Requires confidentiality of wage reporting data reported pursuant to the federal workforce investment act.
TITLE OF BILL: An act to amend the education law and the labor law, in relation to access to certain wage reporting data for purposes of including data on employment and employment outcomes in required reports and evaluations under the federal workforce investment act and in the prekindergarten through post secondary data system
Purpose of the bill: To enhance the ability of the State Education Department (SED) to meet the conditions of Race to the Top, other federal grant awards, any applicable federal data requirements, or federal or state program requirements by providing access to certain wage reporting data to evaluate the effects of programs and services provided through the federal Workforce Investment Act and to provide SED with certain data for the prekindergarten through employment data system
Summary of provisions:
Section 1 of the bill would amend Education Law § 1007(2) and add a new subdivision 3 to Education Law § 1007 to require that any wage reporting information obtained by the Office of Adult, Career and Continuing Education Services obtained from the State Department of Tax and Finance and the Department of Labor shall be considered confidential and shall not be disclosed to persons other than those entitled to the information when such disclosure is necessary for the proper administration of the department's vocational rehabilitation program, including authorized representatives of the SED.
Section 2 of the bill would add a new subdivision 40-a to Education Law § 305 to require the State Department of Labor to provide necessary wage reporting information under Labor Law § 537 so that the State can provide data on employment and employment outcomes in required reports and evaluations under the federal workforce investment act and in the prekindergarten through employment (P-20) data system established to meet the conditions of federal grant awards and any federal or state program or data requirements, including but not limited to program evaluations. Any personally identifiable information shall be confidential and not be redisclosed, except to authorized representatives of the department, the State University of New York or the City University of New York for purposes of carrying out federal and state requirements.
Section 3 of the bill would amend clause 8 of Labor Law 537(3)(g)(ii) to update the references to the Office of Vocational and Educational Services for Individuals with Disabilities to its current name of the Office of Adult, Career and Continuing Education Services.
Section 4 of the bill would add a new clause 10 to subparagraph ii of paragraph g of subdivision 3 of section 537 of the Labor Law to make conforming amendments to the Labor Law to ensure that the State Department of Labor provides all relevant date on employment and employment outcomes in required reports and evaluations under the federal workforce investment act and in the prekindergarten through employment (P-20) data system to SED.
Section 5 of the bill would be the effective date.
Statement in support of the bill: Ensuring that New York State's students graduate from high school college and career ready is a central goal of the Regents Reform Agenda and is embedded throughout the State's winning Race to the Top (RTTT) application. As part of RTTT, the Board of Regents has adopted the Common Core State Standards. Implementation of these standards, together with the development of curriculum and assessments aligned to the standards, will prepare our students for success in college and the work place. Our ability to include employment and wage data from the Department of Labor in our P-20 data system is crucial to our efforts to measure career outcomes for students and to evaluate our success in educating our students at college and career ready levels.
As part of RTTT, the State has committed $4.5 million to "P-20 Data System Expansion: Integration of Non-Education Systems," which includes workforce data. NYSED has also received a State Longitudinal Data System Grant from the United States Department of Education, which includes $7.8 million to "Create and Implement P-20," including workforce data This legislation is critical to the Department's ability to deliver the comprehensive P-20 data system envisioned under RTTT. In addition, Chapter 100 of the Laws of 2010 provided a $20 million State capital appropriation to support implementation of the data system.
The State has committed to providing reports that provide information regarding K-12 program effectiveness, higher education program effectiveness, and the adequacy of teacher preparation programs to demonstrate the educational pathways that predict student success and "early warning systems" that predict high school dropout rates or lack of adequate preparation for college or careers. Employment and wage data is an essential link to the reports which will allow data-informed decisions to reallocate resources away from underperforming initiatives and into innovative, high-performing ones.
In addition, in 1998, the federal Work-force Investment Act (Public Law 105-220) established various workforce investment activities to promote a healthier workforce. More specifically, the Workforce Investment Act of 1998 provided for statewide and local workforce investment systems aimed at increasing the employment, retention, and earnings of participants in these programs and activities, and aimed at increasing the occupational skills of such participants, which would, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation. As a State participant in these initiatives, SED needs certain wage data in order for it to fully and effectively evaluate the effect of training and employment programs administered by the Department on the employment outcome and earning capacity of the participants of such programs. The federal government requires the monitoring and reporting of activities funded under the Workforce Investment Act for program accountability, in order to optimize the return on the investment of federal funding. Thus, this wage data is needed to more accurately meet these federal reporting requirements. Moreover, the Department can utilize this wage data to more effectively assess the effectiveness of its programs on its participants, which will, in turn, increase program efficacy.
