2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNORS OFFICE (§§ 24-37-101 — 24-38.9-101) › Article 37.5 - Office of Information Technology (§§ 24-37.5-101 — 24-37.5-905) › Part 1 - OFFICE CREATED (§§ 24-37.5-101 — 24-37.5-127) › Section 24-37.5-125 - Colorado statewide longitudinal data system - education and workforce - postsecondary workforce readiness programs - appropriation - cash fund - report - definitions - repeal

(1)
As used in this section, unless the context otherwise requires:
(a)
"Colorado statewide longitudinal data system" or "data system" means the Colorado statewide longitudinal data system created in subsection (2)(a) of this section.
(b)
"Colorado statewide longitudinal data system governing board" or "governing board" means the Colorado statewide longitudinal data system governing board created in subsection (3)(a) of this section.
(c)
"Contributing agencies" means agencies that contribute data to the office for the Colorado statewide longitudinal data system. Contributing agencies include, but are not limited to, the department of early childhood, the department of education, the department of higher education, the department of labor and employment, and the office of economic development.
(d)
"Operational tools" means the software and hardware needed to securely and legally connect data across systems and support data analysis.
(e)
"Postsecondary and workforce readiness programs" means programs for Colorado high school students to develop the knowledge and competencies needed to succeed in postsecondary settings and to advance in career pathways as lifelong learners and contributing citizens.
(f)
"Statewide longitudinal data system cash fund" or "cash fund" means the statewide longitudinal data system cash fund created in subsection (8) of this section.
(g)
"Sustainability interagency advisory group" or "sustainability advisory group" means the sustainability interagency advisory group convened pursuant to subsection (4)(n) of this section by the governing board.
(h)
"Systems build and implementation interagency advisory group" or "systems advisory group" means the systems build and implementation interagency advisory group convened pursuant to subsection (4)(n) of this section by the governing board.
(2)
(a)
The Colorado statewide longitudinal data system is created within the office. The purposes of the data system are to:
(I)
Establish a consistent, appropriate, secure, and legal means of data sharing focused on education and workforce outcomes and postsecondary and workforce readiness program data;
(II)
Provide data and data analysis that supports evidence-based decision making for policymakers as the policymakers consider opportunities to improve educational and workforce outcomes and reduce opportunity gaps;
(III)
Provide information, as appropriate, that supports education and workforce practitioners and supports students and families in making informed decisions regarding students' education; and
(IV)
Enhance the security of data sharing by minimizing the number of data-sharing agreements between contributing agencies and standardizing data-sharing practices.
(b)
In creating the data system, office shall, at a minimum:
(I)
Consider the recommendations set forth in the reports described in section 23-1-141(7);
(II)
Adopt a timeline to phase in the data system, including a timeline for the development of analytical tools and operational tools and to offer professional development and technical assistance to contributing agencies that use the data system;
(III)
Initiate work on the data system;
(IV)
Ensure protection of individual privacy in accordance with applicable state and federal laws that apply to the data provided by contributing agencies;
(V)
Focus on the development and implementation of operational tools to meet the purposes outlined in subsection (2)(a) of this section;
(VI)
Develop and implement communications, professional development, and technical assistance that support the data system's use across contributing agencies and with partner entities;
(VII)
Align data systems from contributing agencies and partner entities with interoperable standards and common data governance practices to maximize services provided to Coloradans;
(VIII)
Convene the Colorado statewide longitudinal data system governing board;
(IX)
Implement the operational decisions of the governing board pursuant to subsection (4) of this section; and
(X)
Develop a data-request process consistent with the governing board's data-request policy described in subsection (4)(e) of this section.
(3)
(a)
The Colorado statewide longitudinal data system governing board is created in the office. The office shall convene and administer the governing board. The governing board includes the following voting members:
(I)
The chief information officer or the chief information officer's designee who holds an executive leadership position;
(II)
The executive director of the department of early childhood or the executive director's designee who holds an executive leadership position;
(III)
The commissioner of education or the commissioner of education's designee who holds an executive leadership position;
(IV)
The executive director of the department of higher education or the executive director's designee who holds an executive leadership position; and
(V)
The executive director of the department of labor and employment or the executive director's designee who holds an executive leadership position.
