|
(b) The commissioner of
education, [and] the coordinating board, and the Texas
Workforce Commission shall execute agreements for the sharing of data for
the purpose of facilitating the studies described by this section at
education research centers. In accordance with the agreement, each
cooperating agency shall make available all appropriate data, including to
the extent possible data going back longitudinally for at least 20 years. A
cooperating agency shall update the data as
it becomes available on a timely basis, but at least annually if the
agency has collected additional data during the interim.
(c) In accordance with the
agreements, the coordinating board shall maintain the data contributed by
the cooperating agencies in a repository to be known as the
"P-20/Workforce Data Repository."
The repository shall be
located at and operated by the coordinating board. As provided by the
agreements, the coordinating board shall also include other data in the
repository, such as data from college admission tests and the National
Student Clearinghouse. The coordinating board shall conduct a data matching
process by using a protocol approved by the cooperating agencies in which a common replacement identifier is
generated for a matched individual in each agency's data set and certain
direct identifiers are removed.
(d) The coordinating board
shall [may] establish at least
one, but not more than three centers through which the studies using the data [for education research for conducting research]
described by this section are conducted [Subsections (c) and (f)].
[(c)] Each [A]
center must [may] be established as part of [: (1) the
Texas Education Agency;
(2) the coordinating
board; or
(3)] a public junior
college, public senior college or university, or public state college, or a
consortium of such institutions as those terms are defined by Section
61.003.
The coordinating board
shall solicit requests for qualifications
from eligible colleges and universities,
and shall select applicants based on
criteria adopted by the coordinating board, to
include:
(A) potential of the proposed research to benefit education in this
state;
(B) the use of social science research methods accepted as valid and
reliable; and
(C) the data required to complete the proposed study are not readily
available from other data sources.
The coordinating board and
each selected center shall execute an agreement with a term of 10 years for
the operations of the center, so long as that center meets contractual and
legal requirements for operation.
|
SECTION 3. Section 1.005,
Education Code, is amended by amending Subsections (b), (c), (d), (e), (f),
(g), (h), (j), and (k) and adding Subsections (g-1), (j-1), and (j-2) to
read as follows:
(j) The cooperating
agencies shall execute agreements for the sharing of data for the purpose
of facilitating the studies or evaluations
at education research centers described by this section. In accordance with
the agreements, each cooperating agency shall make available all
appropriate data, including to the extent possible data collected by the
cooperating agency for the preceding 20 years. A cooperating agency shall
periodically update the data as additional
data is collected, but not less than once each year.
(j-1) In accordance with
an agreement under Subsection (j), the
coordinating board shall maintain the data contributed by the cooperating
agencies in a repository to be known as the P-20/Workforce Data Repository.
The repository shall be operated by the coordinating board. As provided by
the agreement, the coordinating board shall include other data in the
repository, including data from college admission tests and the National
Student Clearinghouse. The coordinating board shall conduct data matching
using a protocol approved by the cooperating agencies.
(b) The [commissioner of education and the] coordinating
board shall [may] establish not more than three centers for education research to conduct studies or
evaluations using the data [for conducting research]
described by this section [Subsections
(e) and (f)].
(c) A center must [may]
be established as part of[:
[(1) the Texas Education
Agency;
[(2) the coordinating
board; or
[(3)] a public junior
college, public senior college or university, or public state college, as
those terms are defined by Section 61.003, or
a consortium of those institutions.
The coordinating board
shall solicit requests for proposals
from appropriate institutions to establish
centers under this section and shall select one or more institutions to establish each center based on
criteria adopted by the coordinating board.
[See below.]
|
|
(e) The commissioner of
higher education shall create, chair, and maintain an advisory board for
the purpose of reviewing study proposals and ensuring appropriate data use,
including compliance with applicable state and federal laws governing use
of and access to the data. The advisory board is not a governmental body
for purposes of Chapter 551 or 552, Government Code. The majority of the joint advisory board must
consist of educational researchers experienced in working with secure data.
The advisory board must
include:
(1) a representative of
the coordinating board named by the
commissioner of higher education;
(2) a representative of
the Texas Education Agency, designated by the commissioner of education;
(3) a representative of
the Texas Workforce Commission, designated by that commission;
(4) the director of each
education research center, or the director's designee; and
(5) a representative of
preschool, elementary, or secondary education.
[(d)
A center may be operated under
a memorandum of understanding between
the commissioner of education, the
coordinating board, and the governing board of an educational institution described by Subsection (c)(3).
[See above.]
The memorandum of
understanding must require the commissioner of education, or a person
designated by the commissioner, and the coordinating board, or a person
designated by the coordinating board, to provide direct, joint supervision
of the center under this section].
(f) Each study conducted
at a center must be approved in advance by majority vote of the advisory
board.
A center may submit to the
advisory board a proposal developed by any qualified researcher, including
a researcher from another university,
a graduate student, a P-16 Council representative, or other researcher
proposing research to benefit education in this state.
(g) The advisory board
shall meet at least quarterly. Any meeting may be conducted by electronic
means, including a meeting by telephone conference call, videoconference
call, or over the Internet, or by any combination of those means.
