Amended  IN  Assembly  April 27, 2021
Amended  IN  Assembly  February 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 99

Introduced by Assembly Member Irwin

December 09, 2020

An act to amend Section 10851 of, to amend and renumber Section 10858 of, to add Section 10852.5 to, to add the heading of Article 1 (commencing with Section 10850) and the heading of Article 2 (commencing with Section 10853) to Chapter 8.5 of Part 7 of Division 1 of Title 1 of, and to add Article 3 2 (commencing with Section 10860), Article 4 3 (commencing with Section 10865) 10865), and Article 5 4 (commencing with Section 10870) to Chapter 8.5 of Part 7 of Division 1 of Title 1 of, and to repeal Section 10858 of, the Education Code, relating to pupil data.


LEGISLATIVE COUNSEL'S DIGEST


AB 99, as amended, Irwin. Statewide longitudinal data system: California Cradle-to-Career Data System: governance and support.
Existing law establishes the California Longitudinal Pupil Achievement Data System, which is maintained by the State Department of Education and consists of pupil data regarding demographic, program participation, enrollment, and statewide assessments.
Existing law establishes the California Cradle-to-Career Data System Workgroup to assess, recommend, and advise about statewide data infrastructure that integrates data from state entities responsible for elementary and secondary education data, entities responsible for early learning data, segments of public higher education, private colleges and universities, state entities responsible for student financial aid, childcare providers, state labor and workforce development agencies, and state departments administering health and human services programs.
Existing law requires the Office of Planning and Research to contract with entities with expertise in managing data for specified purposes relating to the workgroup’s activities. Existing law requires those contracted entities to submit reports to the Department of Finance and the Legislature concerning the establishment of the California Cradle-to-Career Data System, as specified.
This bill would express the intent of the Legislature in enacting the bill is to codify certain recommendations in the California Cradle-to-Career Data System Legislative Report published in December 2020, which describes the planning process and recommendations for phase one of the Cradle-to-Career Data System. The bill would set the vison, vision, mission, and strategic objectives of the data system. The bill would establish the California Cradle-to-Career Data System Governing Board in state government, a governing board, comprised of certain representatives from state agencies, educational organizations, and members of the public, to, among other things, ensure the data system is serving its intended purpose and oversee participation in the data system and provide for its governance structure. The bill would require the governing board to also provide operational oversight of the Cradle-to-Career Data Office that the bill would establish within the Government Operations Agency under the direction of the Department of General Services to serve as the managing entity of the data system, as provided. The bill would establish the Data and Tools Advisory Board and the Community Engagement Advisory Board, comprised of 16 members each of end users of the data in the data system, to perform certain tasks and make recommendations and suggestions to the governing board, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) California’s primary and secondary schools enroll over 6.2 million pupils, while 3.4 million undergraduates are enrolled across 683 postsecondary educational institutions.
(2) Despite California’s size, the number of pupils and students served by its educational systems, and its leading role in data analytics, policymakers and research experts are unable to answer basic questions about pupil and student progression and outcomes without a comprehensive statewide longitudinal data system.
(3) A state statewide longitudinal data system combines data about individuals from different state agencies or programs to answer critical questions about pupil and student outcomes, often including data from early childhood education through primary and secondary education and into the workforce.
(4) In most other states, a statewide longitudinal data system is used to provide information that can help guide resource allocation, comply with federally mandated reporting, and track progress on goals established for educational attainment or economic improvement. California is one of just eight states lacking an integrated education data system.
(5) The California Postsecondary Education Commission (CPEC) served as a repository for data across the elementary, secondary, and postsecondary education systems until it was defunded by Governor Jerry Brown, along with numerous other state agencies, boards, and commissions, in the Budget Act of 2011.
(6) Since CPEC was defunded and its operations halted, the work of collecting and analyzing data on pupils and students has fallen on each of the major educational segments, and while each of the segments of postsecondary education have built out the capacity to measure the progress and success of their own students, the state still lacks an ability to do so between segments.
(7) Because each educational system maintains its own data system, they also set their own definitions for the data collected, which creates difficulties when trying to compare and analyze data across those systems.
(8) Without data infrastructure that bridges those systematic differences, policymakers and research experts are unable to assess critical issues such as where the state’s high school graduates apply and enroll for college, where students eligible for but denied admission to the California State University or University of California attend college, or how students fare in the workforce following graduation.
(9) Because an integrated data system is achievable without risking personal privacy or burdening institutions, the state is well positioned to develop a central statewide longitudinal data system that can meet the needs of pupils, students, and the state.
(10) A statewide longitudinal data system can also support tracking state progress toward educational attainment and workforce goals, and identify racial and ethnic equity gaps along the educational pipeline to help identify the factors that contribute to disparate outcomes for pupils and students of color.
(11) The proposed statewide longitudinal data system would be an objective source of high-quality information, paired with supports to help a range of stakeholders take action on this information, including all of the following:
(A) The public would have open access to analytical tools, including dashboards, a query builder, fact sheets, and a research library.
(B) Researchers could request access to restricted data for authorized purposes. purposes, subject to all applicable state and federal privacy and data security laws.
(C) Pupils, students, and their families could use a suite of operational tools that support college and career planning, college-eligibility monitoring, electronic transcripts, and access to financial aid and other support services.
(12) The COVID-19 pandemic and associated shift to remote learning has resulted in significant learning loss among pupils in the state, particularly among certain disadvantaged groups. According to research by the Public Policy Institute of California, most pupils are missing out on a substantial proportion of the material covered in a typical school year, but the implications are profound for low-income pupils, pupils of color, English learners, pupils in foster care, and pupils who are individuals with exceptional needs.
(13) Of California households with children, 29 percent report that they do not always have an internet connection available for educational purposes. Nine percent of African American families and 6 percent of low-income families rely on an internet connection provided by their child’s school or school district, while the average percentage of California households that rely on an internet connection provided by their child’s school or school district is 3 percent.
(14) Because of the digital divide, low-income, less-educated, African American, and Latino families are less likely to report that their schools moved to distance learning using online resources and this gap was not made up by hard-copy-based hardcopy-based school work.
(15) High-income, White, college-educated, and Asian American families are more likely to have purchased their own devices, while low-income, Latino, less-educated, and African American families are more likely to rely on devices provided by schools or school districts.
(16) Pupils in high-income families have one more hour (or 50 percent more) of their instruction live each week than pupils in low-income families. Over three-quarters of low-income pupils reported four or fewer hours of live instruction per week. Many pupils have had no live contact with their teachers and almost 40 percent of African American pupils reported no live contact.
(17) In 2019, the Legislature passed, and Governor Gavin Newsom signed into law, Senate Bill 75 (Chapter 51 of the Statutes of 2019), which established the California Cradle-to-Career Data System Act (the Act). The Act sets out requirements for the development of a statewide data infrastructure, also known as a statewide longitudinal data system.
(18) The Act requires that the California Cradle-to-Career Data System ensures that existing education, workforce, financial aid, and social service information is fully leveraged to address disparities in opportunities and to improve outcomes for all Californians, from cradle to career.
(19) Pursuant to the implementing legislation, in November 2019, the Governor’s office launched a planning process with support from WestEd. Over the course of 2020, more than 170 people participated in a user-centered design process, drawn from the 16 partner entities indicated in the legislation, as well as educational institutions, research organizations, data experts, and advocacy groups. When the design process ends in June 2021, these experts will have produced detailed plans for phase one of the state’s Cradle-to-Career Data System.
(b) It is intent of the Legislature that this act codify certain recommendations in the California Cradle-to-Career Data System Legislative Report published in December 2020, which describes the planning process and recommendations for phase one of the Cradle-to-Career Data System.

