As used in this part 3, unless the context otherwise requires:
(1) Commissioner means the commissioner of education appointed pursuant to section 1 of article IX of the state constitution.
(2) Current data technology system means the data technology system or systems in use by the department as of May 23, 2007.
(3) Data dictionary means an essential component of data management adopted by the department pursuant to section 22-2-305 that defines all of the data elements the department collects from school districts and public schools and describes the methods by which the department collects the data through the single statewide data collection system.
(4) Department means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(5) EDAC means the education data advisory committee created pursuant to section 22-2-304.
(6) Public school means a public school as provided in section 22-1-101, including a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title.
(7) State board means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
Source: L. 2007: Entire part added, p. 1060, � 1, effective May 23. L. 2013: (6) amended, (HB 13-1219), ch. 104, p. 357, � 2, effective August 7.
22-2-304. Education data advisory committee - creation - duties - approval. (1) The state board shall designate at least five volunteer school districts and two volunteer boards of cooperative services and a volunteer charter school, that are representative of the state as to pupil size and population, to send representatives to form a voluntary committee, to be known as the education data advisory committee. The EDAC shall work with the department to review school district data reporting requirements and make recommendations as provided in this section.
(2) The EDAC shall:
(a) Review the statutory and regulatory data reporting requirements applicable to school districts and public schools and determine whether the benefits derived from the reports are outweighed by the increased administrative costs incurred by the school districts and public schools in preparing and submitting the reports;
(b) Identify those statutory and regulatory data reporting requirements that are duplicative or obsolete and may be combined, eliminated, or otherwise streamlined;
(c) Review each data reporting request made to school districts and public schools and notify school districts and public schools which of the following designations applies:
(I) The request is mandatory because it is required by statute or rule;
(II) The request is required to acquire a benefit because a statute or rule requires a school district or public school that chooses to seek or receive a specified governmental benefit to report the data; or
(III) The request is voluntary because it is not specifically required by a statute or rule;
(d) Review all proposed statutory and regulatory data reporting requirements, whether proposed in state or federal legislation or in rules, and, to the extent practicable prior to final adoption, inform the general assembly or the enacting state or federal agency of the estimated cost to the school districts and public schools of complying with the proposed statutory and regulatory data reporting requirements and make recommendations to the general assembly or to the enacting state or federal agency concerning whether the proposed requirements are already included in existing law or regulation and whether the proposed requirements are necessary and appropriate;
(e) Advise the department on the impact of data practices and technology on school districts and public schools;
(f) Periodically review the rules for implementing the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, and recommend to the state board an interpretation of said act that will facilitate the exchange and sharing of student information to the greatest extent possible in compliance with the federal regulations for implementing said act; and
(g) Review the processes and timing for collecting student demographic data and make recommendations to the state board for efficiently updating the data as necessary.
(2.5) If there is a difference between the designation identified by the EDAC pursuant to subsection (2)(c) of this section and the department's final determination, the state board shall engage in a public information session with the opportunity for public input and to allow the EDAC and the department to discuss their perspectives.
(3) (a) The EDAC shall annually, or more often if necessary, make recommendations to the state board and to the appropriate legislative committees of reference based on the subject matter of the recommendation for the repeal or amendment of statutory and regulatory data reporting requirements that the EDAC has identified as duplicative, obsolete, or inefficient.
(b) Repealed.
(4) The EDAC shall identify those reporting requirements that may be consolidated into a single report or a single submission for purposes of streamlining data submission for school districts and public schools.
(5) As used in this section, statutory and regulatory data reporting requirements includes all data reporting requirements that apply to school districts and public schools and that are imposed by federal or state statute or by rule of a federal or state agency, including but not limited to the data reporting requirements imposed by the department of human services, the department of public health and environment, and the department of health care policy and financing.
(6) Repealed.
