[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 112 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 112
To enable States to implement integrated statewide education
longitudinal data systems.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. Holt introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To enable States to implement integrated statewide education
longitudinal data systems.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Measuring and Evaluating Trends for
Reliability, Integrity, and Continued Success (METRICS) Act of 2013''
or the ``METRICS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', ``secondary school'',
``Secretary'', and ``State educational agency'' have the
meanings given the terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Aligned statewide education longitudinal data
systems.--The term ``aligned statewide education longitudinal
data systems'' means one or more statewide data systems that
house and link the longitudinal data of individual students,
including such students' early childhood, elementary school,
secondary school, postsecondary education, and workforce data.
(3) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a high-need local educational agency;
(B) a consortium of high-need local educational
agencies; or
(C) a high-need local educational agency or a
consortium of high-need local educational agencies and
an external partner.
(4) Eligible state entity.--The term ``eligible State
entity'' means a State educational agency, which may partner
with another public State agency, such as a State higher
education agency, an early childhood agency, a State workforce
agency, or a multi-agency State group (such as a preschool
through grade 20 (P-20) council).
(5) External partner.--The term ``external partner'' means
an entity, such as a nonprofit organization, community-based
organization, local education fund, service organization,
educational service agency, or institution of postsecondary
education, that has demonstrated expertise and effectiveness in
providing targeted support (such as data analysis, professional
development, or the provision of non-academic support and
integrated student services) to local educational agencies,
schools, or students that leads to improved teaching, learning,
and outcomes for students, including students who are failing
to make sufficient progress to graduate in the standard number
of years or students who have dropped out of secondary school.
(6) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency--
(A) that serves not less than 10,000 children who
are from families with incomes below the poverty line;
or
(B) for which not less than 20 percent of the
children served by such agency are from families with
incomes below the poverty line.
(7) Poverty line.--The term ``poverty line'' means the
poverty line (as defined and revised annually in accordance
with section 673(2) of the Community Services Block Grant Act)
applicable to a family of the size involved.
SEC. 3. IMPROVING THE USE OF STATEWIDE LONGITUDINAL DATA SYSTEMS.
(a) Grants Authorized.--From the funds appropriated under section 8
for a fiscal year, the Secretary shall award grants, on a competitive
basis, to eligible State entities to enable such eligible State
entities to improve access to, sharing of, and use of education data to
improve student outcomes.
(b) Duration.--Each grant awarded under this section shall be for a
period of not more than 5 years.
(c) Applications.--
(1) Contents of application.--Each eligible State entity
that desires to receive a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require. Such application shall include the following:
(A) A list of State agencies whose cooperation will
be necessary for the implementation of the grant
program, and an assurance of support from--
(i) each such agency;
(ii) the chief State school officer;
(iii) the Governor of the State; and
(iv) any other entity that will comprise
the eligible State entity.
(B) A description of the State's status relating to
each priority activity described in subsection (e)(2),
including--
(i) a demonstration that the State has
implemented the priority activity;
(ii) a demonstration that the State has, at
the time of the application, received funding
from another source and made plans for the
implementation of the priority activity; or
(iii) a statement that the State has not,
at the time of the application, implemented, or
received funds to implement, the priority
activity.
(C) For each priority activity whose status is
categorized under subparagraph (B)(iii), a description
of how the eligible State entity plans to use grant
funds under this section to carry out such activity.
(D) A description of how the eligible State entity
plans to use grant funds to carry out the permissible
activities described in subsection (e)(3), if the
eligible State entity--
(i) categorizes the status of many of the
priority activities described in subsection
(e)(2) under clause (i) or (ii) of subparagraph
(B); and
(ii) anticipates the possibility of having
remaining grant funds after ensuring
implementation of each priority activity
described under subsection (e)(2).
