Senate Bill No. 420

(By Senators Plymale, Kessler (Mr. President), Beach, Cann, Carmichael, Chafin, Cookman, Facemire, Edgell, Kirkendoll, Laird, McCabe, Miller, Palumbo, Prezioso, Snyder, Stollings, Tucker, Williams, Wells and Barnes

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[Introduced January 23, 2014; referred to the Committee on Education; and then to the Committee on Finance.]

A BILL to amend and reenact §18B-1D-10 of the Code of West Virginia, 1931, as amended, relating to adding WorkForce West Virginia and the West Virginia Supreme Court of Appeals to the existing entities that are to enter into a state data-sharing compact; adding workforce data to the data that is to be included in the P-20W Longitudinal Data System; revising legislative findings; adding definitions; creating a governing board of the P-20W Longitudinal Data System; setting forth membership of the board; setting forth authority and duties of the board; adding requirements for the State Board of Education, the Higher Education Policy Commission, the Council for Community and Technical College Education and WorkForce West Virginia; requiring the data warehouse to be housed within the West Virginia Network for Educational Telecomputing; and adding components to the state data-sharing compact.

Be it enacted by the Legislature of West Virginia:

That §18B-1D-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.

§18B-1D-10. State data sharing compact; legislative intent; findings; definitions.

(a) The intent of the Legislature in enacting this section is to direct the commission, council, and State Board of Education, Workforce West Virginia, and the West Virginia Supreme Court of Appeals to enter into a state compact, consistent with the provisions of section six of this article, on or before July 1, 2009 July 1, 2014, to develop and maintain a P-20W Longitudinal education Data System and to share educational education and workforce information.

(b) The Legislature makes the following findings:

(1) Sound data collection, reporting and analysis are critical to building an education system capable of ensuring that all West Virginia students are adequately prepared for college and the global workforce. Elementary schools, middle schools, secondary schools and higher education institutions can improve instructional and educational decision-making using data that are collected and made available to them.

(2) State education policymaking benefits from partnerships between state education agencies, Workforce West Virginia, the West Virginia Supreme Court of Appeals and entities with expertise in education and workforce research. It is beneficial for West Virginia to establish systems and processes that permit qualified researchers to assist with state evaluation and research functions in a manner that is consistent with privacy protection laws.

(3) West Virginia is committed to establishing and maintaining a longitudinal student and workforce unit record data system that educators and policymakers can use to analyze and assess student progress beginning with early learning programs and continuing through post-secondary education and into employment. The commission, council, and State Board of Education and Workforce West Virginia have designed, built and deployed some of the fundamental components of a longitudinal data system and have engaged in extensive efforts to link and use available education data effectively. Now, it is necessary to integrate and manage the various education and workforce data components in a cooperative manner to establish a data-driven, decision-making environment for this state's education system and workforce systems.

(4) Students will achieve improved learning and workforce outcomes because of the P-20W Longitudinal Data System established through the state compact mandated by this section.

(5) Examples of research that can be conducted using education and workforce data include:

(A) The impact of state and federal education programs;

(B) The performance of educator preparation programs;

(D) Gauging success in preparing students for 21^st century workforce.

(6) State use and management of education and workforce data shall be in accordance with all legal requirements protecting student privacy and shall protect personal information from intentional or accidental release to unauthorized persons and from intentional or accidental use for unauthorized purposes.

(1) "P-20W Longitudinal Data System" means a student and workforce unit record data system that links student and workforce records beginning with early learning programs and continuing through post-secondary education, entry into the workforce and beyond. The system may consist of separate student unit record systems integrated through agreement and data transfer mechanisms.

(2) “Governing board” means the governing board of the P20-W Longitudinal Data System.

(2) (3) "Privacy protection laws" means the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and any other state or federal laws relating to the confidentiality and protection of personally identifiable information.

(3) (4) "Research organization" means a governmental entity, institution of higher education, public policy organization or other person or entity conducting educational research that meets the following conditions:

(i) Qualified to perform educational research and protect the privacy of student data;

(ii) Seeks to perform research for a noncommercial purpose authorized by privacy protection laws; and

(iii) Agrees to perform the research pursuant to a written agreement meeting the requirements of privacy protection laws and best research practices.

(5) “Student data” means data relating to student performance, and includes state and national assessments; course-taking and completion; grade point average; remediation; retention; degree, diploma or credential attainment; enrollment; attendance; demographic data; and any other data necessary for furthering the state’s education and workforce systems and agreed to in the state compact required by this section.

(6) “Workforce data” means data relating to employment status; wage information; geographic location of employment; and employer information.

(d) There is a governing board of the P-20W Longitudinal Data System which shall include the following members:

(1) A designee agreed to by the Chancellor for Higher Education and the Chancellor for Community and Technical College Education;

(2) The State Superintendent of Schools or designee;

(3) A representative of the Office of Data Management and Analysis within the Department of Education to be appointed by the State Superintendent of Schools;

(4) The Executive Director of Workforce West Virginia or designee;

(5) The Chief Justice of the West Virginia Supreme Court of Appeals or designee; and

(6) The Director of the West Virginia Network for Educational Computing or designee.

(e) The governing board shall elect a chair from among its members.

(f) The governing board may:

(1) Propose rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of this section;

(2) Create a working group responsible for the strategic direction of the P-20W Longitudinal Data System; and

(3) Create a user forum responsible for carrying out the day-to-day tasks identified by the working group.

