EXECUTIVE ORDER No. 2010 - 15
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible for the faithful execution of the laws;
WHEREAS, under Section 94a of the State School Aid Act, 1979 PA 94, MCL 388.1694a, the Center for Educational Performance and Information was created within the State Budget Office in the Department of Technology, Management, and Budget and is responsible for, among other things, coordinating the collection, management, and reporting of all education data required by state and federal law for preschool, elementary, secondary and postsecondary education, in a manner that reduces the administrative burden on reporting entities, complies with federal and state privacy laws, and provides data and reports to state and local policymakers and the residents of this state;
WHEREAS, under Section 94a of the State School Aid Act, 1979 PA 94, MCL 388.1694a, the Center for Educational Performance and Information is also responsible for the development and implementation of a comprehensive P-20 longitudinal data reporting system and the collection of data necessary to implement the system, including the electronic exchange of student records between preschool, elementary, secondary and postsecondary educational entities;
WHEREAS, there is a need for an effective P-20 longitudinal data collection management and reporting system that identifies factors that help increase student success at every level of the education system by providing students, educators, researchers, policymakers, and the residents of this state with high quality, useful, and timely reports that can improve both practice and policy;
WHEREAS, managing an effective P-20 longitudinal data reporting system requires close coordination and communication among state agencies, preschool, elementary, secondary, postsecondary, and other adult learner education entities;
WHEREAS, the creation of a P-20 Longitudinal Data System Advisory Council that consists of representatives from state agencies, preschool, elementary, secondary, postsecondary, and other adult learner education entities, as well as from the workforce, will assist the Center for Educational Performance and Information in its efforts to develop and implement a comprehensive P-20 longitudinal data reporting system;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
As used in this Order:
A. "Department of Technology, Management, and Budget" means the principal department of state government created as the Department of Management and Budget under Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121, and renamed under Executive Order 2009-55, MCL 18.441.
B. "Center for Educational Performance and Information" means the center within the State Budget Office provided for by Section 94a of the State School Aid Act, 1979 PA 94, MCL 388.1694a.
C. "Council" means the P-20 Longitudinal Data System Advisory Council created under Section II of this Order.
D. "P-20" means education and training at all levels from pre-school through postsecondary education, and workforce training.
E. "State Budget Director" means the individual appointed by the Governor pursuant to Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321 and Executive Order 2009-55, MCL 18.441.
F. "State Budget Office" means the office created within the Department of Technology, Management, and Budget under Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321, and renamed under Executive Order 2009-55, MCL 18.441.
II. CREATION OF THE P-20 LONGITUDINAL DATA SYSTEM ADVISORY COUNCIL
A. The P-20 Longitudinal Data System Advisory Council is created as an advisory body within the State Budget Office.
B. The Council shall consist of the following members:
1. The Superintendent of Public Instruction or his or her designee from within the Department of Education.
2. The Director of the Department of Technology, Management, and Budget or his or her designee from within the Department of Technology, Management, and Budget.
3. The Director of the Department of Energy, Labor, and Economic Growth or his or her designee from within the Department of Energy, Labor, and Economic Growth.
4. The State Treasurer or his or her designee from within the Department of Treasury.
5. The State Budget Director or his or her designee from within the State Budget Office.
6. The Chief Executive Officer of the Early Childhood Investment Corporation or his or her designee from within the Early Childhood Investment Corporation.
7. Twelve individuals appointed by the Governor, including all of the following:
a. Six individuals representing public schools in this state.
b. Three individuals representing institutions of higher education in this state but not including community colleges.
c. Two individuals representing community colleges in this state.
d. One other resident of this state.
C. Members of the Council appointed by the Governor under Section II.B.7 shall serve at the pleasure of the Governor and initially shall be appointed for terms expiring on September 30, 2014. After September 30, 2010, members shall be appointed to 4-year terms. A vacancy caused other than by expiration of a term shall be filled in the same manner as the original appointment for the remainder of the term.
D. The State Budget Director shall serve as the Chairperson of the Council. The members of the Council shall select members of the Council to serve as Vice-Chairperson and Secretary of the Council.
III. CHARGE TO THE COUNCIL
A. The Council shall act in an advisory capacity to the State Budget Director and the Governor and shall do all of the following:
1. Review, develop, and recommend policies, procedures, and timelines to be adopted by the Center for Educational Performance and Information for the development and implementation of, and ongoing collection of data included in, a comprehensive longitudinal data reporting system in compliance with state and federal laws.
2. Develop and maintain data definitions, data transmission protocols, and system specifications and procedures for the integrated, efficient, accurate, and cost-effective transmission, collection, and reporting of data, including the movement of electronic student records, that are based on open standards, nonproprietary formats, and without preference to a particular model.
3. Develop and recommend state and educational entity model policies related to data collection, maintenance and reporting for the P-20 longitudinal data reporting system, including, but not limited to, all of the following:
a. Storing unique student identifiers and matching student-level data in postsecondary data systems;
b. Reporting student-level remedial coursework for institutions of higher education to high schools;
c. Connecting individual teacher data to teacher preparation colleges;
d. Ensuring the privacy of individual student data, including that a student's social security number is not released to the public for any purpose.
4. Ensure the data in the P-20 longitudinal data reporting system is made available to state and local policymakers and residents of this state in the most useful format possible.
5. Report to the Governor and the Legislature on recommended changes in Michigan law.
6. Other duties as requested by the Governor or the State Budget Director.
IV. OPERATIONS OF THE COUNCIL
A. The Council shall be staffed and assisted by personnel from the State Budget Office. Any budgeting, procurement, or related management functions of the Council shall be performed under the direction and supervision of the State Budget Director.
B. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.
C. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of its serving members.
D. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.
E. The Council may establish advisory workgroups composed of representatives of entities participating in Council activities or other members of the public as deemed necessary by the Council to assist the Council in performing its duties and responsibilities. The Council may adopt, reject, or modify any recommendations proposed by an advisory workgroup.
F. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.
G. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.
H. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the State Budget Director deems advisable and necessary, in accordance with this Order, the relevant statutes, and the rules and procedures of the Civil Service Commission and the Department of Technology, Management, and Budget.
I. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.
J. Members of the Council shall refer all legal, legislative, and media contacts to the State Budget Office.
A. All departments, committees, commissioners, or officers of this state, or of any political subdivision of this state, shall give to the Council or to any member or representative of the Council, any necessary assistance required by the Council or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or review of the Council.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
D. This Order is effective October 18, 2010 at 12:01 a.m.
Given under my hand and the Great Seal of the State of Michigan this 18th day of August, in the year of our Lord, two thousand and ten.
JENNIFER M. GRANHOLM
BY THE GOVERNOR:
Secretary of State