(E) A description of how activities funded under
the grant program will--
(i) support the State's policy and reform
goals;
(ii) support alignment between State and
local data systems; and
(iii) support coordination with, or
alignment or advancement of, related activities
that are funded through other Federal programs,
including such programs under section 208 of
the Educational Technical Assistance Act of
2002 (20 U.S.C. 9607), the American Recovery
and Reinvestment Act of 2009 (Public Law 111-
5), the Race to the Top fund under section
14006 of such Act, including the Race to the
Top Early Learning Challenge fund under
sections 14005, 14006, and 14013 of such Act
(as amended by, and subject to the requirements
of, section 1832 of the Full-Year Continuing
Appropriations Act, 2011 (Public Law 112-10)),
and the Workforce Data Quality Initiative under
section 171(c)(2) of the Workforce Investment
Act of 1998 (29 U.S.C. 2916(c)(2)).
(F) A budget that details how grant funds and other
funding resources, including State and Federal funding,
will be used to carry out the proposed activities.
(G) An assurance of the State's long-term financial
commitment to--
(i) implementing and supporting aligned
statewide education longitudinal data systems;
and
(ii) maintaining such systems after the end
of the grant program.
(H) A description of the indicators that the
eligible State entity will use to determine--
(i) if grant funds are being used
effectively; and
(ii) the impact of grant funds on improving
teaching, learning, and student outcomes.
(I) Any other information that the Secretary may
reasonably require.
(2) Form of application.--In establishing the application
described under this subsection, the Secretary shall, where
practicable, require each eligible State entity to provide a
demonstration of the capabilities of any system that the
eligible State entity is, at the time of the application, using
to track data, in lieu of a description of such capabilities.
(d) Awarding of Grants.--
(1) In general.--In awarding grants under this section, the
Secretary shall--
(A) use a peer review process, as described in
paragraph (2);
(B) select applications that demonstrate technical
quality, validity, and reliability;
(C) promote multi-state collaboration; and
(D) ensure that applications protect student and
educator privacy, including through compliance with the
requirements of Federal, State, and local privacy laws
(including section 444 of the General Education
Provisions Act (commonly known as the ``Family
Educational Rights and Privacy Act of 1974'') (20
U.S.C. 1232g)).
(2) Peer review process.--The Secretary shall award grants
under this section through a peer review process that, to the
extent practicable, includes--
(A) educators;
(B) users and consumers of statewide longitudinal
data systems, including representatives of State
educational agencies;
(C) individuals with demonstrated technical
expertise in data system construction, integration, or
implementation; and
(D) representatives of business and the workforce.
(3) Competitive priorities.--In awarding grants under this
section, the Secretary may give priority to eligible State
entities that--
(A) propose to coordinate efforts with other State
educational agencies;
(B) propose to coordinate efforts with local
educational agencies; and
(C) fulfill other criteria relating to the purposes
of this section, as determined by the Secretary.
(e) Uses of Funds.--
(1) In general.--
(A) Requirement relating to priority activities.--
Each eligible State entity shall use grant funds to
carry out the priority activities described in
paragraph (2), before such entity may use any remaining
funds to carry out the permissible activities described
in paragraph (3).
(B) Exception.--An eligible State entity is deemed
to satisfy the requirements of paragraph (1) if such
entity demonstrates that the State has funding for, and
has in place, or has developed and is implementing a
plan that will result in the existence of, aligned
statewide education longitudinal data systems and
related activities that meet the requirements of
paragraph (2).
(2) Priority activities.--An eligible State entity
receiving a grant under this section shall use grant funds to
carry out the following activities:
(A) Implementing aligned statewide education
longitudinal data systems that include the following:
(i) With respect to preschool through grade
12 education and postsecondary education--
(I) a unique statewide student
identifier that does not permit a
student to be individually identified
by users of the system;
(II) student-level enrollment,
demographic, and program participation
information;
(III) student-level information
about the points at which students
exit, transfer in, transfer out, drop
out, or complete P-16 education
programs;
(IV) the capacity to communicate
with higher education data systems; and
(V) a State data audit system
assessing data quality, validity, and
reliability.