Source: L. 2007: Entire part added, p. 1061, � 1, effective May 23. L. 2009: Entire section amended, (HB 09-1214), ch. 198, p. 887, � 1, effective April 30. L. 2010: (2)(c), (2)(e), and (2)(f) amended and (2)(g) added, (HB 10-1171), ch. 401, p. 1934, � 4, effective August 11. L. 2017: (6)(a) amended, (SB 17-144), ch. 110, p. 397, � 2, effective April 6. L. 2022: (2)(c) amended, (2.5) added, and (6) repealed, (HB 22-1265), ch. 455, p. 3259, � 1, effective June 8.
Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2010. (See L. 2009, p. 887.)
22-2-305. Data dictionary - legislative declaration - creation - contents - report. (1) (a) The general assembly finds that there is a need for consistency in electronic data submission protocols and requirements to allow school districts and public schools to submit data for multiple reports in one transaction. Under the existing data submission system, school districts and public schools are often forced to report data that is known to be incorrect because of an existing inability to correct or resubmit data through the current data technology system. The general assembly finds that the priority in data collection and submission must be the efficient collection and use of accurate, relevant data.
(b) The general assembly finds therefore that, with the creation and implementation of a data dictionary, the department may bring consistency and greater accuracy to the data elements collected from school districts and public schools and increase the efficiency of education data submission and collection by not collecting the same data elements more often than necessary.
(2) (a) The department shall develop and distribute to the school districts and public schools a data dictionary to define the data the department will collect and the methods and protocols by which school districts and public schools will submit the data. At a minimum, the data dictionary shall include the following items:
(I) A map of the current data collection requirements, including the definition of each data element, when each data element is collected, identification of the external reports for which each data element is used, and identification of the method by which each data element is collected;
(II) A description of the format for data submission, acceptable values in data submission, the available options for dealing with data fields for which the submitting school district or public school does not have information, and logical comparisons to prior reports;
(III) Identification of data relationships;
(IV) Data element tables; and
(V) Identification of data element locations within data access tools.
(b) In developing the data dictionary, the department shall seek and apply input from school districts, public schools, and the EDAC. In addition, the department shall ensure that the data elements included in the data dictionary are aligned with the descriptions and definitions of data elements that are used by national education organizations such as the federal department of education and other organizations that set national education standards and ratings.
(3) On or before August 1, 2007, the department shall report the status of the data dictionary to the state board, the education committees of the senate and house of representatives, or any successor committees, the governor, school districts, and the EDAC. At a minimum, the report shall include:
(a) A description of how many school districts and public schools were involved in the process of creating the data dictionary, the extent to which the EDAC was involved in the process, and the manner of the school districts', public schools', and the EDAC's involvement;
(b) An explanation of the department's methods and considerations in creating the data dictionary, including the extent to which the department considered models from other states;
(c) An explanation of the manner in which school districts and public schools will access the data dictionary; and
(d) The method by and frequency with which the department plans to review and update the data dictionary.
(4) The department shall ensure that the data dictionary is fully operational and available for use on or before October 1, 2007.
(5) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, the creation and implementation of the data dictionary pursuant to this section is an important element of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
Source: L. 2007: Entire part added, p. 1062, � 1, effective May 23.
22-2-306. Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows. (1) The general assembly finds that it is imperative that school districts and public schools receive adequate advance notice of changes in data submission requirements to enable them to effectively comply with the new requirements. The general assembly further finds that the department must allow school districts and public schools the necessary time in which to comply with changes in data submission requirements in order to ensure that the school districts and public schools provide accurate data.
(2) The department shall provide to school districts, public schools, and vendors notice of new federal or state data submission requirements or changes to existing federal or state data submission requirements within one business day after receiving the new or changed requirements. The department shall notify school districts, public schools, and vendors of new or changed federal or state data submission requirements and communicate any other pertinent information through an electronic mail list developed by the department to which school districts, public schools, and vendors may subscribe. The department shall also conduct informational meetings that allow school districts, public schools, and vendors to ask questions and receive technical support to ensure accuracy and efficiency in data submission.
