A BILL TO BE ENTITLED
AN ACT TO RESTORE AUTHORITY OF THE EDUCATIONAL LONGITUDINAL DATA SYSTEM TO A GOVERNANCE BOARD.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 116E‑1 reads as rewritten:
"§ 116E‑1.  Definitions.
(1)	"Board" means the governing board of the North Carolina Longitudinal Data System.
(2)	"De‑identified data" means a data set in which parent and student identity information, including the student social security number, has been removed.
…."
SECTION 2.  G.S. 116E‑3 is reenacted as it existed immediately before its repeal and reads as rewritten:
"§ 116E‑3.  North Carolina Longitudinal Data System Board.
(a)	There is established the North Carolina Longitudinal Data System Board which shall consist of the following 18 members:
(1)	The Superintendent of Public Instruction, or the Superintendent's designee.
(2)	The President of The University of North Carolina, or the President's designee.
(3)	The President of the North Carolina Community College System, or the President's designee.
(4)	The Secretary of the Department of Health and Human Services, or a designee of the Secretary affiliated with the Department's Division of Child Development.
(5)	The Assistant Secretary of the Department of Commerce, Division of Employment Security, or the Assistant Secretary's designee.
(6)	The Secretary of the Department of Revenue, or the Secretary's designee.
(7)	The Commissioner of Labor, or the Commissioner's designee.
(8)	The President of the North Carolina Independent Colleges and Universities, Inc., or the President's designee.
(9)	The Commissioner of Motor Vehicles, Department of Transportation, or the Commissioner's designee.
(10)	The State Chief Information Officer, or a designee of the Officer affiliated with the Government Data Analytics Center.
(11)	The State Controller, or the Controller's designee.
(12)	Three public members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(13)	Three public members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(14)	One public member appointed by the Governor, to serve at the Governor's pleasure.	
(b)	Appointed members of the Board shall serve terms of four years. Terms of appointed members shall begin May 1, 2013, and every four years thereafter. Appointed members may be reappointed but shall not serve more than two consecutive terms. Vacancies among appointed members shall be filled by the appointing entity and shall be for the remainder of the vacant term.
(c)	The Board shall elect from the appointed members a chair and a vice‑chair for a term of two years.
(d)	Members of the Board shall receive such per diem compensation and necessary travel and subsistence expenses while engaged in the official discharge of the official duties as is provided by law for members of State boards and commissions.
(e)	The Board shall hold an initial meeting upon appointment of a majority of the appointed members. The Board shall meet at least quarterly, but may meet more frequently upon the call of the chair."
SECTION 3.  G.S. 116E‑4 reads as rewritten:
"§ 116E‑4.  Powers and duties of the Board.
(a)	The Board shall have the following powers and duties:
...
(4)	Before the use of any individual data in the System, the Board shall do the following:
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b.	Develop and implement policies to comply with FERPA and any other privacy measures, as required by law or the Board.
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(9)	Establish an advisory committee on data quality to advise the Board on issues related to data auditing and tracking to ensure data validity.
(b)	The Board shall adopt rules according to Chapter 150B of the General Statutes as provided in G.S. 116E‑6 to implement the provisions of this Article.
(c)	The Board shall report quarterly to the Joint Legislative Education Oversight Committee, the Joint Legislative Commission on Governmental Operations, and the Joint Legislative Oversight Committee on Information Technology beginning September 30, 2013. The report shall include the following:
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(3)	Any other recommendations made by the Board, including the most effective and efficient configuration for the System."
SECTION 4.  G.S. 116E‑6 reads as rewritten:
"§ 116E‑6.  Data sharing.
(a)	Local school administrative units, charter schools, community colleges, constituent institutions of The University of North Carolina, and State agencies shall do all of the following:
(1)	Comply with the data requirements and implementation schedule for the System as set forth by the Board.
(2)	Transfer student data and workforce data to the System in accordance with the data security and safeguarding plan developed by the Board under G.S. 116E‑5.
(b)	Private colleges and universities, the North Carolina Independent Colleges and Universities, Inc., and nonpublic schools may transfer student data and workforce data to the System in accordance with the data security and safeguarding plan developed by the Board under G.S. 116E‑5."
SECTION 5.  G.S. 120‑123(81), 143B‑1321(a)(31), and 143B‑1322(c)(21) are reenacted as they existed immediately before their repeal.
SECTION 6.  The North Carolina Longitudinal Data System Board shall adopt rules pursuant to G.S. 116E‑4 no later than December 1, 2017.
SECTION 7.  This act is effective when it becomes law.