(ii) With respect to preschool through
grade 12 education--
(I) yearly test records of
individual students with respect to
State assessments under section
1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3));
(II) information on students not
tested by grade and subject;
(III) a teacher identifier system
with the ability to match teachers to
students;
(IV) student-level transcript
information, including information on
courses completed and grades earned;
and
(V) student-level college readiness
test scores.
(iii) With respect to postsecondary
education, data that provide--
(I) information regarding the
extent to which students transition
successfully from secondary school to
postsecondary education, including
whether students enroll in remedial
coursework; and
(II) other information determined
necessary to address alignment and
adequate preparation for success in
postsecondary education.
(B) Establishing inter- and intra-agency governance
strategies that define policies and procedures for the
collection, access, and use of education data.
(C) Establishing and implementing comprehensive
policies and procedures to protect the privacy,
security, and confidentiality of student and educator
data, including--
(i) justifying that data being collected,
stored, and shared are necessary, useful,
accurate, and valid;
(ii) limiting access to personally
identifiable information to necessary and
appropriate individuals;
(iii) protecting shared data from
inappropriate use;
(iv) implementing a data security framework
(including regular and comprehensive training
and professional development) for the use,
dissemination, storage, and maintenance of
data;
(v) providing parental and public notice
about data collection, information about data
policies, and information relating to the
accessibility and use of data;
(vi) ensuring compliance with the
requirements of Federal, State and local
privacy laws, including section 444 of the
General Education Provisions Act (commonly
known as the ``Family Educational Rights and
Privacy Act of 1974'') (20 U.S.C. 1232g); and
(vii) aligning data policies and procedures
with best practices for data stewardship,
including best practices identified by the
Secretary.
(D) Establishing the capacity to link education
data with workforce data.
(E) Enabling the matching of the teacher identifier
described in subparagraph (A)(ii)(III) with information
about certification or licensure and teacher
preparation programs, including the development of
linkages with pre-service programs that enable the
matching of teacher certification and preparation
programs to--
(i) the postsecondary institutions at which
teachers received their training;
(ii) job placement;
(iii) retention rates; and
(iv) teacher impact on student academic
achievement.
(F) Enabling standardization of education data
through the use of openly developed common education
data standards.
(G) Providing the State with the ability to meet
Federal reporting requirements, including reporting
requirements under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the
American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), and the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
(3) Permissible activities.--An eligible State entity
receiving a grant under this section may use remaining grant
funds, after ensuring the implementation of the priority
activities described in paragraph (2), to carry out activities
that--
(A) expand the ability of aligned statewide
education longitudinal data systems to align data that
covers the time a student enters preschool through the
time that such student graduates from secondary school
or an institution of postsecondary education, and
enters and spends time in the workforce;
(B) improve opportunities to access, analyze,
communicate about, and use data from aligned statewide
education longitudinal data systems; or
(C) build the capacity of teachers, school leaders,
parents, students, researchers, external partners, and
the public to use longitudinal data for effective
decisionmaking.
(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other State or
local funds used for developing integrated statewide education
longitudinal data systems linking early childhood, elementary school,
secondary school, postsecondary, or workforce data.
SEC. 4. IMPROVING LOCAL USE OF DATA TO IMPROVE STUDENT OUTCOMES.
(a) Grants Authorized.--From the funds appropriated under section 8
for a fiscal year, the Secretary shall award grants, on a competitive
basis, to eligible local entities to enable educators to improve access
to, sharing of, and use of education data to improve student outcomes.
(b) Duration.--Each grant awarded under this section shall be for a
period of not more than 5 years.