SEC. 2.

 The heading of Article 1 (commencing with Section 10850) is added to Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to read:
Article  1. General Provisions

SEC. 3.

 Section 10851 of the Education Code is amended to read:

10851.
 For purposes of this chapter, the following definitions apply:
(a) “Advisory Boards” means the advisory boards established pursuant to Section 10870.
(b) “Analytical tools” means the resources that provide for access to information for research and evaluation purposes such as dashboards, a query builder, summaries of key student and employment outcomes, and a research library, including, but not limited to, the P20W data set.
(c) “Data providers” means entities that submit the individual, academic, training, employment, social service, health, and other information used to create the data system.
(d) “Data requests in the public interest” means data requests that enable parents, educators, health and human services providers, researchers, and policymakers to provide appropriate interventions and supports to address disparities in opportunities and improve outcomes for all students.

(a)

(e) “Data system” or the “Cradle-to-Career Data System” means statewide data infrastructure that integrates data from various partner entities and supports the purposes identified in this chapter.

(b)“Director” means the Director of State Planning and Research, or the director’s designee.

(c)

(f) “Governing board” means the California Cradle-to-Career Data System Governing Board established in Section 10860.

(d)

(g) “Interagency Data Exchange Agreement, Business Use Case Proposal process” or “IDEA/BUCP process ” means the legal framework used by the state to establish the conditions under which data may be shared and used.
(h) “Managing entity” means the Cradle-to-Career Data Office established within the Government Operations Agency under the Department of General Services pursuant to Section 10865.

(e)

(i) “Operational tools” means the educator-, student-, and parent-facing tools that use student-specific data to support college planning and education transitions. All tools under this definition shall comply with the student privacy provisions of paragraphs (1) to (9), inclusive, of subdivision (b) of Section 49073.1.
(j) “Partner entity” means an organization that can provide information to the data system to advance the purposes identified in this chapter and includes, but is not limited to, state entities responsible for elementary and secondary education data, entities responsible for early learning data, segments of public higher education, private colleges and universities, state entities responsible for student financial aid, childcare providers, state labor and workforce development agencies, and state departments administering health and human services programs.

(f)

(k) “Planning facilitator” means an entity with expertise in data governance, privacy, security, quality, reporting, and user-centered design.

(g)

(l) “P20W data set” means the data set adopted by the state board pursuant to subparagraph (D) of paragraph (6) of subdivision (a) of Section 10861, including, but not limited to, the approximately 160 data points described in the report to the Department of Finance and the Legislature pursuant to subdivision (a) of Section 10856, as adjusted by the governing board.
(m) “Workgroup” means the California Cradle-to-Career Data System Workgroup established pursuant to Section 10853.

SEC. 4.