In 2007, Section 4 of Part A of Chapter 57 added a new subdivision 40 to section 305 of the Education Law to require that the Board of Regents of the State Education Department explore the development of a pre-kindergarten through postsecondary (P-16) data system that tracks student performance from pre-kindergarten through attendance at public colleges and would link students to teachers or instructors. Education Law § 305(40), as added by Chapter 57, further provided that that the Commissioner of Education would consult with other relevant State departments and agencies about the feasibility of linking such data system to other data collection systems containing information relevant to the education of children, which would, in turn, facilitate the free exchange of data among such agencies. This bill will further expand the data system from pre-kindergarten through postsecondary (P-16) to pre-kindergarten through employment (P-20) to enable the Commissioner of Education to implement the requirements of federal grant awards and data reporting requirements by requiring State departments and agencies to require the State Labor Department to provide wage reporting information so the State can report employment outcomes of the children education in this State. Overall, this bill will help enable the State Education Department to better assess the effects of the education on the performance of students in this State and allow SED to meet the conditions of federal grant awards, federal data requirements and federal and state program requirements.
Budgetary implications of the bill: No additional costs would be associated with this legislation, but absent enactment of this legislation the State would jeopardize its ability to meet conditions in its RTTT application and could lose federal funding dedicated to specific activities in the grant.
Prior legislative history: None.
Effective date: The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5571 2013-2014 Regular Sessions IN SENATE May 21, 2013 ___________Introduced by Sen. FLANAGAN -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law and the labor law, in relation to access to certain wage reporting data for purposes of including data on employment and employment outcomes in required reports and evalu- ations under the federal workforce investment act and in the prekin- dergarten through post secondary data system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1007 of the education law, as added by chapter 656 of the laws of 1999, is amended and a new subdivi- sion 3 is added to read as follows: 2. Wage reporting information obtained by the office of
[vocational and educational services for individuals with disabilities]ADULT, CAREER AND CONTINUING EDUCATION SERVICES of the department OR ITS SUCCESSOR OFFICE from the state department of taxation and finance pursuant to the tax law shall be considered confidential and shall not be disclosed to persons or agencies other than those considered entitled to such information, INCLUDING AUTHORIZED REPRESENTATIVES OF THE DEPART- MENT, when such disclosure is necessary for the proper administration of the department's vocational rehabilitation program. 3. WAGE REPORTING DATA OBTAINED BY THE DEPARTMENT FROM THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-SEVEN OF THE LABOR LAW FOR PURPOSES OF THE VOCATIONAL REHABILITATION PROGRAM SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO PERSONS OR AGENCIES OTHER THAN THOSE CONSIDERED ENTITLED TO SUCH INFORMATION, INCLUDING AUTHORIZED REPRESENTATIVES OF THE DEPART- MENT, WHEN SUCH DISCLOSURE IS NECESSARY FOR THE PROPER ADMINISTRATION OF THE DEPARTMENT'S VOCATIONAL REHABILITATION PROGRAM.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10143-01-3 S. 5571 2
S 2. Section 305 of the education law is amended by adding a new subdivision 40-a to read as follows: 40-A. THE COMMISSIONER SHALL OBTAIN WAGE REPORTING DATA FROM THE STATE DEPARTMENT OF LABOR IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-SEVEN OF THE LABOR LAW FOR THE PURPOSE OF INCLUDING DATA ON EMPLOYMENT AND EMPLOYMENT OUTCOMES IN REQUIRED REPORTS AND EVALU- ATIONS UNDER THE FEDERAL WORKFORCE INVESTMENT ACT AND IN THE PREKINDER- GARTEN THROUGH POSTSECONDARY (P-20) DATA SYSTEM ESTABLISHED TO MEET THE CONDITIONS OF FEDERAL GRANT AWARDS AND ANY APPLICABLE FEDERAL DATA REQUIREMENTS OR FEDERAL OR STATE PROGRAM REQUIREMENTS. ANY PERSONALLY IDENTIFIABLE INFORMATION PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE CONFIDENTIAL AND SHALL NOT BE REDISCLOSED, EXCEPT TO AUTHORIZED REPRE- SENTATIVES OF THE DEPARTMENT AND THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK FOR PURPOSES OF CARRYING OUT SUCH FEDER- AL OR STATE REQUIREMENTS, INCLUDING BUT NOT LIMITED TO PROGRAM EVALU- ATIONS. S 3. Clause 8 of subparagraph (ii) of paragraph g of subdivision 3 of section 537 of the labor law, as added by chapter 551 of the laws of 2008, is amended to read as follows: (8) the office of
[vocational and educational services for individuals with disabilities]ADULT, CAREER AND CONTINUING EDUCATION SERVICES of the education department, OR ITS SUCCESSOR OFFICE, for the evaluation of the effect on earnings of participants, or former participants, in employment and training programs for which the [office of vocational and educational services for individuals with disabilities of the]education department has reporting, monitoring or evaluating responsibilities. S 4. Subparagraph (ii) of paragraph g of subdivision 3 of section 537 of the labor law is amended by adding a new clause 10 to read as follows: (10) TO THE STATE EDUCATION DEPARTMENT FOR THE PURPOSE OF INCLUDING DATA ON EMPLOYMENT AND EMPLOYMENT OUTCOMES IN REQUIRED REPORTS AND EVAL- UATIONS UNDER THE FEDERAL WORKFORCE INVESTMENT ACT AND IN THE PREKINDER- GARTEN THROUGH POSTSECONDARY (P-20) DATA SYSTEM IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FORTY-A OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. S 5. This act shall take effect immediately.