80R16681 SLO-D

By: Eissler, Murphy H.B. No. 2238

Substitute the following for H.B. No. 2238:

By: Dutton C.S.H.B. No. 2238

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Texas Education Data System (TEDS).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Education Code, is amended by adding Chapter 2 to read as follows: CHAPTER 2. TEXAS EDUCATION DATA SYSTEM (TEDS) SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2.001. DEFINITIONS. In this chapter:

(1) "Board" means the system board established under Section 2.051.

(2) "Charter school" means any school or program that is operating under a charter authorized by Chapter 12 or other law, including:

(A) a home-rule school district under Subchapter B, Chapter 12;

(B) a campus or campus program under Subchapter C, Chapter 12;

(C) an open-enrollment charter school under Subchapter D, Chapter 12; and

(D) a college or university charter school under Subchapter E, Chapter 12.

(3) "Education agency" means:

(A) the Texas Education Agency, the State Board for Educator Certification, or the Texas Higher Education Coordinating Board; or

(B) a regional education service center, as defined by Section 5.001, or any other public local, regional, or state education organization identified by the board for participation in the system.

(4) "Educational institution" means:

(A) a school district or campus;

(B) a charter school;

(C) an institution of higher education; or

(D) a university system.

(5) "Educator" means a person who:

(A) is required to hold a certificate issued under Subchapter B, Chapter 21; or

(B) is an instructor or administrator at an institution of higher education or university system.

(6) "Institution of higher education" has the meaning assigned by Section 61.003.

(7) "System" means the Texas Education Data System (TEDS) established under this chapter.

(8) "University system" has the meaning assigned by Section 61.003.

Sec. 2.002. PURPOSE. The purpose of the system is to:

(1) enable educational institutions and education agencies to provide detailed information for the evaluation and improvement of educational programs;

(2) facilitate academic, fiscal, and managerial accountability at educational institutions and education agencies; and

(3) enable educational institutions and education agencies to provide information to the public in a manner consistent with state and federal law, including the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g).

Sec. 2.003. PARTICIPATION REQUIRED. Each educational institution and education agency shall:

(1) participate in the system; and

(2) use information systems, including connection capabilities, data elements, and accounting, personnel, and student information systems, that are certified by the board as meeting the system's requirements.

Sec. 2.0031. IMPLEMENTATION. (a) Not later than September 1, 2011:

(1) the board shall fully implement the system for participation by educational institutions and education agencies; and

(2) each educational institution and education agency shall begin participating in the system as required by Section 2.003.

(b) This section expires December 1, 2011.

Sec. 2.004. REFERENCE TO PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM (PEIMS). On or after September 1, 2011, a reference in law to the Public Education Information Management System (PEIMS) means the Texas Education Data System (TEDS). [Sections 2.005-2.050 reserved for expansion] SUBCHAPTER B. SYSTEM BOARD

Sec. 2.051. ESTABLISHMENT OF BOARD. The commissioner of education and the commissioner of higher education shall establish a board to implement and administer the system.

Sec. 2.052. MEMBERSHIP OF BOARD. (a) The board is composed of 15 members, including the commissioner of education and the commissioner of higher education. The commissioner of education and the commissioner of higher education shall co-chair the board.

(b) The commissioner of education shall appoint seven members of the board. Five of the members appointed by the commissioner of education must have extensive experience in the field of public education data systems. Two of the members appointed by the commissioner of education must be selected from a list of candidates prepared by the lieutenant governor for appointment to the board.

(c) The commissioner of higher education shall appoint six members of the board. Four of the members appointed by the commissioner of higher education must have extensive experience in the field of higher education data systems. Two of the members appointed by the commissioner of higher education must be selected from a list of candidates prepared by the speaker of the house of representatives for appointment to the board.

Sec. 2.053. TERMS. Members of the board, other than the commissioner of education and commissioner of higher education, serve two-year terms expiring February 1 of each odd-numbered year, and are eligible for reappointment.

Sec. 2.054. REIMBURSEMENT FOR EXPENSES. A member of the board is not entitled to compensation for the member's service on the board, but is entitled to reimbursement for actual and reasonable expenses incurred while on board business as provided by the General Appropriations Act. [Sections 2.055-2.100 reserved for expansion] SUBCHAPTER C. SYSTEM COMPONENTS

Sec. 2.101. ESTABLISHMENT OF SYSTEM. (a) The board shall establish, implement, and administer the system in the manner provided by this chapter.