 Section 10852.5 is added to the Education Code, immediately following Section 10852, to read:

10852.5.
 (a) The vison vision of the data system is as follows:
The Cradle-to-Career Data System connects individuals and organizations with trusted information and resources. It provides insights into critical milestones in the pipeline from early care to K–12 to higher education, skills training, and employment. It empowers individuals to reach their full potential and fosters evidence-based decisionmaking to help California build a more equitable future.
(b) (1) The mission of the data system is as follows:
To be California’s secure and trusted source of actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and to expand access to tools and services to navigate the education-to-employment pipeline.
(2) The information contained in the data system shall be used to accomplish all of the following:
(A) Address disparities in opportunities and outcomes.
(B) Support student guidance.
(C) Foster continuous improvement.
(D) Address the needs of researchers and policymakers.
(c) All of the following are the strategic objectives of the data system:
(1) Develop the architecture for linking records across agencies and creating intersegmental data sets in a manner that promotes maximizes data privacy and security, minimizes the need for new infrastructure, and is adaptable and flexible to meet future needs.
(2) Provide public-facing data visualizations, query tools, and a research library that provide access to actionable information on education, social services, employment patterns, and equity gaps in opportunities and outcomes. outcomes for use by individuals, students, families, and communities.
(3) Provide interagency data sets that enable research on factors that help Californians meet critical education milestones, evaluate the long-term impact of state-funded programs, and identify strategies for closing equity gaps.
(4) Provide resources, training, and technical assistance that build data literacy among policymakers, practitioners, and the public.

(5)Provide college and career planning tools, college-readiness monitoring, electronic transcripts, and confirmation of eligibility for financial aid and other pupil and student supports.

(5) Support the creation of user-facing tools and services, and access to information necessary to do both of the following:
(A) Provide tailored supports to students, educators, parents, and advisors, and better enable students to navigate the education-to-employment pipeline.
(B) Allow researchers and policymakers to explore policy problems and solutions.
(6) Improve the quality and reliability of data reported in the data system, and ensure consistency of key data definitions.
(7) Provide support for opportunities to enhance the state’s system of public education, educational programs, and educational services.
(8) Advance academic, nonprofit, and governmental research to enhance the development of policies focused on birth through career.

(d)The governing board may revise the vision, mission, or strategic objectives of the data system to further the purposes of this chapter.

(d) At all times, the data system shall act in furtherance of the public good and shall be held accountable to the public good.
(e) In fulfilling their roles, all governing board members, advisory board members, and managing entity employees shall do all of the following:
(1) Prioritize the needs of students and families.
(2) Comply with federal and state laws to protect individual privacy, including, but not limited to, the state Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and all of the following federal statutes:
(A) The Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended).
(B) The Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).
(C) The Higher Education Act of 1965 (Public Law 89-329, as amended).
(3) Consider and respond to stakeholder input.
(4) Promote and foster an environment and culture of collaboration and cooperation.
(5) Promote a culture of data-informed decisionmaking by consulting with data experts and intended data users, including members of the public, when developing data use priorities.

SEC. 5.The heading of Article 2 (commencing with Section 10853) is added to Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to read:
2.California Cradle-to-Career Data System Workgroup
SEC. 6.Section 10858 of the Education Code is amended and renumbered to read:
10852.1

(a)The partner entities shall, and the University of California is requested to, enter into memoranda of understanding for data sharing purposes, as necessary, for the implementation of this chapter.

(b)(1)By the 2020–21 academic year, the Office of the Chancellor of the California State University and the Office of the Chancellor of the California Community Colleges shall, and the University of California is requested to, identify and track currently and newly enrolled students in their respective data systems with the statewide student identifier assigned to pupils in the data system maintained by the department for each student who attended a local educational agency in California in a manner that maximizes efficiencies and limits the need for multiple memoranda of understanding.

(2)To the extent feasible, the Office of the Chancellor of the California State University and the Office of the Chancellor of the California Community Colleges shall, and the University of California is requested to, prospectively identify and track each applicant for admission in their respective data systems with the statewide student identifier assigned to pupils in the data system maintained by the department for each applicant for admission who attended a local educational agency in California in a manner that maximizes efficiencies and limits the need for multiple memoranda of understanding.

(c)For purposes of subdivision (b), the department shall collaborate with the Office of the Chancellor of the California Community Colleges, the Office of the Chancellor of the California State University, and the University of California to ensure the appropriate assignment and match of a statewide student identifier from the data system maintained by the department.

SEC. 5.

 Section 10858 of the Education Code is repealed.
10858.

(a)The partner entities shall, and the University of California is requested to, enter into memoranda of understanding for data sharing purposes, as necessary, for the implementation of this chapter.

(b)(1)By the 2020–21 academic year, the Office of the Chancellor of the California State University and the Office of the Chancellor of the California Community Colleges shall, and the University of California is requested to, identify and track currently and newly enrolled students in their respective data systems with the statewide student identifier assigned to pupils in the data system maintained by the department for each student who attended a local educational agency in California in a manner that maximizes efficiencies and limits the need for multiple memoranda of understanding.

(2)To the extent feasible, the Office of the Chancellor of the California State University and the Office of the Chancellor of the California Community Colleges shall, and the University of California is requested to, prospectively identify and track each applicant for admission in their respective data systems with the statewide student identifier assigned to pupils in the data system maintained by the department for each applicant for admission who attended a local educational agency in California in a manner that maximizes efficiencies and limits the need for multiple memoranda of understanding.

