(1) The education data subcommittee is created as a subcommittee of the advisory board. The education data subcommittee consists of the following members:

(a) The advisory board members appointed pursuant to section 24-37.5-703 (1)(b)(II) and (1)(b)(III) to represent school districts;

(b) A person serving on the education data advisory committee created pursuant to section 22-2-304, C.R.S., which person is appointed by the governor;

(c) The advisory board member selected from the department of education;

(d) The advisory board member selected from the department of higher education;

(e) The advisory board member selected from the department of human services; and

(f) At least ten members appointed by the governor with expertise in data sharing by education agencies, including at least one representative from each of the following groups:

(I) Information officers employed by the school districts in the state;

(II) Charter schools authorized by school districts pursuant to part 1 of article 30.5 of title 22, C.R.S.;

(III) The state charter school institute created in part 5 of article 30.5 of title 22, C.R.S.;

(IV) The boards of cooperative services created pursuant to article 5 of title 22, C.R.S.;

(V) Information officers employed within the state system of community and technical colleges established pursuant to section 23-60-201, C.R.S.;

(VI) The governing boards of the state institutions of higher education;

(VII) Early childhood councils established pursuant to part 1 of article 6.5 of title 26;

(VIII) Institutions of higher education or nongovernmental organizations that, in the course of conducting research, routinely request data from state agencies;

(IX) Nonprofit advocacy groups that work in children's issues and routinely request data from state agencies; and

(X) Statewide membership organizations of education professionals and local boards of education.

(2) The governor shall make the initial appointments to the education data subcommittee no later than October 1, 2009.

(3) The members of the education data subcommittee appointed by the governor shall:

(a) Serve terms of four years; except that, of the members initially appointed, the governor shall select approximately one-third of the members to serve two-year terms and approximately one-third of the members to serve three-year terms;

(b) Serve at the will of the governor. If a vacancy arises during a member's term, the governor shall appoint a person meeting the same qualifications to serve the remainder of the term.

(c) Serve without compensation and without reimbursement for expenses.

(4) (a) The advisory board member selected from the department of education shall schedule the first meeting of the education data subcommittee. At the first meeting, the education data subcommittee shall elect a chair from among its members to serve for a term not exceeding two years, as determined by the subcommittee. A member shall not be eligible to serve as chair for more than two successive terms.

(b) The education data subcommittee shall meet as often as necessary, at the call of the chair, to complete its duties.

(c) The office, to the extent practicable within existing resources, shall provide technical assistance and support to the education data subcommittee to assist the subcommittee in completing its duties pursuant to this section.

(5) The education data subcommittee shall have the following duties:

(a) To recommend to the chief information officer and the advisory board protocols and procedures for sharing education data among charter schools, school districts, boards of cooperative services, the department of education, the department of higher education, and state institutions of higher education;

(b) To recommend to the chief information officer and the advisory board appropriate information technology and reporting formats for education data;

(c) To recommend data element standards for individual student records for use by charter schools, school districts, boards of cooperative services, the department of education, the department of higher education, and state institutions of higher education;

(d) To recommend electronic standards by which charter schools, school districts, boards of cooperative services, the department of education, the department of higher education, and state institutions of higher education may share data currently being shared through other means, including but not limited to interoperability standards, standards and protocols for transfer of records including student transcripts, and the use of data-exchange transcripts;

(e) To recommend the design and continuing development of a statewide comprehensive P-20 education data system that may include, but need not be limited to, implementation of an interoperability data framework and protocols and standards for data input and for making and responding to data requests to ensure that preschool through postsecondary education entities throughout the state can share education data;

(f) Upon request by the chief information officer, to advise the chief information officer on other issues pertaining to education data sharing; and

(g) To identify a method or methods, if feasible, for assigning a unique student identifier as part of the department of education record integration tracking system or an alternative tracking system employing interagency data-sharing, for each person enrolled in an adult basic education programor a high school equivalency examination program.

(6) (a) The education data subcommittee shall ensure that its recommendations conform with the interdepartmental data protocol and are in compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.

(b) The education data subcommittee shall ensure that its recommendations for the statewide comprehensive P-20 education data system include the elements required in the federal "America COMPETES Act", 20 U.S.C. sec. 9801 et seq., in order to qualify for the maximum amount of federal funding available through the "American Recovery and Reinvestment Act of 2009", Pub.L. 111-5.

(7) On or before December 1, 2009, and at least every six months thereafter, the education data subcommittee shall submit to the chief information officer and the advisory board its recommendations prepared pursuant to subsection (5) of this section. The chief information officer shall review the recommendations and take them into account in preparing a report concerning protocols and procedures for sharing student data among preschool through postsecondary education entities, including but not limited to the creation of a statewide comprehensive P-20 education data system. The chief information officer shall combine the report with the report prepared pursuant to section 24-37.5-703 (6) and submit the combined report to the general assembly on or before March 1, 2010, and on or before March 1 each year thereafter.

(8) This section is repealed, effective July 1, 2019.