(g) The governing board shall:

(1) Develop an implementation plan to phase in the establishment and operation of the P-20W Longitudinal Data System in accordance with the requirements of this section and the compact entered into pursuant to this section by September 1, 2014;

(2) Provide general oversight and direction over the P-20W Longitudinal Data System in accordance with this section and the compact entered into pursuant to this section;

(3) Approve the annual budget for the P-20W Longitudinal Data System;

(4) Create an inventory of the individual student and workforce data to be maintained in the system and the data required to be reported by state and federal education mandates;

(5) Propose rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to comply with privacy protection laws and the governing board’s detailed data security and safeguarding plan;

(6) Develop a detailed data security and safeguarding plan that includes:

(i) Authorized access and authentication for authorized access;

(ii) Privacy compliance standards;

(iii) Privacy and security audits;

(iv) Breach notification and procedures;

(v) Data retention and disposition policies;

(7) Oversee routine and ongoing compliance with privacy protection laws and the governing board’s detailed data security and safeguarding plan;

(8) Ensure that all data reside within the State of West Virginia including any data stored as backup;

(9) Ensure that any contracts entered into on or after the effective date of the amendments to this section during the 2014 regular session of the Legislature that govern databases and that are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance;

(10) Designate a standard and compliance timeline for electronic transcripts that includes the use of the State Board of Education’s unique identifier for all students who have attended public schools in West Virginia to ensure the uniform and efficient transfer of student data between local education agencies and institutions of higher education;

(11) Review research requirements and set policies for the approval of data requests from state and local agencies, the West Virginia Legislature and the public;

(12) Report the following to the Governor and the Legislative Oversight Commission on Education Accountability by November 15 of each year:

(A) An update on the implementation of the P-20W Longitudinal Data System;

(B) A list of all data sharing arrangements entered into with research organizations pursuant to this section, and a summary of each data sharing arrangement;

(D) Any proposed or planned expansion of data maintained in the database; and

(E) Any other recommendations made by the governing board;

(h) The State Board of Education, the Higher Education Policy Commission, the Council for Community and Technical College Education and Workforce West Virginia shall:

(1) Make every effort to comply with the data requirements and implementation schedule for the P-20W Longitudinal Data System; and

(2) Transfer student data and workforce data to the P-20W Longitudinal Data System in accordance with the data security and safeguarding plan developed pursuant to this section.

(d) (i) The state data-sharing compact entered into by the commission, council, and State Board of Education, Workforce West Virginia and West Virginia Supreme Court of Appeals shall contain the following:

(1) A plan to establish and maintain a P-20W Longitudinal Data System that links early learning, elementary, middle and secondary school student unit records with higher education institution student unit records and Workforce West Virginia records;

(2) A plan to establish a data warehouse that:

(A) Integrates data from multiple student unit record systems and Workforce West Virginia records; and

(B) Supports all of the uses and functions of the P-20W Longitudinal Data System; and

(3) A list of areas for collaborative research and a preliminary plan for conducting that research;

(4) A system for entering into data sharing arrangements with each other and with research organizations consistent with subsection (f) (k) of this section; and

(5) A provision that allows another party to the compact to review any draft report or study generated using that party’s data at least ten days before the report or study is released publicly. During that ten day period, each party shall be given the opportunity to submit comments regarding the accuracy, conclusions and recommendations of the report or study;

(6) A P-20W data dictionary in which all data within the P-20W Longitudinal Data System will be defined. The P-20W data dictionary shall minimally include the data element’s definition, agency ownership, contact information for information about the data and the reason for collection of the data; and

(7) A determination of which data are available to each party of the compact based on ensuring that data are only shared when necessary to further the state’s education and workforce systems.

(e) (j) To facilitate implementation of the requirements of this section:

(1) The commission, council, and State Board of Education and Workforce West Virginia are authorized to disclose data to the P-20W Longitudinal Data System and to each other consistent with the purposes of this section;

(2) With the assistance of the state Board of Education, the commission, council, state institutions of higher education and Workforce West Virginia shall collect the State Board of Education’s unique identifier for all students who have attended public schools in West Virginia to facilitate better matching of student unit record data.

(3) The commission, council, and State Board of Education and Workforce West Virginia shall collect, use, maintain, disclose and share data in accordance with personal privacy laws and shall develop security measures and procedures that protect personal information from intentional or accidental release to unauthorized persons and from intentional or accidental use for unauthorized purposes.

(f) (k) A data sharing arrangement entered into with a research organization pursuant to this section shall meet the following criteria:

(1) Permitted by and undertaken in accordance with privacy protection laws;

(2) Receives prior approval from the state Superintendent of Schools or designee, the Chancellor for Higher Education or designee, and the Chancellor for Community and Technical College Education or designee and the Executive Director of Workforce West Virginia or designee, as appropriate, if data from that entity are being utilized used in the research;

(3) Prohibits the personal identification of any person by individuals other than authorized representatives of the research organization who have legitimate interests in the information;

(4) Ensures the destruction or return of the data when no longer needed for the authorized purposes under the data sharing arrangement;

(5) Performed pursuant to a written agreement with the research organization that does the following:

(A) Specifies the purpose, scope and duration of the data sharing arrangement;

(B) Requires the recipient of the data to use personally identifiable information from education records only to meet the purpose or purposes of the data sharing arrangement stated in the written agreement;

(D) Contains such other terms and provisions as the commission, council, and State Board of Education and Workforce West Virginia, as appropriate, consider necessary or appropriate.

(g) (l) As a condition of participating in state-level financial aid programs provided for in chapter eighteen-c of this code, the commission may require nonpublic institutions of higher education to provide data for the P-20W Longitudinal Data System and data warehouse.

NOTE: The purpose of this bill is to add Workforce West Virginia and the West Virginia Supreme Court of Appeals to the existing entities that are to enter into a state data sharing compact; add workforce data to the data that is to be included in the P-20W Longitudinal Data System; and create a governing board of the P-20W Longitudinal Data System.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.