(c)For purposes of subdivision (b), the department shall collaborate with the Office of the Chancellor of the California Community Colleges, the Office of the Chancellor of the California State University, and the University of California to ensure the appropriate assignment and match of a statewide student identifier from the data system maintained by the department.

SEC. 7.SEC. 6.

 Article 3 2 (commencing with Section 10860) is added to Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to read:
Article  2. California Cradle-to-Career Data System Governing Board. Board

10860.
 (a) The California Cradle-to-Career Data System Governing Board is hereby established in state government, consisting of 12 data contributors and 6 public members, as provided pursuant to subdivisions (b) and (c). shall be governed by a governing board composed of data providers, and shall additionally include members of the Legislature and members representing the public interest.

(b)(1)The 12 data contributors shall be appointed as follows:

(A)A representative from the State Department of Education, appointed by the Superintendent.

(B)A representative from the California Community Colleges, appointed by the Board of Governors of the California Community Colleges.

(C)A representative from the California State University, appointed by the Trustees of the California State University.

(D)A representative from the University of California, appointed by the Regents of the University of California.

(E)A representative from the Bureau for Private Postsecondary Education, appointed by the bureau chief.

(F)A representative from the Association of Independent California Colleges and Universities, appointed by its executive committee.

(G)A representative from the Labor and Workforce Development Agency, appointed by the Secretary of the Labor and Workforce Development.

(H)A representative from the Employment Development Department, appointed by the Director of Employment Development.

(I)A representative from the Student Aid Commission, appointed by the Chair of the Student Aid Commission.

(J)A representative from the Commission on Teacher Credentialing, appointed by the Chair of the Commission on Teacher Credentialing.

(K)A representative from the California Health and Human Services Agency, appointed by the Secretary of California Health and Human Services.

(L)A representative from the State Department of Social Services, appointed by the Director of Social Services.

(b) The governing board shall be composed of the following 18 members:
(1) The Superintendent or the Superintendent’s designee.
(2) The Chancellor of the California Community Colleges or the chancellor’s designee.
(3) The Chancellor of the California State University or the chancellor’s designee.
(4) The President of the University of California or the president’s designee.
(5) The Executive Director of the Student Aid Commission or the executive director’s designee.
(6) The President of the Association of Independent California Colleges and Universities or the president’s designee.
(7) The Director of Consumer Affairs or the director’s designee.
(8) The Secretary of Health and Human Services or the secretary’s designee.
(9) The Secretary of Labor and Workforce Development or the secretary’s designee.
(10) The Chair of the Assembly Committee on Education or the chair’s designee.
(11) The Chair of the Assembly Committee on Higher Education or the chair’s designee.
(12) The Chair of the Senate Committee on Education or the chair’s designee.
(13) The Chair of the Senate Committee on Business, Professions, and Economic Development or the chair’s designee.
(14) Three public members, to be appointed by the Governor as follows:
(A) One public member who is a classroom teacher in a public elementary or secondary school.
(B) One public member who is a school leader of a public elementary or secondary school, including, but not limited to, an administrator, superintendent of schools, principal, or counselor.
(C) One public member who is a faculty member in a public institution of higher education.
(15) Two public members to be appointed by the Legislature, as follows:
(A) One public member, appointed by the Speaker of the Assembly, who represents the members of the public who are intended to benefit from the data system or are affected by the data, including, but not limited to, practitioners, families, students, adult learners and workers, community organization staff, research organization staff, and advocacy organization staff.
(B) One public member, appointed by the Chair of the Senate Committee on Rules, who represents the members of the public who are intended to benefit from the data system or are affected by the data, including, but not limited to, practitioners, families, students, adult learners and workers, community organization staff, research organization staff, and advocacy organization staff.
(c) (1) A designee serving at the pleasure of a governing board member described in paragraphs (1) to (13), inclusive, of subdivision (b) shall be qualified and authorized to make decisions on behalf of the appointed member.

(2)A representative appointed pursuant to paragraph (1) shall serve until replaced by the appointing authority for that representative.

(3)

(2) A representative appointed pursuant to paragraph (1) subdivision (b) may delegate their voting rights to an alternate, a designee, so long as that alternate designee has the authority to make decisions on behalf of the appointed representative.

(4)The appointing authority described in paragraph (1) shall

(3) A representative appointed pursuant to subdivision (b) shall be accountable for their entity’s participation in the data system.

(c)(1)The six public members of the governing board shall have expertise with data systems and their use and be appointed as follows:

(A)One public member who is a classroom teacher in a public elementary or secondary school, appointed by the Governor.

(B)One public member who is a school leader of a public elementary or secondary school, including, but not limited to, an administrator, superintendent, principal, or counselor, appointed by the Governor.

(C)Two public members who represent the members of the public that are intended to benefit from the data system or are affected by the data, including, but not limited to, practitioners, families, students, adult learners and workers, community organization staff, research organization staff, and advocacy organization staff, appointed by the Speaker of the Assembly.

(D)Two public members who represent the members of the public that are intended to benefit from the data system or are affected by the data, including, but not limited to, practitioners, families, students, adult learners and workers, community organization staff, research organization staff, and advocacy organization staff, appointed by the Senate Committee on Rules.

