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Appendix E: LDS in Legislation

This appendix contains excerpts of key longitudinal data-related language from these major pieces of legislation:

  • The No Child Left Behind Act of 2001
  • Educational Technical Assistance Act of 2002
  • The America Competes Act of 2007
  • The American Recovery and Reinvestment Act of 2009

The No Child left Behind Act of 2001

Public Law 107–110
107th Congress
An Act

To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short Title.
This title may be cited as the "No Child Left Behind Act of 2001." (...)
Title I. Improving the Academic Achievement of the Disadvantaged. (...)
Part A. Improving Basic Programs Operated by Local Educational Agencies (...)
Subpart 1. Basic Program Requirements (...)
Section 1111. State Plans. (...)
  1. Academic standards, academic assessments, and accountability. (...)
    1. Academic assessments. (...)
      1. Use of assessments.
        Each state educational agency may incorporate the data from the assessments under this paragraph into a state-developed longitudinal data system that links student test scores, length of enrollment, and graduation records over time.

Educational Technical Assistance Act of 2002



Public Law 107–279
107th Congress

An Act

To provide for improvement of federal education research, statistics, evaluation, information, and dissemination; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Title II—Educational Technical Assistance. (...)

Section 208. Grant Program for Statewide, Longitudinal Data Systems.

  1. Grants authorized. The Secretary is authorized to award grants, on a competitive basis, to state educational agencies to enable such agencies to design, develop, and implement statewide, longitudinal data systems to efficiently and accurately manage, analyze, disaggregate, and use individual student data, consistent with the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
  2. Applications. Each state educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
  3. Awarding of grants. In awarding grants under this section, the Secretary shall use a peer review process that
    1. ensures technical quality (including validity and reliability), promotes linkages across states, and protects student privacy consistent with section 183;
    2. promotes the generation and accurate and timely use of data that is needed
      1. for states and local educational agencies to comply with the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and other reporting requirements and close achievement gaps; and
      2. to facilitate research to improve student academic achievement and close achievement gaps; and
    3. gives priority to applications that meet the voluntary standards and guidelines described in section 153(a)(5).
  4. 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 state data systems.
  5. Report. Not later than 1 year after the date of enactment of the Educational Technical Assistance Act of 2002, and again 3 years after such date of enactment, the Secretary, in consultation with the National Academies Committee on National Statistics, shall make publicly available a report on the implementation and effectiveness of federal, state, and local efforts related to the goals of this section, including
    1. identifying and analyzing state practices regarding the development and use of statewide, longitudinal data systems;
    2. evaluating the ability of such systems to manage individual student data consistent with the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote linkages across states, and protect student privacy consistent with section 183; and
    3. identifying best practices and areas for improvement.

America COMPETES Act of 2007

Public Law 110–69
110th Congress

An Act


To invest in innovation through research and development, and to improve the competitiveness of the United States.

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 "America COMPETES Act" or the "America Creating Opportunities to meaningfully Promote Excellence in Technology, Education, and Science Act." (...)

Title VI. Education. (...)
Subtitle D. Alignment of Education Programs.
Section 6401. Alignment of Secondary School Graduation Requirements With the Demands of 21st Century Postsecondary Endeavors and Support for P–16 Education Data Systems. (...)

  1. Authorized activities.
    1. Grants for statewide P–16 education data systems.
      1. Establishment of system. Each state that receives a grant under subsection (c)(2) shall establish a statewide P–16 education longitudinal data system that
        1. provides each student, upon enrollment in a public elementary school or secondary school in the State, with a unique identifier, such as a bar code, that
          1. does not permit a student to be individually identified by users of the system; and
          2. is retained throughout the student's enrollment in P–16 education in the State; and
        2. meets the requirements of subparagraphs (B) through (E). (...)
      1. Required elements of a statewide P–16 education data system. The State shall ensure that the statewide P–16 education data system includes the following elements:
        1. Preschool through grade 12 education and postsecondary education. With respect to preschool through grade 12 education and postsecondary education:
          1. a unique statewide student identifier that does not permit a student to be individually identified by users of the system;
          2. student-level enrollment, demographic, and program participation information;
          3. student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete P–16 education programs;
          4. the capacity to communicate with higher education data systems; and
          5. a state data audit system assessing data quality, validity, and reliability.
        2. Preschool through grade 12 education. With respect to preschool through grade 12 education—deadline.
          1. yearly test records of individual students with respect to assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 311[b]);
          2. information on students not tested by grade and subject;
          3. a teacher identifier system with the ability to match teachers to students;
          4. student-level transcript information, including information on courses completed and grades earned; and
          5. tudent-level college readiness test scores.
        3. Postsecondary education. With respect to postsecondary education, data that provide
          1. information regarding the extent to which students transition successfully from secondary school to postsecondary education, including whether students enroll in remedial coursework; and
          2. other information determined necessary to address alignment and adequate preparation for success in postsecondary education.

American Recovery and Reinvestment Act of 2009


Public Law 111–5
111th Congress

An Act

Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and state and local fiscal stabilization for the fiscal year ending September 30, 2009; and for other purposes.

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 "American Recovery and Reinvestment Act of 2009." (...)

Title VIII. Departments of Labor, Health and Human Services, and Education; and Related Agencies. (...)
Department of Education (...)
Institute of Education Sciences

For an additional amount for "Institute of Education Sciences" to carry out section 208 of the Educational Technical Assistance Act, $250,000,000, which may be used for statewide data systems that include postsecondary and workforce information, of which up to $5,000,000 may be used for state data coordinators and for awards to public or private organizations or agencies to improve data coordination. (...)

Title XIV. State Fiscal Stabilization Fund (...)
Department of Education
State Fiscal Stabilization Fund (...)


For necessary expenses for a State Fiscal Stabilization Fund, $53,600,000,000, which shall be administered by the Department of Education.

General Provisions (...)
Section 14005. State Applications. (...)

  1. Application. In such application, the Governor shall
    1. include the assurances described in subsection (d);
    2. provide baseline data that demonstrates the State's current status in each of the areas described in such assurances; and
    3. describe how the State intends to use its allocation, including whether the State will use such allocation to meet maintenance of effort requirements under the Elementary and Secondary Education Act (ESEA) and Individuals with Disabilities Education Act (IDEA) and, in such cases, what amount will be used to meet such requirements. (...)
  1. Assurances. An application under subsection (b) shall include the following assurances: (...)
    1. Improving collection and use of data. The State will establish a longitudinal data system that includes the elements described in section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871).

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