ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

Senate: ED DPA 9-0-0-0 | 3rd Read 20-10-0-0

SB1209: students; data; accessibility; governance commission

Sponsor:  Senator Pace, LD 25

Committee on Education

Overview

Allows county school superintendents, the State Board of Education (SBE) and the Arizona State Board for Charter Schools (ASBCS) to have access to student level data maintained by the Arizona Department of Education (ADE).

History

The 14-member Data Governance Commission (Commission) operates within ADE and is tasked with identifying, examining and evaluating the needs of Arizona's public educational institutions. Specifically, the Commission is required to:

1)    Establish guidelines related to managed data access, technology, privacy, security, adequacy of training and data model implementation, prioritization of funding opportunities, data conflict resolution and the reporting form and format of data elements;

2)    Provide technology spending recommendations;

3)    Provide data confidentiality control and data security analyses and recommendations, access privileges and management, data audit management, data standards for stored data and data in transmission, documentation standards for data elements and system components, data archival and retrieval management systems, publication of standard and ad hoc reports for state and local level use on student achievement and publication of implementation timelines and progress;

4)    Ensure that guidelines and recommendations reduce duplication and administrative requirements for public educational institutions; and

5)    Submit an annual report regarding the Commission's activities.

The Commission is scheduled to terminate on July 1, 2020 (A.R.S. § 15-249.01).

Statute directs ADE, in coordination with the Commission, to develop and implement the Arizona Education Learning and Accountability System (AELAS) to collect, compile, maintain and report student level data for students attending Arizona public educational institutions. Statute requires that AELAS:

1)    Maintain student demographic, grade level, assessment and teacher assignment data required to meet state and federal reporting requirements;

2)    Incorporate the Student Accountability Information System; and

3)    Be accessible through commonly used internet web browsers. (A.R.S. § 15-249).

ADE must comply with the Family Educational Rights and Privacy Act (FERPA) for any disclosure of educational records. Statute directs ADE to allow access of student level data for currently enrolled students to school districts, career technical education districts and charter schools (A.R.S. § 15-1043).

 

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.    Requires ADE to adopt policies and procedures to allow access of student level data to:

a)    County school superintendents for students currently enrolled in school districts located in their county of jurisdiction;

b)    SBE for students currently enrolled in an Arizona school district or charter school; and

c)    ASBCS for students currently enrolled in charter schools sponsored by ASBCS. (Sec. 2)

2.    Directs ADE to develop policies and procedures to comply with FERPA and other relevant privacy laws and policies. (Sec. 2)

a)    Requires these policies, as defined by interagency data-sharing agreements, to include policies that manage access to personally identifiable information and that are to be implemented by ADE, county school superintendents, SBE and ASBCS. (Sec. 2)

3.    Requires ADE's policies and procedures to:

a)    Contain a detailed data security plan that includes:

i.      Guidelines for authorizing access to the systems housing student level data and individual student data;

ii.     Privacy compliance standards;

iii.    Privacy and security audits;

iv.   Security breach planning, notice and procedures;

v.     Data retention and disposition policies, which must include specific criteria for identifying when and how the data will be destroyed;

vi.   Guidance for school districts, charter schools and staff regarding data use;

vii.  Consequences for security breaches; and

viii. Staff training regarding the guidelines.

b)    Ensure that written agreements involving the disclosure of student level data comply with:

i.      The minimum conditions prescribed by FERPA;

ii.     Specify the purpose, scope and duration of the studies and the information to be disclosed;

iii.    Require the organization to use personally identifiable information from educational records only to meet the purpose or purposes of the study as stated in the written agreement;

iv.   Require the organization to conduct the study in a manner that does not allow access to the personally identifiable data of parents and students by anyone other than representatives of the organization with legitimate interests; and

v.     Require the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and to specify the time period in which the information must be destroyed.

c)    Ensure that any work products from the use of student level data are not in conflict with any state and federal reporting; and

d)    Provide access to student level data through an online platform within the parameters of federal law and pursuant to the written agreements. (Sec. 2)

4.    Adds a county school superintendent, who is appointed by the Governor, to the Commission. (Sec. 1)

5.    Extends the Commission to July 1, 2026. (Sec. 1)

6.    Makes technical changes. (Sec. 2)

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10.                    SB 1209

11.  Initials CH Page 0 Education

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