The advisory board may
create committees and subcommittees that the board determines are
convenient or necessary.
(h) [(c)] A
center shall conduct education and workforce studies [research]
for the benefit of [education in] this state, including studies
or evaluations [research] relating to the impact of local, regional, state, and federal [education]
policy and programs, the performance
of educator preparation programs, public school finance, and the best
practices of school districts with regard to classroom instruction,
bilingual education programs, special language programs, and business
practices.
(i) A center shall comply with rules adopted by the advisory board
that address applicable state and federal laws to protect the
confidentiality of information used or stored at the center, including
rules establishing procedures to ensure that confidential information is
not duplicated or removed from a center in an unauthorized manner.
(j) [(f)] Any
of the cooperating agencies [The commissioner of education and the
coordinating board:
(1) under the memorandum
of understanding described by Subsection (d),] may request[require]
a center to conduct certain studies [research projects]
considered of particular importance to the state, as determined by the cooperating agency, if the agency
provides to the center [commissioner and the coordinating board;
(2) not later than the
45th day before the date a research project required to be conducted under
this subsection is scheduled to begin, shall notify the governor, the
Legislative Budget Board, and the governing body of the educational
institution in which the center is established that the research project is
required; and
(3) shall provide
sufficient funds to finance the project.
(k) [(g)] In
conducting studies [research] under this section, a center:
(1)
may use data, including data that is confidential under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), the
center has collected from the Texas Education Agency, the coordinating
board, any public or private institution of higher education, and any
school district, any other agency, and any entityany
provider of services to public or private institutions of higher education
or to school districts, and any entity explicitly named in an approved
research project of a center; [and]
(2)
shall comply with federal and state law governing [rules adopted by the commissioner of education
and the coordinating board to protect] the confidentiality of student
information and shall provide for the review of all study results
for compliance with those laws and with any authoritative guidelines issued
under those laws; [, including rules
establishing procedures to ensure that confidential student information is
not duplicated or removed from a center in an unauthorized manner]
(3) provide researchers
access to the shared data only through secure methods and require each lead
researcher to execute an agreement regarding compliance with the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) and
regulations adopted under that act; and
(4) conduct regular
security audits and report the audit results to the coordinating board and
the advisory board.
(l)[(h)] The cooperating
agencies and the college or university operating the center, individually
or collectively, [commissioner of education and the coordinating
board] may [:]
[(1)] accept gifts and
grants to be used for the purposes of this section. The college or
university operating the center may[in operating one or more center;
and
(2) by rule impose
reasonable charges [fees], as appropriate, for the use of a
center's research, resources, or facilities.
(m) The coordinating board
may enter into data agreements for data required for approved studies with
the state education agency of another state, giving priority to the agencies
of those states that send the highest number of students to this state or
that receive the highest number of students from this state.
An agreement with such an agency must be reviewed by the
United States Department of Education and must require the agency to comply
with all data security measures required of a center.
The coordinating board may
also enter data agreements with local agencies or organizations that
provide educational services to students in Texas or that collect data that
is relevant to current or former students of Texas
public schools and is useful to the conduct of research that may benefit
education in this state.
(n) [(i)] This
section does not authorize the disclosure of student information that may
not be disclosed under the Family Educational Rights and Privacy Act of
1974 (20 U.S.C. Section 1232g).
[(j) The commissioner of
education and the coordinating board shall adopt rules as necessary to
implement this section.
(o) [(k)] In
implementing this section, the cooperating agencies [commissioner
of education] may use funds appropriated to the agency and available
for the purpose of establishing the centers. After a center is established,
the center must be funded by gifts and grants accepted under this
section or by chargesSubsection (h)(1) and fees imposed under this section [Subsection (h)(2)].
Charges imposed [Fees
adopted] under this section
[Subsection (h)(2)] must be set in an
amount sufficient to provide for the continued operation of the center.
|
SECTION 4. Chapter 1, Education
Code, is amended by adding Section 1.006 to read as follows:
Sec. 1.006. EDUCATION
RESEARCH CENTER ADVISORY BOARD. (a) The commissioner of higher education
shall create, chair, and maintain an advisory board for the purpose of
reviewing study or evaluation
proposals and ensuring appropriate data use under
Section 1.005, including compliance with applicable state and
federal laws governing use of and access to the data.
(b) The advisory board is
not a governmental body for purposes of Chapter 551 or 552, Government
Code.
(c) The membership of the
advisory board must include:
(1) a representative of
the Texas Higher Education Coordinating Board, designated by the commissioner of higher education;
(2) a representative of
the Texas Education Agency, designated by the commissioner of education;
(3) a representative of
the Texas Workforce Commission, designated by the commission;
(4) the director of each
education research center or the director's designee; and
(5) a representative of
preschool, elementary, or secondary education.
SECTION 3. (Cont.)
(d)
A center must [may] be
operated under an agreement [a memorandum of understanding] between [the
commissioner of education,] the coordinating board[,] and the
governing board of each [an educational] institution described by Subsection (c)
operating or participating in the operation of the center [(c)(3)].
