2005 California Education Code Sections 60900 SYSTEM

60900.  (a) The State Department of Education shall contract for the
development of proposals which will provide for the retention and
analysis of longitudinal pupil achievement data on the tests
administered pursuant to Chapter 5 (commencing with Section 60600),
Chapter 7 (commencing with Section 60810), and Chapter 9 (commencing
with Section 60850).  The longitudinal data shall be known as the
California longitudinal pupil achievement data system.
   (b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
California longitudinal pupil achievement data system.  The proposals
shall additionally evaluate and determine the most effective means
of housing the California longitudinal pupil achievement data system.
   (c) The California longitudinal pupil achievement data system
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
   (d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
   (1) To provide school districts and the State Department of
Education access to data necessary to comply with federal reporting
requirements delineated in the No Child Left Behind Act of 2001 (20
U.S.C.  Sec. 6301 et seq.).
   (2) To provide a better means of evaluating educational progress
and investments over time.
   (3) To provide local educational agencies information that can be
used to improve pupil achievement.
   (4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
   (e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
   (1) All demographic data collected from the STAR test, high school
exit examination, and English language development test.
   (2) Pupil achievement data from assessments administered pursuant
to the STAR, high school exit examination, and English language
development testing programs.  To the extent feasible, data should
include subscore data within each content area.
   (3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR tests, high school exit examination,
and the English language development test.
   (4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
   (5) Other data elements deemed necessary by the Superintendent of
Public Instruction, with approval of the State Board of Education, to
comply with the federal reporting requirements delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), after
review and comment by the advisory board convened pursuant to
subdivision (h).
   (f) The California longitudinal pupil achievement data system or
systems shall have all of the following characteristics:
   (1) The ability to sort by demographic element collected from the
STAR tests, high school exit examination, and English language
development test.
   (2) The capability to be expanded to include pupil achievement
data from multiple years.
   (3) The capability to monitor pupil achievement on the STAR tests,
high school exit examination, and English language development test
from year to year and school to school.
   (4) The capacity to provide data to the state and local
educational agencies upon their request.
   (g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the 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 with the Family Education
Rights and Privacy Act statute (20 U.S.C. Secs.  1232g and 1232h) and
related federal regulations.
   (h) The State Department of Education shall convene an advisory
board consisting of representatives from the State Board of
Education, the Secretary for Education, the Department of Finance,
the State Privacy Ombudsman, the Legislative Analyst's office,
representatives of parent groups, school districts, and local
educational agencies, and education researchers to establish privacy
and access protocols, provide general guidance, and make
recommendations relative to data elements.  The department is
encouraged to seek representation broadly reflective of the general
public of California.
   (i) Subject to funding being provided in the annual Budget Act,
the State Department of Education shall contract with a consultant
for independent project oversight.  The Director of Finance shall
review the request for proposals for the contract.  The consultant
hired to conduct the independent project oversight shall twice
annually submit a written report to the Superintendent of Public
Instruction, the State Board of Education, the advisory board, the
Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature.  The report shall
include an evaluation of the extent to which the California
longitudinal pupil achievement data system is meeting the goals
described in subdivision (b) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
   (j) This section shall be implemented using federal funds received
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), which are appropriated for purposes of this
section in Item 6110-113-0890 of Section 2.00 of the Budget Act of
2002 (Chapter 379 of the Statutes of 2002).  The release of these
funds is contingent on approval of an expenditure plan by the
Department of Finance.
   (k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, or charter
school.