecondary, or workforce
data.
4.Improving local
use of data to improve student outcomes
(a)From the funds
appropriated under section 8 for a fiscal year, the Secretary shall award
grants, on a competitive basis, to eligible local entities to enable educators
to improve access to, sharing of, and use of education data to improve student
outcomes.
(b)Each
grant awarded under this section shall be for a period of not more than 5
years.
(c)Each
eligible local entity that desires to receive a grant under this section shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require. Such
application shall include the following:
(1)A memorandum of
understanding between the State educational agency and the eligible local
entity, which shall include—
(A)a description of
the State educational agency’s level of participation in the grant;
(B)an assurance that
the State educational agency agrees to—
(i)provide the
eligible local entity with—
(I)appropriate
access to student data from State data systems; and
(II)cooperation in
efforts to align local educational agency data with data from State data
systems;
(ii)provide training
to the eligible local entity to address the use of data collection software,
privacy policies, Federal, State, and local privacy laws (including 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, reporting, planning, and processes;
(C)a description of
the State educational agency's strategy for the dissemination of information
about the successes and challenges of the grant activities under this section;
and
(D)a description of
how the State will fund the activities described in subparagraph (B), including
information about any grant funds that the eligible local entity will give to
the State educational agency to carry out the activities described in such
subparagraph.
(2)A description of
how the local educational agencies that are part of the eligible local entity,
and any educators working for such agencies, submit data to, access, and use
existing statewide education longitudinal data systems, at the time of the
application.
(3)A description of
the data systems used by the eligible local entity at the time of the
application.
(4)A description of
how activities funded under the grant will improve local access to, and use of,
data that is, at the time of the application, provided by data systems at the
local and State level.
(5)A description of
how the eligible local entity will use funds received under this section to
carry out the proposed activities in order to improve teaching, learning, and
student outcomes.
(6)A mechanism for
soliciting the feedback of educators, school leaders, parents, and external
partners in developing, revising, and implementing plans and activities under
this section.
(7)A description of
how the eligible local entity will align the use of funds under this section
with the technology plan of each local educational agency served under the
grant.
(8)A description of
the indicators that the eligible local entity will use to determine—
(A)if grant funds
are being used effectively; and
(B)the impact of
grant funds on improving teaching, learning, and student outcomes.
(9)Such other
information as the Secretary may reasonably require.
(d)
(1)In awarding grants under this section, the Secretary
shall—
(A)use a peer review
process, as described in paragraph (2);
(B)select
applications that demonstrate technical quality, validity, and reliability;
and
(C)protect student
and educator privacy, consistent with the requirements of Federal, State, and
local privacy laws (including 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)In awarding grants under this section, the Secretary
shall, to the extent practicable, use a peer review process that—
(A)ensures technical
quality, validity, and reliability;
(B)ensures that
applications protect student and educator privacy, consistent with the
requirements of Federal, State, and local privacy laws (including 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)); and
(C)includes—
(i)educators;
(ii)users and
consumers of a local educational data systems;
(iii)individuals
with demonstrated technical expertise in data system construction, integration,
or implementation; and
(iv)representatives
of business and the workforce.
(3)In
awarding grants under this section, the Secretary shall ensure, to the greatest
extent possible, that grants are awarded to eligible local entities that are
diverse in terms of geography, size, and location within an urban, rural, or
suburban area.
(e)
(1)An eligible local entity receiving a grant under this
section shall use grant funds to develop and implement a comprehensive plan for
using data to improve teaching, learning, and student outcomes. Such plan shall
include strategies designed to—
(A)provide teachers,
school leaders, parents, students, researchers, external partners, and the
public with access to student education data in a way that ensures the quality
and integrity of data contained in data systems and respects student and
educator privacy, including through compliance with the requirements of
Federal, State, and local privacy laws (including section 444 of the General
Education Provisions Act (20 U.S.C. 1232g));
(B)regularly analyze
and share appropriate student data with educators, counselors, school staff,
parents, students, and external partners in a way that ensures the quality and
integrity of data contained in data systems and respects student and educator
privacy, including through compliance with the requirements of Federal, State,
and local privacy laws (including section 444 of the General Education
Provisions Act (20 U.S.C. 1232g)); and
(C)improve the
ability of school leaders to—
(i)use
student data to guide school improvement efforts; and
(ii)support
classroom use of data through high-quality training and professional
development;
(D)improve the
ability of teachers to effectively use student data through on-going,
sustainable, and high-quality professional development activities in order to
ensure that educators have the capacity to—
(i)analyze data and
monitor academic outcomes;
(ii)modify
instructional activities as needed; and
(iii)differentiate
student instructions.