(3) (a) To improve the accuracy of submitted data and minimize inaccurate data submissions and errors in data submitted by school districts and public schools, the department shall update data reporting requirements on the department website on an annual basis. The department shall ensure that the department website is updated annually by April 1 with all changes to state or federal data reporting requirements made since the preceding April 1. No later than the following July 1, school districts and public schools shall comply with the changes to state or federal data reporting requirements that are included in the April 1 update.
(b) Notwithstanding any provision of paragraph (a) of this subsection (3) to the contrary, if federally required or state-required timelines for implementing data reporting requirements conflict with the provisions of paragraph (a) of this subsection (3), the department, the school districts, and the public schools shall comply with the federally required timelines.
(4) (a) To assist the department, school districts, and public schools in exercising reasonable management over data collection and submission activities, following the enactment of legislation that alters data collection requirements, the state board shall promulgate rules to implement the changes in accordance with a timeline that ensures the rules are effective by April 1 following the effective date of the legislation. Each school district and public school shall reformat its data systems by the July 1 following enactment of the rules.
(b) Notwithstanding any provision of paragraph (a) of this subsection (4) to the contrary, if federally required or state-required timelines for implementing data reporting requirements conflict with the provisions of paragraph (a) of this subsection (4), the state board, the school districts, and the public schools shall comply with the federally required timelines.
Source: L. 2007: Entire part added, p. 1064, � 1, effective May 23. L. 2009: (3) and (4) amended, (HB 09-1214), ch. 198, p. 889, � 2, effective April 30. L. 2010: (3)(b) and (4)(b) amended, (HB 10-1013), ch. 399, p. 1907, � 21, effective June 10.
22-2-307. Data reporting requirements - interpretation of federal law - suspension. (1) On or before October 1, 2009, and periodically thereafter, the state board shall review the rules for implementing the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, and shall adopt an interpretation of said act that will facilitate the exchange and sharing of student information to the greatest extent possible in compliance with the federal regulations for implementing said act. The state board shall consult with the EDAC in determining its interpretation of said act.
(2) The department shall periodically review its interpretation of federal regulations pertaining to education data collection and reporting and shall ensure that it takes into consideration the interpretations adopted by the departments of education in neighboring states.
(3) (a) Notwithstanding any provision of law to the contrary, in any year in which the general assembly does not appropriate moneys to implement a state program in which the department, a school district, the state charter school institute, or a public school was participating, any reporting requirements that are required under the provisions of the state program are suspended, and the department, school districts, the state charter school institute, and public schools need not comply with said reporting requirements; except that a participating school district, the state charter school institute if it is participating, or a participating public school shall comply with requirements to report information concerning the entity's participation in the state program during the period in which it was funded.
(b) For purposes of this subsection (3), state program means a program specifically created in state statute and for which the statute creating the program specifically provides funding to a participating school district, the state charter school institute, or a public school.
Source: L. 2009: Entire section added, (HB 09-1214), ch. 198, p. 889, � 3, effective April 30.
22-2-308. Data reporting requirements - office of legislative legal services. Notwithstanding the provisions of section 2-3-505, C.R.S., the office of legislative legal services, created in section 2-3-501, C.R.S., shall notify EDAC of any legislation introduced that creates by specific language a new requirement for a local education agency to report data to any state or federal agency.
Source: L. 2012: Entire section added, (HB 12-1240), ch. 258, p. 1309, � 4, effective June 4. L. 2013: Entire section amended, (HB 13-1219), ch. 104, p. 357, � 4, effective August 7.
22-2-309. Student data - accessibility - transparency - accountability - short title - definitions. (Repealed)
Source: L. 2014: Entire section added, (HB 14-1294), ch. 366, p. 1750, � 2, effective August 6. L. 2016: Entire section repealed, (HB 16-1423), ch. 355, p. 1475, � 2, effective August 10.
Editor's note: This section was relocated to article 16 of this title in 2016. Former subsection numbers are shown in editor's notes following the C.R.S. sections in article 16 containing those subsections that were relocated.