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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a statewide education data |
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management system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Education Code, is amended by adding |
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Chapter 2 to read as follows: |
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CHAPTER 2. EDUCATION DATA MANAGEMENT |
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Sec. 2.001. STUDENT INFORMATION MANAGEMENT SYSTEM. (a) The |
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Texas Education Agency shall establish a student information |
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management system for use by school districts, open-enrollment |
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charter schools, and other public schools. A system established |
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under this section must be capable of supporting local information |
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systems and state reporting requirements. |
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(b) The Texas Education Agency may provide information |
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relating to best practices regarding student information |
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management systems to school districts, open-enrollment charter |
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schools, and other public schools. |
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Sec. 2.002. REGIONAL EDUCATION DATA COLLABORATIVES. (a) |
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In this section, "regional P-16 council" means a regional council |
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established in furtherance of the policy and goals described in |
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Section 61.076. |
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(b) The commissioner of education and commissioner of |
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higher education shall jointly select regional P-16 councils to |
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participate in regional education data collaboratives in order to: |
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(1) assist educational institutions in setting goals, |
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monitoring progress, and improving decision-making regarding |
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instruction and operations; |
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(2) improve public reporting of information in a |
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manner consistent with state and federal law, including the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g); |
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(3) reduce the costs of compliance for educational |
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institutions and facilitate reporting of required data to state and |
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federal agencies; and |
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(4) assist the Texas Education Agency and the Texas |
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Higher Education Coordinating Board in implementing the |
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operational data store under Section 2.003 and the aggregated data |
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warehouse under Section 2.004. |
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(b-1) Not later than September 15, 2009, the commissioner of |
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education and the commissioner of higher education shall select at |
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least two but not more than three regional P-16 councils to |
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participate in a regional education data collaborative. This |
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subsection expires October 1, 2009. |
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(c) A regional P-16 council selected under Subsection (b) |
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must demonstrate excellence in using data to: |
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(1) promote the efficient use of resources; and |
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(2) improve decision-making across educational |
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institutions. |
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(d) A regional education data collaborative established |
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under this section shall: |
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(1) work with at least eight educational institutions |
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or entities located within the region served by the regional P-16 |
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council, including school districts of various sizes, |
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open-enrollment charter schools, regional education service |
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centers, community colleges, and general academic institutions of |
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higher education; |
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(2) establish a regional data governance board |
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composed of representatives of: |
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(A) each of the participating educational |
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institutions or entities; and |
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(B) educational researchers, including |
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researchers affiliated with an education research center |
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established under Section 1.005; |
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(3) review data collected by educational |
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institutions, including data not currently reported to a state |
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agency, that may be used to improve instruction and operations at |
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educational institutions and increase educational attainment in |
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the region; |
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(4) use an inclusive, consensus-building process to |
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identify key issues relating to the instruction and operations of |
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educational institutions that may be addressed through improved |
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data collection and use of data; |
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(5) assist the Texas Education Agency and the Texas |
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Higher Education Coordinating Board in: |
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(A) developing consistent definitions and |
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standards for data collected or maintained by educational |
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institutions; |
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(B) defining the requirements for the student |
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information management system established under Section 2.001; |
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(C) supporting adoption of the student |
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information management system established under Section 2.001 by |
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school districts, open-enrollment charter schools, and other |
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public schools; and |
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(D) developing the aggregated data warehouse |
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under Section 2.004; |
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(6) with the assistance of the Texas Education Agency |
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and the Texas Higher Education Coordinating Board, partner with |
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other regional collaboratives established under this section to |
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establish the operational data store under Section 2.003; and |
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(7) make recommendations regarding the improvement of |
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education data collection and management to the commissioner of |
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education, the commissioner of higher education, and the |
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legislature. |
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(e) An educational institution participating in a regional |
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education data collaborative shall: |
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(1) participate in collaborative decision-making |
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regarding the specification, collection, and maintenance of |
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educational data by educational institutions, including |
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developing: |
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(A) applications that improve data quality and |
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reduce costs of compliance; and |
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(B) business intelligence tools that support end |
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user analysis and reporting; |
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(2) facilitate the timely collection of academic, |
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fiscal, and managerial data for inclusion in the operational data |
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store under Section 2.003; and |
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(3) with the assistance of the Texas Education Agency |
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and the Texas Higher Education Coordinating Board, use unique |
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personal identification numbers for each student enrolled in and |
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educator employed by the educational institution for the purpose of |
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facilitating the connection of relevant data elements. |
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Sec. 2.003. OPERATIONAL DATA STORE. (a) The regional |
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education data collaboratives established under Section 2.002, |
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with the support and assistance of the Texas Education Agency and |
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the Texas Higher Education Coordinating Board, shall establish an |
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operational data store for the maintenance of educational data |
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created by educational institutions. |
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(b) The operational data store established under this |
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section shall be designed and maintained in a manner that will |
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permit the participation of any educational institution in this |
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state, including a school district, open-enrollment charter |
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school, other public school, institution of higher education, and |
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university system. |
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(c) To the extent practicable, the operational data store |
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shall obtain academic, fiscal, and managerial data from |
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participating educational institutions, including public schools |
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using the student information management system under Section |
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2.001, not later than the seventh day after the date the data was |
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originally collected. |
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(d) The operational data store shall support, in a manner |