The agreement [memorandum
of understanding] must provide for the operation of the center, so
long as the center meets contractual and legal requirements for operation,
for a 10-year period [require the commissioner of education, or a
person designated by the commissioner, and the coordinating board, or a
person designated by the coordinating board, to provide direct, joint
supervision of the center under this section].
SECTION 4. (Cont.)
(d) Each study or
evaluation conducted at a center under
Section 1.005 must be approved in advance by majority vote of the
advisory board.
A center may submit to the
advisory board a proposal developed by any qualified researcher, including
a researcher from another educational
institution, a graduate student, a P-16 Council representative, or
another researcher proposing research to benefit education in this state. In determining whether to approve a proposed study
or evaluation, the advisory board must:
(1) consider the potential of the proposed research to benefit
education in this state;
(2) require each center director or designee to review and approve
the proposed research design and methods to be used in the proposed study
or evaluation; and
(3) consider the extent to which the data required to complete the
proposed study or evaluation is not readily available from other data
sources.
(e) The advisory board
shall meet at least quarterly. Any meeting of
the advisory board may be conducted by electronic means, including a
meeting by telephone conference call, by video conference call, through the
Internet, or by any combination of those means.
(f) The advisory board may
create committees and subcommittees that the advisory board determines are
convenient or necessary.
SECTION 3. (Cont.)
(e) A center shall conduct education
and workforce preparation studies or evaluations [research] for the
benefit of [education in] this state, including studies or
evaluations [research] relating to:
(1) the impact of local, regional, state, and
federal policies and [education]
programs, including an education program,
intervention, or service at any level of education from preschool through
postsecondary education;
(2) the performance of
educator preparation programs;
(3)[,] public
school finance;[,] and
(4) the best practices
of school districts with regard to classroom instruction, bilingual
education programs, special language programs, and business practices.
(f) Any cooperating agency
[The commissioner of education and the coordinating board:
[(1) under the memorandum
of understanding described by Subsection (d),] may request [require]
a center to conduct certain studies or
evaluations [research projects] considered of particular
importance to the state, as determined by the cooperating agency, if the cooperating
agency provides to the center [commissioner and the coordinating
board;
[(2) not later than the
45th day before the date a research project required to be conducted under
this subsection is scheduled to begin, shall notify the governor, the
Legislative Budget Board, and the governing body of the educational
institution in which the center is established that the research project is
required; and
[(3) shall provide]
sufficient funds to finance the study or
evaluation [project].
(g)
A [In conducting research under this section, a] center[:
[(1)
may use data on student performance, including data that is confidential
under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), the center has collected from the Texas Education Agency,
the coordinating board, any public or private institution of higher
education, and any school district; and
[(2)]
shall comply with rules adopted by the advisory [commissioner of
education and the coordinating] board established under Section
1.006 to protect the confidentiality of [student] information used
or stored at the center in accordance with applicable state and federal law,
including rules establishing procedures to ensure that confidential [student]
information is not duplicated or removed from a center in an unauthorized
manner.
(g-1) In conducting studies or evaluations under this section, a
center:
(1) may use student and educator data, including data that is confidential
if permitted under the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g), that the center has collected from a cooperating
agency or any other agency, a public or private institution of higher
education, a school district, a provider of services to a school
district or public or private institution of higher education, or an entity
explicitly named in an approved research project of the center;
(2) shall comply with state and federal law governing the confidentiality of student information
and shall provide for the review of all study and evaluation results to
ensure compliance with those laws and any rules adopted or regulatory
guidance issued under those laws;
(3) may provide researchers access to shared
data only through secure methods and require each researcher to execute an
agreement regarding compliance with the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g) and rules adopted under that
Act; and
(4) shall conduct regular security audits and
report the audit results to the coordinating board and the advisory board established under Section 1.006.
(h) The cooperating
agencies and the educational institution or institutions operating a center
[commissioner of education and the coordinating board] may[:
[(1)] accept gifts and
grants to be used for the purposes of this section. The educational
institution or institutions [in] operating a center may [one
or more centers; and
[(2) by rule] impose
reasonable charges [fees], as appropriate, for the use of a
center's research, resources, or facilities.
(j-2) The coordinating
board may enter into data agreements for data required for approved studies
or evaluations with the state
education agency of another state, giving priority to the agencies of those
states that send the highest number of postsecondary
education students to this state or that receive the highest number
of postsecondary education students
from this state. An agreement under this
subsection must be reviewed by the United States Department of
Education and must require the agency of another state to comply with all
data security measures required of a center. The coordinating board may
also enter into data agreements with local agencies or organizations that
provide education services to students in this state or that collect data
that is relevant to current or former students of public schools in this
state and is useful to the conduct of research that may benefit education
in this state.
The [commissioner of
education and the coordinating board shall adopt rules as necessary to
implement this section].
(k) In implementing this
section, a cooperating agency [the commissioner of education]
may use funds appropriated to the cooperating agency and available
for the purpose of establishing the centers. After a center is established,
the center must be funded by gifts and grants accepted under this
section or charges [Subsection (h)(1) and fees] imposed under Subsection (h) [Subsection (h)(2).
Fees adopted under Subsection (h)(2) must be
set in an amount sufficient to provide for the continued operation of the
center].
|