(2)(A)Except as provided in subparagraph (B), each public member shall serve a term of three years.

(B)The initial term for a public member appoint pursuant to paragraph (1) shall be as follows:

(i)For public members appointed pursuant to subparagraphs (A) and (B) of paragraph (1), three years.

(ii)For public members appointed pursuant to subparagraph (C) of paragraph (1), two years.

(iii)For public members appointed pursuant to subparagraph (D) of paragraph (1), one year.

(d) All of the following shall apply to public member appointments made pursuant to paragraphs (14) and (15) of subdivision (b):
(1) A public member shall have expertise with data systems and their use.
(2) A public member shall not serve a term of more than three years.
(3) The public members shall have staggered terms.
(4) For the first appointments of the public members to the governing board only, to create staggered terms, the terms of those members shall be as follows:
(A) The term of the first public member appointed pursuant to subparagraph (A) of paragraph (14) of subdivision (b) shall be for three years.
(B) The term of the first public member appointed pursuant to subparagraph (B) of paragraph (14) of subdivision (b) shall be for two years.
(C) The term of the first public member appointed pursuant to subparagraph (C) of paragraph (14) of subdivision (b) shall be for three years.
(D) The term of the first public member appointed pursuant to subparagraph (A) of paragraph (15) of subdivision (b) shall be for two years.
(E) The term of the first public member appointed pursuant to subparagraph (B) of paragraph (15) of subdivision (b) shall be for two years.

(3)

(e) A representative from a particular group or entity described in paragraphs (14) and (15) of subdivision (b) shall not serve for more than one two consecutive term, and a particular group or entity shall not have more than one representative on the governing board at any given time. terms.

(d)

(f) A particular group or entity shall not have more than one representative on the governing board at any given time.
(g) (1) Each member of the governing board is entitled to one vote, and all decisions of the governing board require a 2/3 vote.
(2) The governing board may appoint other ex officio positions, as nonvoting members, to provide additional expertise and perspectives, such as the state’s chief data officer of the Government Operations Agency.

(e)

(h) (1) The governing board shall elect a chair to serve a two-year term.
(2) In the second year of the term, the current chair shall be supported by the incoming chair.
(3) A representative from a particular group or entity shall not serve more than one consecutive term as chair.
(i) The governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

10861.
 (a) The governing board shall ensure the data system is serving its intended purpose as set forth in this chapter, including doing all of the following:

(a)

(1) Setting, revisiting, and amending the vision, mission, and strategic objectives for the data system, particularly related to opportunity and outcomes outcome gaps and advancing common goals.

(b)

(2) Developing a theory of action to guide evaluations of the implementation of the data system.

(c)

(3) Reviewing input from end users to evaluate the usefulness of the data system, whether the data system is fostering evidenced-based evidence-based decisionmaking, and whether the data system is benefiting all Californians.

(d)

(4) Securing sufficient resources, building ongoing support, and advocating for using the data system with the public, the Governor, the Legislature, partner entities, and other data providers.
(5) Appointing an executive officer to oversee the managing entity. The executive officer shall be exempt from civil service consistent with subdivision (e) of Section 4 of Article VII of the California Constitution, including setting the terms of employment, and annual compensation shall be commensurate with other like positions in state government. The executive officer shall employ such other employees as they deem necessary for the effective conduct of the work of the managing entity.
(6) Being responsible for the strategic direction and implementation of the data system, including, but not limited to, all of the following:
(A) Adopting a timeline for phasing in the data system, including a timeline for the development of analytical tools, operational tools, and offering professional development.
(B) Ensuring that the data system is serving its intended purposes by submitting recommendations to the Governor and the Legislature to adjust the data system’s vision, mission, and strategic objectives, particularly recommendations related to improving educational outcomes and reducing opportunity gaps.
(C) Adopting and adjusting as necessary a data dictionary, data standards, and security protocols to ensure interoperability between the data system, the source data, and other state data systems using the same source data.
(D) Adopting the P20W data set. The governing board may remove data points of the P20W data set based on changes on the usage of the element. The governing board may expand the collected data set, beyond the P20W data set, by doing both of the following:
(i) Approving additional data providers.
(ii) Adopting additional data points, in the context of data quality, legal concerns, costs, and preserving the neutrality of the data system.
(E) Creating new analytical and operational tools that would help the public interact with the data.
(F) Creating, and revising from time to time, a data request process for use by researchers, policymakers, education systems, schoolsites, and college campuses for information that is all of the following:
(i) In compliance with federal and state laws to protect individual privacy.
(ii) Not otherwise available via the public query tools maintained by the managing entity.
(iii) Allows for expedited access to summary data that has been properly deidentified.
(iv) Allows for data providers to approve data requests in the public interest, as defined pursuant to Section 10851.
(7) Being responsible for adopting best practice policies related to privacy and security, including creating policies, in accordance with federal and state law, governing the collection and use of personally identifiable information from data providers, which may include the creation of an “opt out” policy for students and families.
(b) This section does not hinder the use of personally identifiable information for educator- and student-facing college guidance and planning tools, defined as operational tools in Section 10851.