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consistent with state and federal law, including the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g), the secure transfer of individual student data of a student |
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who: |
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(1) transfers from a participating educational |
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institution to another participating educational institution; or |
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(2) concurrently enrolls in two or more participating |
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educational institutions. |
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(e) The data included in the operational data store is for |
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use by the educational institution supplying the data to support |
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the educational institution's local functions and the functions of |
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the relevant regional education data collaborative under Section |
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2.002, including reporting and analysis. Except as provided by this |
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chapter or by agreement of the educational institution, a person or |
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agency may not use data included in the operational data store for |
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analysis. |
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(f) The operational data store may include data from |
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regional education service centers, state assessment vendors, and |
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other state and federal agencies. |
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(g) Except as required for a function of an education data |
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collaborative under Section 2.002 or as required under Section |
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2.004, the operational data store may not release student, human |
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resource, or financial data from an educational institution without |
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the consent of the institution. |
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(h) The regional education data collaboratives established |
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under Section 2.002, with the assistance and support of the Texas |
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Education Agency and the Texas Higher Education Coordinating Board, |
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shall develop and make available through the operational data |
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store: |
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(1) automated applications to streamline and improve |
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the quality of data submissions from educational institutions to |
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state and federal agencies; |
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(2) business intelligence tools designed to provide |
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information that can be used directly and efficiently by educators |
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to improve the instruction and operations of educational |
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institutions, including information that allows educators to |
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assess the effectiveness of instructional programs, practices, and |
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polices; and |
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(3) reporting tools that support end user analysis and |
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reporting. |
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(i) Following a review of reporting requirements under |
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Section 2.005 and certification by the commissioner of education |
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and the commissioner of higher education that the operational data |
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store is capable of operating effectively, the commissioner of |
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education and the commissioner of higher education may require |
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educational institutions, including school districts, |
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open-enrollment charter schools, other public schools, |
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institutions of higher education, and university systems, to |
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participate in the operational data store. |
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Sec. 2.004. AGGREGATED DATA WAREHOUSE. (a) The Texas |
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Education Agency and the Texas Higher Education Coordinating Board |
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shall obtain from the operational data store established under |
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Section 2.003 student, human resource, and financial data required |
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by law to be used for mandatory compliance or reporting purposes and |
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maintain the data in an aggregated data warehouse. The aggregated |
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data warehouse must: |
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(1) be available on an Internet website in a |
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summarized format easily understood by the public for reporting |
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financial and academic performance information; and |
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(2) contain state, district, and campus-level |
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information available for download in a format that facilitates |
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analysis of local data. |
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(b) The Texas Education Agency and the Texas Higher |
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Education Coordinating Board shall establish rules and procedures |
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for the collection of data under Subsection (a) through efficient |
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and automated processes. |
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(c) The Texas Education Agency and the Texas Higher |
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Education Coordinating Board shall make the data maintained in the |
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aggregated data warehouse available to education research centers |
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established under Section 1.005. |
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Sec. 2.005. LIMITS ON REPORTING REQUIREMENTS. (a) To the |
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extent practicable, the commissioner of education and the |
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commissioner of higher education, with the assistance of regional |
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education data collaboratives established under Section 2.002, |
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education research centers established under Section 1.005, and |
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other appropriate stakeholders, shall conform mandatory reporting |
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requirements applicable to educational institutions to data |
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available through the operational data store established under |
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Section 2.003 that is useful for improving the local instruction |
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and operations of a school district, open-enrollment charter |
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school, other public school, institution of higher education, or |
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university system. |
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(b) The commissioner of education and the commissioner of |
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higher education may not require an educational institution |
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participating in the operational data store under Section 2.003 to |
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submit additional data that is not specifically required by state |
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or federal law. |
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Sec. 2.006. GIFTS; GRANTS. The commissioner of education, |
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the commissioner of higher education, and a regional education data |
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collaborative established under Section 2.002 may each solicit and |
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receive gifts, grants, and federal funds to implement this chapter. |
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Sec. 2.007. RULES. The commissioner of education and the |
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commissioner of higher education may adopt rules as necessary to |
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implement this chapter. |
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Sec. 2.008. CONFIDENTIAL INFORMATION. This chapter does |
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not authorize the disclosure of information protected under the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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Sec. 2.009. REFERENCE TO PUBLIC EDUCATION INFORMATION |
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MANAGEMENT SYSTEM (PEIMS). (a) On or after September 1, 2015, a |
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reference to the Public Education Information Management System |
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(PEIMS) in law means the statewide data management system |
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established under this chapter. The commissioner of education by |
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rule may establish an earlier date for purposes of this section. |
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(b) This section does not apply to Section 21.357(a). |
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SECTION 2. Section 42.006, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section expires September 1, 2015. Before that |
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date, the commissioner by rule may waive compliance with this |
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section if the commissioner determines that compliance is |
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unnecessary due to implementation of Chapter 2. |
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SECTION 3. Section 7.008, Education Code, is repealed. |
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SECTION 4. (a) Except as provided by Subsections (b) and |
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(c) of this section, the commissioner of education, the Texas |
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Education Agency, the commissioner of higher education, and the |
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Texas Higher Education Coordinating Board shall implement Chapter |
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2, Education Code, as added by this Act, not later than September 1, |
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2012. |
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(b) Not later than September 1, 2011, the Texas Education |
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Agency shall establish the student information management system as |
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required by Section 2.001, Education Code, as added by this Act. |
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(c) Not later than September 1, 2013, the Texas Education |
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Agency and the Texas Higher Education Coordinating Board shall |
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establish the aggregated data warehouse required by Section 2.004, |
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Education Code, as added by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |