Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4421 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4421
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 26, 2024.
5	5	The committee on Education, to whom was referred the petition
6	6	(accompanied by bill, House, No. 530) of Kate Lipper-Garabedian, Manny
7	7	Cruz and Vanna Howard relative to establishing an education-to-career
8	8	data center, reports recommending that the accompanying bill (House, No.
9	9	4421) ought to pass.
10	10	For the committee,
11	11	DENISE C. GARLICK. 1 of 10
12	12	FILED ON: 2/5/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4421
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An Act establishing an education-to-career data center.
20	20	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
21	21	of the same, as follows:
22	22	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 7D the
23	23	2following chapter:-
24	24	3 Chapter 7E. Education-to-Career Data Center
25	25	4 Section 1. Definitions
26	26	5 As used in this chapter, the following words shall, unless the context clearly requires
27	27	6otherwise, have the following meanings:—
28	28	7 “Board”, the board of the Massachusetts Education-to-Career Data Center established
29	29	8pursuant to section 4.
30	30	9 “Center”, the Massachusetts Education-to-Career Data Center established pursuant to
31	31	10section 2.
32	32	11 “Data element”, a variable or field in an administrative database or record. 2 of 10
33	33	12 “Data provider”, the public agency that provides data elements to the data system.
34	34	13 “Data requests in the public interest”, requests for data that enable families, educators,
35	35	14public agencies, researchers and policymakers to make appropriate choices and investments or
36	36	15provide appropriate interventions to improve educational and workforce outcomes for all
37	37	16individuals.
38	38	17 “Data system”, the Massachusetts Education-to-Career Data System established pursuant
39	39	18to section 2.
40	40	19 “De-identification”, the removal of an individual’s name, address, employer, date of
41	41	20birth, social security number, driver’s license number and other personal information from a data
42	42	21record. Data shall be considered “de-identified” only if satisfying the standard for de-
43	43	22identification set forth in 45 CFR § 164.514(b)(1) or (2) and 34 CFR § 99.31(b)(1).
44	44	23 “Longitudinal data set”, a data set containing information on individuals from various
45	45	24public and private sources over multiple periods of time.
46	46	25 “Research-practice partnerships”, collaborative, long-term relationships between
47	47	26researchers and practitioners that are designed to increase educational or workforce outcomes.
48	48	27 “Secure data enclave”, a secure, remotely accessible environment to aggregate and
49	49	28analyze personal data, as set forth in M.G.L c. 66A, without transferring the underlying data.
50	50	29 “Strategic initiative”, a major initiative to increase educational or workforce outcomes
51	51	30that receives funding from the commonwealth over multiple years or entails substantial changes
52	52	31to policy or practice.
53	53	32 Section 2. The Massachusetts Education-to-Career Data Center 3 of 10
54	54	33 (a) The Massachusetts Education-to-Career Data Center is hereby established within the
55	55	34Executive Office of Technology Services and Security. The center’s purpose is to build and
56	56	35operate the Massachusetts Education-to-Career Data System pursuant to section 3.
57	57	36 (b) The center shall be headed by an executive director who shall report to the secretary
58	58	37of information technology services and security. In selecting the executive director, the secretary
59	59	38shall consult with the board. The executive director shall be the chief executive, administrative
60	60	39and operational officer of the center; shall direct and supervise the administrative affairs and the
61	61	40general management of the center and shall attend the meetings of the board. The executive
62	62	41director may appoint and remove such employees deemed necessary to perform the duties of the
63	63	42center.
64	64	43 (c) The center may receive funding for its operations from state appropriations, federal
65	65	44grants, and any other grants or contributions from public agencies or other entities.
66	66	45 (d) The duties of the center shall be to:
67	67	46 (1) Oversee and maintain the data system.
68	68	47 (2) Develop de-identification processes.