10861.5.
 The governing board shall monitor technical, legal, and data implementation of the data system, including by doing all of the following:
(a) Reviewing and approving recommended technical and data security policies, in consultation with technology and data security experts.
(b) Reviewing and approving recommended legal and privacy policies, in consultation with legal and privacy experts.
(c) Reviewing and approving recommended data practices, in consultation with data experts.
(d) Monitoring compliance with federal and state laws regarding data sharing.
(e) Monitoring compliance with legal requirements regarding privacy, security, and authorized access.

10862.
 The governing board shall provide operational oversight of the managing entity, including by doing all of the following:
(a) Adopting an annual strategic plan and reviewing and revising that plan as needed.

(a)

(b) Approving budget requests and operational budgets developed by the managing entity.

(b)

(c) Approving operational plans developed by the managing entity to ensure the plans align with the strategic direction regarding data access and use, operational tools, and community engagement for the data system.

(c)

(d) Ensuring the managing entity is implementing a user-centered design approach for data system tools.

(d)

(e) Reviewing and approving professional development, technical assistance, and communications plans for end users developed by the managing entity.

(e)

(f) Reviewing and approving the operational tools implementation plan developed by the managing entity.

(f)

(g) Hiring, evaluating, and, if necessary, firing the director of the managing entity.
(h) Conducting data quality audits.
(i) Providing for other audits and evaluations.
(j) Providing annual reports to the Governor, the Legislature, and the public. The reports to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(k) Adopting rules and exercising authority to promulgate regulations, including emergency regulations.
(l) Any other activities necessary to further the intent of this chapter.
(m) Providing regular reports to the Legislature and Governor related to the implementation of this chapter. The reports to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(n) The governing board may create any other policies and procedures necessary to further the intent of this chapter.

10862.5.
 The governing board shall oversee participation in the data system and provide for its governance structure, including by doing all of the following:
(a) Evaluating and approving requests from new potential partner entities or other data providers regarding their participation in the data system.
(b) Establishing and revising governance policies and procedures for the data system, including establishing a governance manual for activities under this chapter by the governing board, the managing entity, advisory boards and task forces established under this chapter, and partner entities and other data providers.
(c) Appointing members to the Data and Tools Advisory Board and Community Engagement Advisory Board, as provided in Article 5 (commencing with Section 10870).
(d) Defining the membership and appointment structure for additional advisory boards established pursuant to Section 10864.5.
(e) Providing input to the managing entity on the purpose and composition of any task force established pursuant to Section 10869.
(f) In phase one, focus on linking early learning and care, K–12, postsecondary, employment, and financial aid data in the data system.

10863.
 The governing board shall recommend the types of information available through the data system in accordance with both of the following:
(a) The governing board shall review recommendations for additional data to be included in the data system as part of a strategic planning process. All recommendations for additional data shall require a feasibility study conducted by the managing entity.
(b) The managing entity shall work with the relevant partner entities, other data providers, and experts to document data availability, reliability, and validity of the data system, legal requirements for the data system, startup and ongoing costs to the managing entity, partner entities, and other data providers, potential approaches for collecting the information for the data system, and any political implications or other implications that would jeopardize the objectivity of the managing entity.

10863.5.
 The governing board shall recommend improvements to the mechanisms for accessing information in the data system, to be implemented by the managing entity, including by doing all of the following:
(a) Reviewing and approving recommendations for significant content changes to dashboard visualizations for the data system.
(b) Reviewing and approving recommendations for significant changes to query builder data points for the data system.
(c) Reviewing and approving recommendations for the topics to be covered in reports that provide an objective written summary of information available in the data system.
(d) Reviewing and approving recommendations for new tools that would help the public interact with the data in the data system.

10864.
 (a) (1) The governing board shall meet quarterly to address ongoing business needs and emerging issues, and to review recommendations from the advisory boards established under this chapter. When reviewing advisory board recommendations, the governing board shall document how it intends to address the issues raised by the advisory boards.
(2) Additional meetings may be called by the governing board as needed, based on a governance manual policy.
(b) The chair of the governing board shall be responsible for facilitating governing board meetings and setting agendas, acting as the governing board’s primary point of contact for the director of the managing entity, onboarding new governing board members, and convening topical committees for tasks as needed, including appointing members to advisory boards established under this chapter and conducting the annual review of the director of the managing entity based on an established performance evaluation process.
(c) All meetings of the governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

10864.5.
 (a) The governing board may create and sunset advisory boards in addition to those established in Article 5 (commencing with Section 10870), taking into consideration the cost, size, and purpose of the advisory board.
(b) All meetings of an advisory board established under this section shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 8.SEC. 7.

 Article 4 3 (commencing with Section 10865) is added to Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to read:
Article  3. Cradle-to-Career Data Office

10865.
 The Cradle-to-Career Data Office is hereby established within the Government Operations Agency under the direction of the Department of General Services to serve as the managing entity of the data system.