(b) The system must be an efficient, cost-effective electronic system for storage of public and higher education data that consolidates systems and data previously managed separately by the Texas Education Agency, the Texas Higher Education Coordinating Board, and the State Board for Educator Certification.

(c) In implementing the system, the board shall:

(1) develop policy objectives concerning the system;

(2) design strategies for the implementation of the system; and

(3) create evaluation criteria for the system so that the system is capable of providing detailed student achievement, curricular, instructional, managerial, and educational policy data functions.

Sec. 2.102. SYSTEM TECHNOLOGIES. In developing the system, the board shall ensure that the system includes:

(1) technologies that connect data elements among educational institutions and education agencies;

(2) direct connection technologies that allow educational institutions and education agencies to use a variety of local information systems to maintain data, connect with the system, and facilitate timely exchange of information;

(3) technologies that enable the system to be connected with other relevant state or federal data systems; and

(4) analytical tools designed to assist educators, policy makers, and researchers in the evaluation of student achievement, educational programs, and operational efficiencies.

Sec. 2.103. SYSTEM DATA ELEMENTS. (a) The board shall identify the data elements required for inclusion in the system. The data elements must include:

(1) data for each educational institution concerning personnel, revenue and expenditures, and student and community demographics;

(2) to the extent applicable, a record of the academic training, certifications, experience, and completion of continuing education and professional development for each educator employed by an educational institution;

(3) data concerning student academic performance, including performance on state assessment instruments; and

(4) a transcript for each student enrolled in an educational institution that includes the following information:

(A) for a student enrolled in an institution of higher education:

(i) courses taken by the student and course completion and academic performance information concerning the student;

(ii) instructors of record for the student; and

(iii) each degree awarded to the student; and

(B) for a student enrolled in a school district or charter school:

(i) courses taken by the student and grade or course completion information, as applicable, concerning the student;

(ii) teachers of record for the student;

(iii) the student's performance on assessment instruments administered under Section 39.023;

(iv) information concerning whether the student received special education services under Subchapter A, Chapter 29, including information concerning any individualized education program developed for the student under Section 29.005;

(v) information concerning any personal graduation plan developed for the student under Section 28.0212;

(vi) the student's attendance records; and

(vii) the specific reason for leaving a school district or charter school, such as transferring, graduating, or dropping out of school.

(b) In specifying the data elements that must be included in the system, the board shall consider the cost to educational institutions of collecting and reporting the required information.

Sec. 2.104. ANALYTICAL TOOLS. (a) The board shall incorporate into the system analytical tools for improving the quality of data collection, management, analyses, and dissemination.

(b) The analytical tools, where applicable, must be designed to provide information that can be used directly and efficiently by educators so as to limit the need for locally designed data management systems.

(c) The analytical tools incorporated into the system under this section must include:

(1) measures of improvement in student achievement as provided by Section 2.105;

(2) comparative academic and fiscal measures of success as provided by Section 2.106; and

(3) dropout prevention and intervention tools as provided by Section 2.107.

Sec. 2.105. MEASURES OF IMPROVEMENT IN STUDENT ACHIEVEMENT. (a) The board shall contract with one or more centers for education research, as established under Section 1.005, to develop recommendations, drawing from the best available research and information, for using the system to measure improvement in individual student achievement on assessment instruments administered under Section 39.023.

(b) The board shall select a methodology and incorporate into the system a capability for generating reports for school districts and charter schools concerning annual improvement in student achievement at the student, classroom, campus, and district level.

(c) The methodology selected by the board must be capable of providing a reliable and valid measure for use in conducting appraisals of educators employed by school districts or charter schools.

Sec. 2.106. COMPARATIVE ACADEMIC AND FISCAL MEASURES OF SUCCESS. (a) The board shall select a methodology and incorporate into the system a capability for generating reports that compare the spending and performance of educational institutions over time and as compared with other educational institutions.

(b) The methodology selected by the board must include advanced statistical methods that can adjust for factors beyond the control of an educational institution, including student demographics and community characteristics.

Sec. 2.107. DROPOUT PREVENTION AND INTERVENTION. (a) The board shall contract with one or more centers for education research, as established under Section 1.005, to develop recommendations for establishing indicators for identifying students who are likely to drop out of school.