(c) Applications.--Each eligible local entity that desires to
receive a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require. Such application shall include
the following:
(1) A memorandum of understanding between the State
educational agency and the eligible local entity, which shall
include--
(A) a description of the State educational agency's
level of participation in the grant;
(B) an assurance that the State educational agency
agrees to--
(i) provide the eligible local entity
with--
(I) appropriate access to student
data from State data systems; and
(II) cooperation in efforts to
align local educational agency data
with data from State data systems; and
(ii) provide training to the eligible local
entity to address the use of data collection
software, privacy policies, Federal, State, and
local privacy laws (including section 444 of
the General Education Provisions Act (commonly
known as the ``Family Educational Rights and
Privacy Act of 1974'') (20 U.S.C. 1232g)), data
integrity issues, reporting, planning, and
processes;
(C) a description of the State educational agency's
strategy for the dissemination of information about the
successes and challenges of the grant activities under
this section; and
(D) a description of how the State will fund the
activities described in subparagraph (B), including
information about any grant funds that the eligible
local entity will give to the State educational agency
to carry out the activities described in such
subparagraph.
(2) A description of how the local educational agencies
that are part of the eligible local entity, and any educators
working for such agencies, submit data to, access, and use
existing statewide education longitudinal data systems, at the
time of the application.
(3) A description of the data systems used by the eligible
local entity at the time of the application.
(4) A description of how activities funded under the grant
will improve local access to, and use of, data that is, at the
time of the application, provided by data systems at the local
and State level.
(5) A description of how the eligible local entity will use
funds received under this section to carry out the proposed
activities in order to improve teaching, learning, and student
outcomes.
(6) A mechanism for soliciting the feedback of educators,
school leaders, parents, and external partners in developing,
revising, and implementing plans and activities under this
section.
(7) A description of how the eligible local entity will
align the use of funds under this section with the technology
plan of each local educational agency served under the grant.
(8) A description of the indicators that the eligible local
entity will use to determine--
(A) if grant funds are being used effectively; and
(B) the impact of grant funds on improving
teaching, learning, and student outcomes.
(9) Such other information as the Secretary may reasonably
require.
(d) Awarding of Grants.--
(1) In general.--In awarding grants under this section, the
Secretary shall--
(A) use a peer review process, as described in
paragraph (2);
(B) select applications that demonstrate technical
quality, validity, and reliability; and
(C) protect student and educator privacy,
consistent with the requirements of Federal, State, and
local privacy laws (including section 444 of the
General Education Provisions Act (commonly known as the
``Family Educational Rights and Privacy Act of 1974'')
(20 U.S.C. 1232g)).
(2) Peer review process.--In awarding grants under this
section, the Secretary shall, to the extent practicable, use a
peer review process that--
(A) ensures technical quality, validity, and
reliability;
(B) ensures that applications protect student and
educator privacy, consistent with the requirements of
Federal, State, and local privacy laws (including
section 444 of the General Education Provisions Act
(commonly known as the Family Educational Rights and
Privacy Act of 1974) (20 U.S.C. 1232g)); and
(C) includes--
(i) educators;
(ii) users and consumers of a local
educational data systems;
(iii) individuals with demonstrated
technical expertise in data system
construction, integration, or implementation;
and
(iv) representatives of business and the
workforce.
(3) Considerations.--In awarding grants under this section,
the Secretary shall ensure, to the greatest extent possible,
that grants are awarded to eligible local entities that are
diverse in terms of geography, size, and location within an
urban, rural, or suburban area.
(e) Uses of Funds.--
(1) Required uses of funds.--An eligible local entity
receiving a grant under this section shall use grant funds to
develop and implement a comprehensive plan for using data to
improve teaching, learning, and student outcomes. Such plan
shall include strategies designed to--
(A) provide teachers, school leaders, parents,
students, researchers, external partners, and the
public with access to student education data in a way
that ensures the quality and integrity of data
contained in data systems and respects student and
educator privacy, including through compliance with the
requirements of Federal, State, and local privacy laws
(including section 444 of the General Education
Provisions Act (20 U.S.C. 1232g));
(B) regularly analyze and share appropriate student
data with educators, counselors, school staff, parents,
students, and external partners in a way that ensures
the quality and integrity of data contained in data
systems and respects student and educator privacy,
including through compliance with the requirements of
Federal, State, and local privacy laws (including
section 444 of the General Education Provisions Act (20
U.S.C. 1232g));
(C) improve the ability of school leaders to--
(i) use student data to guide school
improvement efforts; and
(ii) support classroom use of data through
high-quality training and professional
development; and
(D) improve the ability of teachers to effectively
use student data through on-going, sustainable, and
high-quality professional development activities in
order to ensure that educators have the capacity to--
(i) analyze data and monitor academic
outcomes;
(ii) modify instructional activities as
needed; and
(iii) differentiate student instructions.