10865.5.
 The managing entity shall support the governing board, advisory boards established under this chapter, partner entities, and other data providers in furtherance of the strategic objectives of the data system, including by doing all of the following:
(a) Staffing all meetings and processes of the governing board and any advisory board or task force established under this chapter.
(b) Supporting the development and updating of the governance manual for the data system.
(c) Onboarding new data contributors of the governing board, in partnership with the chair of the governing board.
(d) Implementing recommendations from the Data and Tools Advisory Board requiring new data elements, new visualizations on the dashboard, expanded query builder data points, or new tools.
(e) Conducting feasibility studies and developing proposals regarding the issues described in paragraph (4) of subdivision (b) of Section 10870.5.
(f) Developing proposals for professional development, technical assistance, and communication plans based on recommendations from the Community Engagement Advisory Board.
(g) Ensuring regular reports and external evaluations regarding whether and how the vision and strategic objectives for the data system are being implemented, based on a theory of action.
(h) Identifying barriers to implementing the mission and vision of the data system, and developing recommendations for the governing board on how to eliminate these barriers.
(i) Supporting the development of technical and data security policies, legal policies, data standards, and governance policies for the data system.
(j) Escalating issues to the governing board, as needed, regarding technical and legal implementation of the data system, and data provider compliance with statutory requirements and legal agreements.
(k) Coordinating with the governing board, the Governor, and advisory boards established under this chapter, regarding ongoing support from the legislative and executive branches of state government for the data system.

10866.
 The managing entity shall manage the technical infrastructure of the data system, including by doing all of the following:
(a) Creating, managing, procuring, securing, and maintaining a master data management model to match individual records. records, in accordance with the Department of Technology’s SIMM 19 - Project Approval Lifecycle. The findings, research, and recommendations produced by the Cradle-to-Career Working Group shall be reviewed, considered and, if appropriate, satisfy the requirements of this subdivision.
(b) Creating, managing, procuring, securing, and maintaining the infrastructure and tools to support data contributions and to receive and process research requests. requests, in accordance with the Department of Technology’s SIMM 19 - Project Approval Lifecycle. The findings, research, and recommendations produced by the Cradle-to-Career Working Group shall be reviewed, considered and, if appropriate, satisfy the requirements of this subdivision.
(c) Creating data sets that are tailored to approved purposes.
(d) Leveraging a role-based technical architecture to allow authorized parties to access unitary data points.
(e) Ensuring availability, reliability, and performance of the technical infrastructure.
(f) Ensuring data privacy and security.
(g) Developing and curating all necessary technical documentation and resources to facilitate data submissions from partner entities and other data providers.
(h) Providing ongoing training and technical assistance to partner entities and other data providers on the data submission process.

10866.5.
 The managing entity shall implement public tools for the data system and support the use of those tools, including by doing all of the following:
(a) Providing information to the public using dashboards, query builders, and research libraries.
(b) Leading user-centered design and testing processes for the dashboard and query builder tools of the data system.
(c) Providing objective written summaries of information available in the data system that relate to the public good and equitable opportunities and outcomes.
(d) Scaling existing tools that support college planning and the transfer of pupil and student records.
(e) Providing information, resources, training, and technical assistance that fosters evidence-based decisionmaking, strengthens analytical capacity to use available data tools, and enables end users to understand structural factors that influence outcomes.
(f) Ensuring information, resources, training, and technical assistance account for the needs of various communities, including by ensuring that all materials are accessible and provided in more than one language.
(g) Leading community engagement activities to provide an ongoing channel for the public to provide input about the data system and using these interactions to develop recommendations about available data and improving capacity for evidence-based decisionmaking.
(h) Where authorized, collecting new data points on behalf of the state.
(i) Engaging in continuous improvement by joining communities of practice for longitudinal data systems, identifying evolving best practices on legal, technical, data, and community engagement topics, conferring with experts, and participating in intrastate and national data collection and policy efforts.

10867.
 The managing entity shall do all of the following in support of the data system:

(a)Support data requests, including doing both of the following:

(1)Supporting a review process for data requests on behalf of the partner entities and other data providers, including the assessment of whether the request form is fully completed, cannot be answered using the public-facing query tools, does not violate any local, state, or federal law regarding privacy, and seeks information that is available from partner entities or other data providers through the data system.

(a) Support data requests, among other activities, including, but not limited to, by doing all of the following:
(1) Determining if the content and the purpose of the request is sufficiently clear.
(2) Aligning the request with available data and tools and advising the requestor of other similar analyses that have been conducted using the data system.
(3) Advising the requestor on how best to access the information.
(4) Determining and advising the requestor as to whether there are any legal impediments to the request, and supporting the requestor in identifying legally appropriate options.
(5) Coordinating the execution of legal agreements with data providers.
(6) Contracting with the Committee for the Protection of Human Subjects for the California Health and Human Services Agency to serve as the institutional review board regarding the use of personally identifiable information.
(7) Facilitating the timely resolution of concerns and the provision of data.
(8) Ensuring that the data request process is accessible and transparent, including making the criteria and status for requests publicly available and ensuring this information is posted in a prominent location on the data system’s internet website. For a data request that is denied, the requestor shall be provided a rationale for the denial that is made available to the requestor within 30 days of the decision to deny the request.

(2)Providing project

(b) Provide project management during the data request review process to facilitate timely resolution of any concerns and the provision of data.

(b)

(c) Improve data quality, including by doing both of the following:
(1) Working with the Data and Tools Advisory Board and the Community Engagement Advisory Board to identify data points with questionable data quality.
(2) Working with each partner entity or other data provider to determine if definitions or data points that are currently uploaded to the data system have changed, and and, if so, document implications for the data set and publicly available data.