(b)
The governing board includes the following nonvoting members:
(I)
A representative of the governor's office, appointed by the governor;
(II)
A representative of the office of state planning and budgeting, appointed by the governor;
(III)
A representative of the office of the attorney general with legal expertise in data privacy and governance, appointed by the attorney general;
(IV)
An administrator of the federal "Carl D. Perkins Career and Technical Education Improvement Act of 1998", 20 U.S.C. sec. 2301 et seq., as amended, appointed by the state administrator of the state board for community colleges and occupational education in coordination with its career and technical education role; and
(V)
No more than three members of the public appointed by the governor.
(4)
At a minimum, the governing board shall:
(a)
Establish the governance structure necessary to oversee the sharing and connecting of multiple data sets into the data system;
(b)
Establish the process and procedures for voting and decision-making;
(c)
Align existing data-sharing and data governance efforts to minimize the need for new or duplicative data infrastructures and to connect existing data to the data system more efficiently and securely;
(d)
Review workforce and education data when it is annually available, review the statutory requirements and timelines for reporting data, and consider when data collection and reporting is most valuable;
(e)
Develop data governance policies for contributing agencies with an emphasis on limiting the number of new data-sharing agreements required to maximize efficiency and to ensure consistent practice. The governance policy must include a data-request policy that is consistent with applicable state and federal laws.
(f)
Define the data elements necessary to measure the impacts and long-term outcomes of education and workforce programs in accordance with the "Student Data Transparency and Security Act", article 16 of title 22;
(g)
Ensure the security and data privacy of data system data, including compliance with existing state and federal data privacy and use laws;
(h)
Determine standard data elements to be included in data-sharing agreements;
(i)
Determine education and business requirements for the initial data systems build, including ongoing maintenance, scalable infrastructure, and the analytical tools and operational tools necessary to help the public use the education and workforce outcome data, as appropriate;
(j)
Create a plan that prioritizes and sequences key components needed to enhance and expand the data system and identify the additional data elements and data sources that may be needed for future linkage to the data system;
(k)
Estimate the ongoing fiscal effect and structure for each contributing agency to contribute to the data system, identify costs and opportunities for efficiencies and cost-savings in sharing, protecting, and reporting data through the data system;
(l)
Adopt and adjust, as necessary, a data dictionary, data standards, and security protocols to ensure interoperability between the data system, data from other state agencies, and other state data systems using the same data;
(m)
Ensure the data system serves its intended purposes by seeking input and collecting data, including disaggregated data, from contributing agencies and summarizing the data and providing recommendations to the general assembly, governor, and the state board of education in the interim report and annual report described in subsection (7) of this section in order to adjust the vision, mission, and strategic objectives for the data system; and
(n)
Convene the systems build and implementation interagency advisory group and the sustainability interagency advisory group.
(5)
(a)
The systems build and implementation interagency advisory group shall, at a minimum, advise the governing board on the technical development and implementation of the data system. The systems advisory group members must have an understanding of each contributing agency's data system, processes, and structures. The systems advisory group shall advise and support the governing board's duties pursuant to subsection (4) of this section. Members of the systems advisory group include a representative of:
(I)
The office of information technology, appointed by the executive director of the office of information technology;
(II)
The department of early childhood, appointed by the executive director of the department of early childhood;
(III)
The department of education, appointed by the commissioner of education;
(IV)
The department of higher education, appointed by the executive director of the department of higher education;
(V)
The department of labor and employment, appointed by the executive director of the department of labor and employment;
(VI)
The governor's office, appointed by the governor;
(VII)
The office of state planning and budgeting, appointed by the governor; and
(VIII)
The office of the attorney general, appointed by the attorney general.
