HOUSE BILL 39

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Rick Miera

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO EDUCATION; PROVIDING FOR AN EDUCATIONAL DATA WAREHOUSE THAT SERVES PRE-KINDERGARTEN THROUGH POST-GRADUATE EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] EDUCATION DATA WAREHOUSE.--

          A. As used in this section:

                (1) "other educational agencies" means other public agencies and institutions that provide educational services for resident school-age persons and students in state-funded private pre-kindergarten programs; and

                (2) "pre-kindergarten through post-graduate system" means an integrated, seamless pre-kindergarten through post-graduate system of education.

          B. The department, in consultation with the higher education department and each public post-secondary educational institution, shall create a single, unified pre-kindergarten through post-graduate accountability data system in the department to collect, integrate and report longitudinal student-level and educator data required to implement federally or state-required education performance accountability measures. The components of the data system shall include the use of a common student identifier and an educator identifier system with the ability to match educator data to student data and educator to school, post-secondary education programs and other educational agencies.

          C. The confidentiality of personally identifiable student data shall be safeguarded consistent with the requirements of the federal Family Educational Rights Privacy Act and applicable state laws. The confidentiality of personally identifiable educator data shall be safeguarded. Consistent with the provisions of federal and state law, the data may be disclosed for educational purposes and longitudinal comparisons, analyses or studies, including those authorized by law.

          D. Nothing in this section precludes the department, in consultation with school districts and charter schools, the higher education department and each public post-secondary educational institution, from collecting and distributing aggregate data about students or educators or data about an individual student or educator without personally identifiable information.

          E. The department, in consultation with school districts and charter schools, the higher education department and each public post-secondary educational institution, shall promulgate rules to carry out the provisions of this section, including security administration requirements and the provision of training for data entry personnel at all levels.

          F. By December 31 of each year, the department shall submit a data warehouse report to the legislature and to the governor. Prior to submission of the report and publication, the department shall distribute a draft of the report to school districts, charter schools, the higher education department and all public post-secondary educational institutions to allow comment on the draft report.

          G. The department, in consultation with school districts, charter schools, the higher education department and each public post-secondary educational institution or program, shall develop and adopt the content and a format for the report, including the ability of the data system to:                       (1) connect student records between the pre-kindergarten through post-graduate systems;

                (2) connect educator data to student data;

                (3) establish and maintain a state data audit system to assess the quality, validity and reliability of data;

                (4) report student-level enrollment data, demographic and program participation information;

                (5) match individual students' test records from year to year to measure academic growth, including student-level college readiness test scores;

                (6) report the number and percentage of untested public school students by school district and by school and by major ethnic groups, special education status, poverty status and gender;

                (7) provide post-secondary remediation data, including assessment scores on exams used to determine the need for remediation;

                (8) provide post-secondary remedial course enrollment history, including the number and type of credit and non-credit remedial courses being taken;

                (9) report retention data that indicates whether students are returning the second fall term after being enrolled as full-time college freshmen and making annual progress toward their degree;

                (10) report data collected for the teacher education accountability reporting system;

                (11) report student-level transcript information, including information on courses completed, grades earned and cumulative grade point average;

                (12) report high school longitudinal graduation and dropout data, including information that distinguishes between dropouts or students whose whereabouts are unknown and students who have transferred to other schools, including private schools or home schools, other school districts or other states;

                (13) provide post-secondary student completion status, including information that indicates if students are making annual progress toward their degree;

                (14) connect performance with financial information at all levels; and

                (15) provide any other student-level and educator data necessary to assess the performance of the pre-kindergarten through post-graduate system."

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