(c)

(d) Ensure legal compliance of the data system by providing routine and ongoing compliance with all applicable federal, state, and partner entity or other data provider specific laws and regulations to ensure confidentiality and privacy of individual records.

(d)

(e) Manage administrative functions, including all of the following:
(1) Developing an annual workplan, for approval by the governing board.
(2) Developing budget requests and operational budgets, for approval by the governing board.
(3) Expending funds in alignment with the operational budget and following an agreed-upon process to address unanticipated expenses.
(4) Entering into contracts and other agreements in furtherance of supporting the data system and performing the duties required under this chapter.
(5) Overseeing personnel management and compensation of the staff of the managing entity, other than the director of the managing entity.

10868.
 Notwithstanding Section 11010 of the Government Code, and the State Administrative Manual, the governing board and the managing entity may implement a data request fee policy to compensate for excessive use of the data system, to recover costs that would otherwise typically be borne by the requesting data researcher, or both. A data request fee policy implemented pursuant to this section shall be reviewed and approved by the governing board, revised periodically, and made publicly available and posted in a prominent location on the data system’s internet website.

10868.5.
 (a) Data providers shall submit to the managing entity, at least annually, the data points contained in the P20W data set.
(b) Source data shall be consistent with data definitions and standards adopted by the governing board. Data providers shall make every effort to ensure source data is of the highest quality before submitting the data to the managing entity for inclusion in the data system.
(c) Data sharing agreements necessary to effectuate this section shall use the IDEA/BUCP process or a successor process by which state entities share data.
(d) The managing entity shall work with data providers to ensure data quality, in furtherance of subdivision (c) of Section 10867.

10869.
 (a) The managing entity may create and sunset task forces to provide expertise necessary to implement the strategic objectives outlined by the governing board, taking into consideration the cost, size, and purpose of the task force. The topics, duration, and membership of a task force shall remain flexible, with the governing board providing input on its purpose and composition.
(b) All meetings of a task force established under this section shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

10869.5.
 Notwithstanding any other law, individual records contained in the data system shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

SEC. 9.SEC. 8.

 Article 5 4 (commencing with Section 10870) is added to Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to read:
Article  4. Data System Advisory Boards

10870.
 (a) All meetings of an advisory board established under this article shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(b) An advisory board established under this article shall be staffed by the managing entity.

10870.5.
 (a) (1) The Data and Tools Advisory Board is hereby established established, consisting of 16 members appointed by the governing board.
(2) (A) Members appointed to the advisory board shall be end users of the data from the data system, including, but not limited to, practitioners, families, pupils, students, adult learners and workers, community organization staff, research organization staff, and advocacy organization staff.
(B) A representative from a particular group or entity shall not serve for more than one consecutive term, and a particular group or entity shall not have more than one representative on the advisory board at any given time.
(3) (A) Except as provided in subparagraph (B), the members of the advisory board shall serve three-year terms.
(B) The governing board shall stagger initial terms of the members of the advisory board so that the initial term expires in three years for six members, the initial term expires in two years for five members, and the initial term expires in one year for five members.
(b) The advisory board shall do all of the following:
(1) Each year, examine whether the data system is providing actionable information and identify ways to improve access to that information.
(2) Each year, review the data requests that were approved and denied to identify mechanisms that would enable appropriate data requests to be approved.
(3) Consult with data experts and intended data users, including members of the public, when developing data use priorities.
(4) Provide recommendations to the governing board that are paired with feasibility studies by the managing entity regarding all of the following:
(A) Data availability, reliability, and validity of the data system.
(B) Legal requirements for the data system.
(C) Startup and ongoing costs to the managing entity, partner entities, and other data providers.
(D) Potential approaches for collecting information for the data system.

10871.
 (a) (1) The Community Engagement Advisory Board is hereby established established, consisting of 16 members appointed by the governing board.
(2) (A) Members appointed to the advisory board shall be end users of the data from the data system, including, but not limited to, practitioners, families, pupils, students, adult learners and workers, community organization staff, research organization staff, and advocacy organization staff.
(B) A representative from a particular group or entity shall not serve for more than one consecutive term, and a particular group or entity shall not have more than one representative on the advisory board at any given time.
(3) (A) Except as provided in subparagraph (B), the members of the advisory board shall serve three-year terms.
(B) The governing board shall stagger initial terms of the members of the advisory board so that the initial term expires in three years for six members, the initial term expires in two years for five members, and the initial term expires in one year for five members.
(b) (1) The advisory board shall examine whether the managing entity is creating strong feedback loops with data users, supporting evidence-based decisionmaking and analytical capacity, and ensuring equitable access to actionable information.
(2) The advisory board shall develop suggestions to improve data usage for the governing board, including for all of the following:
(A) Professional development and technical assistance models that foster evidence-based decision making, decisionmaking, strengthen analytical capacity to use available data tools, and enable end users to understand structural factors that influence outcomes.
(B) Communication structures that ensure a broad range of Californians know about and are using the tools of the data system.
(C) Feedback loops that ensure meaningful public input.
(D) Additional tools that would address strategic objectives for the data system.
(3) The advisory board shall consult with data experts and intended data users, including members of the public, when developing data use priorities.