69	69	48 (3) Regularly audit and ensure compliance with the Family Education Rights and Privacy
70	70	49Act, 20 U.S.C. § 1232g, the Federal Privacy Act, 5 U.S.C. § 552a, the Fair Information Practices
71	71	50Act, M.G.L. c. 66A, the state unemployment insurance statute, M.G.L. c. 151A, § 46, the
72	72	51security breach statute, M.G.L. c 93H, the workforce development statute, M.G.L c. 23H § 6(b),
73	73	52and all other state and federal data privacy laws without limitation. 4 of 10
74	74	53 (4) Work with public agencies to define statewide education, workforce development,
75	75	54and employment metrics and ensure the integrity and quality of data collected.
76	76	55 (5) Produce standard reports and build and maintain data query tools, reducing
77	77	56duplication of effort for agency staff and providing the public with one location to access
78	78	57education and workforce data.
79	79	58 (6) Facilitate research requests, ensuring that research complies with all state and federal
80	80	59law related to individual privacy, including by building and maintaining a secure data enclave.
81	81	60 (e) Pursuant to 20 U.S.C. § 1232g, the center shall be considered an authorized
82	82	61representative of the department of elementary and secondary education, the department of
83	83	62higher education, and the department of unemployment assistance under applicable state and
84	84	63federal statutes for purposes of accessing and compiling student record and wage data for
85	85	64research purposes. Any disclosures of confidential unemployment compensation information to
86	86	65the center for purposes of populating the data system shall adhere to the requirements of 20
87	87	66C.F.R. Part 603 and state law concerning the confidentiality of the information.
88	88	67 Section 3. Massachusetts Education-to-Career Data System
89	89	68 (a) There is hereby established the Massachusetts Education-to-Career Data System for
90	90	69the purpose of providing reliable and actionable information on education and workforce
91	91	70outcomes. Information contained in the data system shall be used to:
92	92	71 (1) address disparities in educational and workforce outcomes;
93	93	72 (2) support student guidance and informed student and family decision-making; 5 of 10
94	94	73 (3) foster continuous improvement and accountability for educational and workforce
95	95	74outcomes; and
96	96	75 (4) ensure efficient utilization of public and private resources devoted to furthering
97	97	76educational and workforce outcomes.
98	98	77 (b) The data system shall employ technologies to accomplish the following:
99	99	78 (1) enable the ongoing creation, management, and monitoring of longitudinal data sets in
100	100	79a manner that protects individual privacy;
101	101	80 (2) facilitate utilization of longitudinal data sets and reduce the administrative burden on
102	102	81public agency staff responsible for producing reports and fulfilling data requests in a timely
103	103	82manner, including by providing a public platform for querying the data and building custom
104	104	83reports;
105	105	84 (3) provide access to actionable data for use by students, families, counselors, educators,
106	106	85and workforce development providers; and
107	107	86 (4) enable academic, nonprofit and governmental research to enhance the development of
108	108	87policies focused on educational and workforce outcomes.
109	109	88 (c) At least once per year, the following public agencies shall provide data to the data
110	110	89system:
111	111	90 (1) department of early education and care;
112	112	91 (2) department of elementary and secondary education;
113	113	92 (3) department of higher education; 6 of 10
114	114	93 (4) department of unemployment assistance; and
115	115	94 (5) Any other public agencies that the executive director, subject to the review of the
116	116	95board, identifies as appropriate for ongoing incorporation into the data system.
117	117	96 (d) The executive director may incorporate additional data elements from any public
118	118	97agency or private entity into the data system.
119	119	98 (e) Ownership of data provided to the data system shall be retained by the providing
120	120	99entity.
121	121	100 (f) At all times, the data system shall act in furtherance of the public good and shall be
122	122	101held accountable thereto.