(b) The board shall select a methodology and incorporate into the system a reporting method that aids in the early detection and intervention of students who are likely to drop out of school.

Sec. 2.108. INFORMATION CONCERNING INSTRUCTIONAL METHODS PROHIBITED. The system may not contain any information concerning instructional methods, except as required by federal law. [Sections 2.109-2.150 reserved for expansion] SUBCHAPTER D. ADMINISTRATION AND MANAGEMENT OF SYSTEM

Sec. 2.151. RULES. (a) The commissioner of education and the Texas Higher Education Coordinating Board may jointly adopt rules necessary to support the implementation of criteria, strategies, and policies adopted by the system board.

(b) The commissioner of education and the Texas Higher Education Coordinating Board shall, where applicable, coordinate with the State Board for Educator Certification in adopting the rules.

Sec. 2.152. COST-EFFECTIVE MANAGEMENT OF SYSTEM. (a) The board shall identify the most cost-effective approach to establishing and maintaining the system, including in establishing and selecting:

(1) interfaces to the data system for educators, educational institutions, education agencies, other state agencies, centers for education research established under Section 1.005, and the public; and

(2) analytical tools that improve the quality of data submissions, educational programs, and operational efficiencies at educational institutions and education agencies.

(b) To achieve the objectives described by this section, the board:

(1) shall consider using the TexasOnline project as provided by Section 2054.252, Government Code; and

(2) may issue requests for proposals and award contracts on a competitive basis.

(c) The board may enter into a contract with one or more persons with relevant expertise to:

(1) advise the board in issuing requests for proposals under Subsection (b)(2);

(2) score responses to proposals received by the board; and

(3) make recommendations to the board concerning the proposals.

Sec. 2.153. ADVISORY GROUPS. The board may establish stakeholder advisory groups for the purpose of providing the board with additional information and expertise concerning the structures and functions of the system, including the system's data elements and interface design.

Sec. 2.154. ASSISTANCE OF DEPARTMENT OF INFORMATION RESOURCES. The Department of Information Resources shall assist the board in the design, coordination, implementation, and management of projects related to the system.

Sec. 2.155. PROCESS FOR RELEASING INFORMATION. The board shall develop and implement a process for releasing information for research purposes in a manner consistent with state and federal law, including the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g).

Sec. 2.156. GRANTS; FEDERAL FUNDS. For the purpose of developing, maintaining, and enhancing the system, the commissioner of education and the commissioner of higher education:

(1) may solicit and receive grants; and

(2) where applicable, shall apply for and use relevant federal funds. [Sections 2.157-2.200 reserved for expansion] SUBCHAPTER E. REVIEWS AND REPORTS CONCERNING SYSTEM

Sec. 2.201. PUBLICATION OF ANNUAL REPORT. Annually the board shall publish a report concerning the system. The report must include:

(1) information concerning the system's data standards;

(2) descriptions of data elements and codes;

(3) detailed information concerning responsibilities of educational institutions and education agencies relating to data submission; and

(4) descriptions of data submission requirements, including specifications for layout and editing.

Sec. 2.202. REVIEW; RECOMMENDATIONS TO LEGISLATURE. (a) The board shall review rules, criteria, strategies, and policies relating to the system and make recommendations to the commissioner of education and the commissioner of higher education concerning the repeal or amendment of rules or reporting requirements that are unnecessary.

(b) Not later than December 1 of each even-numbered year, the board shall provide each member of the legislature with a report concerning recommendations for improving the efficiency and effectiveness of the system.

(c) Not later than September 1, 2012, the board shall complete the first review required by Subsection (a). Not later than December 1, 2012, the board shall provide the first report to each member of the legislature as required by Subsection (b). This subsection expires January 1, 2013.

SECTION 2. Effective September 1, 2011, Section 42.006, Education Code, is repealed.

SECTION 3. As soon as practicable after the effective date of this Act:

(1) the lieutenant governor shall provide the commissioner of education with a list of candidates for appointment to the Texas Education Data System (TEDS) board, as required by Section 2.052, Education Code, as added by this Act;

(2) the speaker of the house of representatives shall provide the commissioner of higher education with a list of candidates for appointment to the Texas Education Data System (TEDS) board, as required by Section 2.052, Education Code, as added by this Act; and

(3) the commissioner of education and the commissioner of higher education shall appoint members to the Texas Education Data System (TEDS) board.

SECTION 4. This Act takes effect September 1, 2007.