(b)
The sustainability interagency advisory group shall, at a minimum, advise the governing board on the use and function of the data system. The members of the sustainability advisory group shall have an understanding of the programs and data sets included in the data system, and how the data system informs decisions within each contributing agency and the contributing agency's stakeholders. The sustainability advisory group shall advise and support the governing board's duties pursuant to subsection (4) of this section. The sustainability advisory group shall include a representative of:
(I)
The office of information technology, appointed by the executive director of the office of information technology;
(II)
The department of early childhood, appointed by the executive director of the department of early childhood;
(III)
The department of education, appointed by the commissioner of education;
(IV)
The department of higher education, appointed by the executive director of the department of higher education;
(V)
The department of labor and employment, appointed by the executive director of the department of labor and employment;
(VI)
The governor's office, appointed by the governor;
(VII)
The office of state planning and budgeting, appointed by the governor; and
(VIII)
The office of the attorney general, appointed by the attorney general.
(6)
(a)
For purposes of the data system, the governing board shall:
(I)
Prioritize the needs of students and families;
(II)
Comply with state and federal laws to protect individual privacy, including, but not limited to:
(A)
The federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended;
(B)
The federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d et seq., as amended; and
(C)
The federal "Higher Education Act of 1965", 20 U.S.C. sec. 1070 et seq., as amended; and
(III)
Consider stakeholder input.
(b)
To inform the design of the data system, contributing state agencies shall seek input from relevant stakeholders to determine important measurements of value and outcome metrics.
(c)
State agencies, in addition to the contributing agencies, may contribute data to the data system, as necessary, for legislative reports, research questions, or other projects that require cross-agency data sharing.
(7)
(a)
On or before January 15, 2025, the office shall submit an interim report on the progress of the data system, the data governance processes and procedures, and recommendations for legislative changes and funding, as necessary, to the education committees of the house of representatives and the senate, or their successor committees, the state board of education, and the governor.
(b)
(I)
Notwithstanding section 24-1-136 (11)(a)(I), beginning April 15, 2026, and each April 15 thereafter, the office shall submit an annual report to the education committees of the house of representatives and the senate, or their successor committees, the state board of education, and the governor. Subject to data availability, the annual report must summarize key findings from education and workforce outcomes and education and workforce readiness, including, at a minimum:
(A)
Enrollment and outcomes in postsecondary and workforce readiness programs for high school graduates;
(B)
High school matriculation rates;
(C)
Postsecondary retention rates;
(D)
Postsecondary completion rates; and
(E)
One-, five-, and ten-year wage outcomes.
(II)
When possible and in alignment with data privacy practices, data must be disaggregated by local education provider, high school, or postsecondary or workforce readiness program participation; race; ethnicity; gender; disability status; and socioeconomic status.
(c)
The office shall post the interim report and the annual report described in this subsection (7) on the office's website.
(8)
(a)
The statewide longitudinal data system cash fund is created in the state treasury. The cash fund consists of money transferred to the cash fund pursuant to subsection (8)(b) of this section and any other money that the general assembly may appropriate or transfer to the cash fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the cash fund to the cash fund.
(b)
On July 1, 2024, the state treasurer shall transfer five million dollars from the general fund to the cash fund for purposes of this section.
(c)
Subject to annual appropriation by the general assembly for the 2024-25, 2025-26, and 2026-27 state fiscal years, the office and the department of education may expend money from the cash fund for purposes of this section.
(d)
Any money appropriated in a state fiscal year pursuant to this section that is unencumbered or unexpended at the end of that state fiscal year remains available for expenditure in the next fiscal year for the same purposes without further appropriation.
(e)
The state treasurer shall transfer all unexpended and unencumbered money in the cash fund on September 1, 2027, to the general fund.
(f)
This subsection (8) is repealed, effective October 1, 2027.
(9)
The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
Added by 2024 Ch. 238,§ 3, eff. 5/23/2024.