(2) Allowable uses of funds.--An eligible local entity
receiving a grant under this section may use grant funds to
carry out any of the following activities:
(A) Supplementing statewide longitudinal data
systems existing at the time of the application by
improving local data systems through--
(i) the collection of local data elements
that support decisionmaking about school
improvement;
(ii) enhancing the ability of educators to
manage, analyze, disaggregate, or report
student, teacher, and school data; or
(iii) standardization through use of openly
developed common education data standards.
(B) Using new assessment tools that provide timely
data to educators, which can be used to identify the
learning needs of individual students and guide
appropriate, personalized instructional interventions.
(C) Using external partners, central office staff,
or data specialists in order to build educator capacity
to effectively use data to improve teaching and
learning.
(D) Analyzing and disseminating best practices,
strategies, and approaches regarding pedagogical
advancement that will leverage the local educational
agency's or State educational agency's data system to
enhance teaching and learning, including opportunities
for individualized instruction.
(E) Analyzing data and realigning existing
resources to maximize impact on student achievement,
including the use of early warning data to target
resources.
(F) Coordinating activities with other local
agencies providing services to students.
(G) Coordinating activities with educator
preparation programs in order to build educators'
capacity to use data.
SEC. 5. NATIONAL ACTIVITIES TO SUPPORT EFFECTIVE DATA USE.
From the funds appropriated under section 8 for a fiscal year, the
Secretary may carry out the following national activities:
(1) Providing technical and policy assistance to grantees
and non-grantees in order to facilitate implementation, and
improve the quality of, student longitudinal data systems,
including technical assistance to ensure the protection of
personally identifiable information.
(2) Identifying or promoting activities that improve data
coordination, quality, and use at the national, State, and
local levels (including activities that improve the
coordination, quality, and use of education data for Indian
tribes, tribal organizations, and schools operated or funded by
the Bureau of Indian Education).
(3) Implementing innovative strategies to advance the use
of data.
(4) Conducting research on emerging trends and challenges
relating to the collection and use of education data.
(5) Awarding prizes (consistent with section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719)).
(6) Providing funding to support the innovative use of data
for pilot programs, in order to identify and promote models of
effective data use in emerging areas.
SEC. 6. REPORT.
Not later than 3 years after the Secretary awards a grant under
this Act, and annually thereafter, the Secretary shall make publicly
available a report on the implementation, actual costs, and
effectiveness of the activities carried out through grants under this
Act, including efforts to protect student and educator privacy.
SEC. 7. TRANSPARENCY.
(a) Reporting Requirements.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall make publicly
available a comprehensive and searchable description of all
reporting requirements of the Department that apply to State
educational agencies, local educational agencies, or schools.
Such description shall include, for each reporting requirement,
the following information:
(A) The definition of the required data element or
indicator.
(B) The purpose of the particular data collection.
(C) The legislative or regulatory source of the
reporting requirement.
(D) The level of data (such as the State
educational agency, local educational agency,
institution of postsecondary education, or school).
(E) The mechanism of data collection.
(F) Information about whether data relating to the
reporting requirement is publicly available.
(2) Updates.--The Secretary shall update the description
required under subsection (a) annually.
(b) Assurance.--The Secretary shall ensure that if a new reporting
requirement becomes effective, or if a reporting requirement is
changed, on or after the date of enactment of this Act, each State
shall have not less than 90 days to comply with such requirement.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$100,000,000 for fiscal year 2012 and such sums as may be necessary for
each succeeding fiscal year.
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