(2)An eligible local entity receiving a grant under this
section may use grant funds to carry out any of the following
activities:
(A)Supplementing
statewide longitudinal data systems existing at the time of the application by
improving local data systems through—
(i)the
collection of local data elements that support decisionmaking about school
improvement;
(ii)enhancing the
ability of educators to manage, analyze, disaggregate, or report student,
teacher, and school data; or
(iii)standardization
through use of openly developed common education data standards.
(B)Using new
assessment tools that provide timely data to educators, which can be used to
identify the learning needs of individual students and guide appropriate,
personalized instructional interventions.
(C)Using external
partners, central office staff, or data specialists in order to build educator
capacity to effectively use data to improve teaching and learning.
(D)Analyzing and
disseminating best practices, strategies, and approaches regarding pedagogical
advancement that will leverage the local educational agency’s or State
educational agency’s data system to enhance teaching and learning, including
opportunities for individualized instruction.
(E)Analyzing data
and realigning existing resources to maximize impact on student achievement,
including the use of early warning data to target resources.
(F)Coordinating
activities with other local agencies providing services to students.
(G)Coordinating
activities with educator preparation programs in order to build educators'
capacity to use data.
5.National
activities to support effective data useFrom the funds appropriated under section 8
for a fiscal year, the Secretary may carry out the following national
activities:
(1)Providing
technical and policy assistance to grantees and non-grantees in order to
facilitate implementation, and improve the quality of, student longitudinal
data systems, including technical assistance to ensure the protection of
personally identifiable information.
(2)Identifying or
promoting activities that improve data coordination, quality, and use at the
national, State, and local levels (including activities that improve the
coordination, quality, and use of education data for Indian tribes, tribal
organizations, and schools operated or funded by the Bureau of Indian
Education).
(3)Implementing
innovative strategies to advance the use of data.
(4)Conducting
research on emerging trends and challenges relating to the collection and use
of education data.
(5)Awarding prizes
(consistent with section 24 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3719)).
(6)Providing funding
to support the innovative use of data for pilot programs, in order to identify
and promote models of effective data use in emerging areas.
6.Not later than 3 years after the Secretary
awards a grant under this Act, and annually thereafter, the Secretary shall
make publicly available a report on the implementation, actual costs, and
effectiveness of the activities carried out through grants under this Act,
including efforts to protect student and educator privacy.
7.
(a)
(1)Not later than 1 year
after the date of enactment of this Act, the Secretary shall make publicly
available a comprehensive and searchable description of all reporting
requirements of the Department that apply to State educational agencies, local
educational agencies, or schools. Such description shall include, for each
reporting requirement, the following information:
(A)The definition of
the required data element or indicator.
(B)The purpose of
the particular data collection.
(C)The legislative
or regulatory source of the reporting requirement.
(D)The level of data
(such as the State educational agency, local educational agency, institution of
postsecondary education, or school).
(E)The mechanism of
data collection.
(F)Information about
whether data relating to the reporting requirement is publicly
available.
(2)The
Secretary shall update the description required under subsection (a)
annually.
(b)The
Secretary shall ensure that if a new reporting requirement becomes effective,
or if a reporting requirement is changed, on or after the date of enactment of
this Act, each State shall have not less than 90 days to comply with such
requirement.
8.Authorization of
AppropriationsThere are
authorized to be appropriated to carry out this Act $100,000,000 for fiscal
year 2012 and such sums as may be necessary for each succeeding fiscal
year.