LCO No. 4041 1 of 5 General Assembly Raised Bill No. 851 January Session, 2019 LCO No. 4041 Referred to Committee on EDUCATION Introduced by: (ED) AN ACT PROHIBITING THE DISAGGREGATION OF ST UDENT DATA BY ETHNIC SUBGROUPS IN THE PUBLIC SCHOOL INFORMATION SYSTEM. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 10-10a of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2019): 2 (a) As used in this section: 3 (1) "Teacher" means any certified professional employee below the 4 rank of superintendent employed by a board of education for at least 5 ninety days in a position requiring a certificate issued by the State 6 Board of Education; 7 (2) "Teacher preparation program" means a program designed to 8 qualify an individual for professional certification as an educator 9 provided by institutions of higher education or other providers 10 approved by the Department of Education, including, but not limited 11 to, an alternate route to certification program. 12 Raised Bill No. 851 LCO No. 4041 2 of 5 (b) The Department of Education shall develop and implement a 13 state-wide public school information system. The system shall be 14 designed for the purpose of establishing a standardized electronic data 15 collection and reporting protocol that will facilitate compliance with 16 state and federal reporting requirements, improve school-to-school 17 and district-to-district information exchanges, and maintain the 18 confidentiality of individual student and staff data. The initial design 19 shall focus on student information, provided the system shall be 20 created to allow for future compatibility with financial, facility and 21 staff data. The system shall provide for the tracking of the performance 22 of individual students on each of the state-wide mastery examinations 23 under section 10-14n in order to allow the department to compare the 24 progress of the same cohort of students who take each examination 25 and to better analyze school performance. The department shall assign 26 a unique student identifier to each student prior to tracking the 27 performance of a student in the public school information system. 28 (c) The state-wide public school information system shall: 29 (1) Track and report data relating to student, teacher and school and 30 district performance growth and make such information available to 31 local and regional boards of education for use in evaluating 32 educational performance and growth of teachers and students enrolled 33 in public schools in the state. Such information shall be collected or 34 calculated based on information received from local and regional 35 boards of education and other relevant sources. Such information shall 36 include, but not be limited to: 37 (A) In addition to performance on state-wide mastery examinations 38 pursuant to subsection (b) of this section, data relating to students shall 39 include, but not be limited to, (i) the primary language spoken at the 40 home of a student, (ii) student transcripts, (iii) student attendance and 41 student mobility, (iv) reliable, valid assessments of a student's 42 readiness to enter public school at the kindergarten level, and (v) data 43 collected, if any, from the preschool experience survey, described in 44 section 10-515. Such data relating to students shall not be 45 Raised Bill No. 851 LCO No. 4041 3 of 5 disaggregated by ethnic subgroups unless such disaggregated student 46 data is (I) required under federal law, or (II) collected uniformly for all 47 ethnic subgroups among the entire student population in the state; 48 (B) Data relating to teachers shall include, but not be limited to, (i) 49 teacher credentials, such as master's degrees, teacher preparation 50 programs completed and certification levels and endorsement areas, 51 (ii) teacher assessments, such as whether a teacher is deemed highly 52 qualified pursuant to the No Child Left Behind Act, P.L. 107-110, or 53 deemed to meet such other designations as may be established by 54 federal law or regulations for the purposes of tracking the equitable 55 distribution of instructional staff, (iii) the presence of substitute 56 teachers in a teacher's classroom, (iv) class size, (v) numbers relating to 57 absenteeism in a teacher's classroom, and (vi) the presence of a 58 teacher's aide. The department shall assign a unique teacher identifier 59 to each teacher prior to collecting such data in the public school 60 information system; 61 (C) Data relating to schools and districts shall include, but not be 62 limited to, (i) school population, (ii) annual student graduation rates, 63 (iii) annual teacher retention rates, (iv) school disciplinary records, 64 such as data relating to suspensions, expulsions and other disciplinary 65 actions, (v) the percentage of students whose primary language is not 66 English, (vi) the number of and professional credentials of support 67 personnel, (vii) information relating to instructional technology, such 68 as access to computers, and (viii) disaggregated measures of school-69 based arrests pursuant to section 10-233n. 70 (2) Collect data relating to student enrollment in and graduation 71 from institutions of higher education for any student who had been 72 assigned a unique student identifier pursuant to subsection (b) of this 73 section, provided such data is available. 74 (3) Develop means for access to and data sharing with the data 75 systems of public institutions of higher education in the state. 76 (d) On or before July 1, 2011, and each year thereafter until July 1, 77 Raised Bill No. 851 LCO No. 4041 4 of 5 2013, the Commissioner of Education shall report, in accordance with 78 the provisions of section 11-4a, to the joint standing committee of the 79 General Assembly having cognizance of matters relating to education 80 on the progress of the department's efforts to expand the state-wide 81 public school information system pursuant to subsection (c) of this 82 section. The report shall include a full statement of those data elements 83 that are currently included in the system and those data elements that 84 will be added on or before July 1, 2013. 85 (e) The system database of student information shall not be 86 considered a public record for the purposes of section 1-210. Nothing 87 in this section shall be construed to limit the ability of a full-time 88 permanent employee of a nonprofit organization that is exempt from 89 taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, 90 or any subsequent corresponding internal revenue code of the United 91 States, as from time to time amended, and that is organized and 92 operated for educational purposes, to obtain information in accordance 93 with the provisions of subsection (h) of this section. 94 (f) All school districts shall participate in the system, and report all 95 necessary information required by this section, provided the 96 department provides for technical assistance and training of school 97 staff in the use of the system. 98 (g) Local and regional boards of education and preschool programs 99 which receive state or federal funding shall participate, in a manner 100 prescribed by the Commissioner of Education, in the state-wide public 101 school information system described in subsection (b) of this section. 102 Participation for purposes of this subsection shall include, but not be 103 limited to, reporting on (1) student experiences in preschool by 104 program type and by numbers of months in each such program, and 105 (2) the readiness of students entering kindergarten and student 106 progress in kindergarten. Such reporting shall be done by October 1, 107 2007, and annually thereafter. 108 (h) On and after August 1, 2009, upon receipt of a written request to 109 Raised Bill No. 851 LCO No. 4041 5 of 5 access data maintained under this section by a full-time permanent 110 employee of a nonprofit organization that is exempt from taxation 111 under Section 501(c)(3) of the Internal Revenue Code of 1986, or any 112 subsequent corresponding internal revenue code of the United States, 113 as from time to time amended, and that is organized and operated for 114 educational purposes, the Department of Education shall provide such 115 data to such requesting party not later than sixty days after such 116 request, provided such requesting party shall be responsible for the 117 reasonable cost of such request. The Department of Administrative 118 Services shall monitor the calculation of such fees charged for access to 119 or copies of such records to ensure that such fees are reasonable and 120 consistent with those charged by other state agencies. The Department 121 of Education shall respond to written requests under this section in the 122 order in which they are received. 123 (i) The superintendent of schools of a school district, or his or her 124 designee, may access information in the state-wide public school 125 information system regarding the state-wide mastery examination 126 under section 10-14n. Such access shall be for the limited purpose of 127 determining examination dates, examination scores and levels of 128 student achievement on such examinations for students enrolled in or 129 transferring to the school district of such superintendent. 130 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2019 10-10a Statement of Purpose: To prohibit the collection of disaggregated student data on specific ethnic subgroups unless such student data is required by federal law or collected uniformly across the entire population of students. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]