123	123	102 Section 4. Board of the Massachusetts Education-to-Career Data Center
124	124	103 (a) The Massachusetts Education-to-Career Data Center shall be governed by a 15-
125	125	104member board composed of the secretary of information technology services and security or
126	126	105their designee, who shall serve as chair; the secretary of education or their designee; the secretary
127	127	106of labor and workforce development or their designee; the secretary of health and human
128	128	107services or their designee; the commissioner of early education and care or their designee; the
129	129	108commissioner of elementary and secondary education or their designee; the commissioner of
130	130	109higher education or their designee; the director of the department of unemployment assistance or
131	131	110their designee; the undersecretary of housing and community development or their designee;
132	132	111three members of the public appointed by the speaker of the house; and three members of the
133	133	112public appointed by the senate president. 7 of 10
134	134	113 (b) In appointing members of the public to the board, the speaker and senate president
135	135	114shall strive to ensure that the governing board represents the racial and ethnic diversity of the
136	136	115commonwealth and includes persons with experience in data security, quantitative research and
137	137	116helping students and families consume education data. A member of the public shall serve a term
138	138	117of no more than three years and shall not serve more than two consecutive terms or more than six
139	139	118years. For the first appointments of members of the public, to create staggered terms, the speaker
140	140	119and senate president shall appoint one member of the public to serve a one-year term, one
141	141	120member of the public to serve a two-year term, and one member of the public to serve a three-
142	142	121year term.
143	143	122 (c) The governing board shall develop and revise, from time to time, a self-governance
144	144	123process to ensure that it, among other actions, convenes on a regular basis, but no less than
145	145	124quarterly; and posts and archives video recording of all board meetings on the center’s public
146	146	125website.
147	147	126 (d) The governing board shall be responsible for the strategic direction and
148	148	127implementation of the data system, including, but not limited to:
149	149	128 (1) ensuring the data system is serving its intended purpose by providing an annual report
150	150	129to the Governor and the legislature, including the number of research requests approved and
151	151	130denied, the number of unique visitors to online data access tools maintained by the center, an
152	152	131annual budget recommendation for the center, and legislative recommendations to adjust the data
153	153	132system’s mission or operation to improve educational and workforce outcomes; 8 of 10
154	154	133 (2) establishing a research agenda that balances strategic initiatives, research priorities for
155	155	134data providers, legislative requests, research-practice partnerships, and data requests from
156	156	135outside researchers and the public;
157	157	136 (3) adopting best practice policies related to privacy and security, including creating
158	158	137policies, in accordance with federal and state law and regulation, related to data de-identification
159	159	138as well as governing the collection and use of personally identifiable information from data
160	160	139providers, which may include the creation of an “opt out” policy for students and families;
161	161	140 (4) adopting and adjusting as necessary a data dictionary, data standards, and security
162	162	141protocols to ensure interoperability between the data system and other state data systems using
163	163	142the same source data;
164	164	143 (5) expanding the collected data set by approving additional data providers or requesting
165	165	144additional data points from data providers, consistent with all applicable laws; and
166	166	145 (6) creating, and revising from time to time, a data request process for use by researchers
167	167	146and policymakers, that:
168	168	147 (i) maintains compliance with federal and state laws to protect individual privacy,
169	169	148including by allowing any data provider to exclude its data elements from a request if the data
170	170	149provider determines that access to the data element conflicts with its statutory requirements to
171	171	150protect individual privacy; and giving data providers the opportunity to review and approve the
172	172	151public release of research products derived from their data elements to ensure that the research
173	173	152products conform with statutory requirements to protect individual privacy; and 9 of 10
174	174	153 (ii) facilitates the timely approval of data requests in the public interest, as defined
175	175	154pursuant to section 1, to generate information that is not otherwise available via public query
176	176	155tools or published reports; and
177	177	156 (iii) provides a clear and publicly accessible record of all data requests approved, denied,
178	178	157or withdrawn, including by issuing a clear written explanation for the determination when a
179	179	158request is denied.
180	180	159 Section 5. Strategic Initiatives
181	181	160 (a) The board may determine that a strategic initiative of the commonwealth merits
182	182	161enhanced data collection or evaluation, or both.
183	183	162 (b) At such time, the executive director shall appoint a special committee with two co-
184	184	163chairs. One co-chair shall be a member of the board that represents an agency involved in the
185	185	164strategic initiative or their designee. The second co-chair shall be an academic researcher who is
186	186	165not principally employed by the commonwealth. The special committee shall include at least five
187	187	166members, inclusive of the co-chairs. At least three of the members shall have expertise in
188	188	167statistical methods for program and policy evaluation.
189	189	168 (c) Over the life of the strategic initiative, the special committee shall recommend
190	190	169evaluation methods. To the extent that these methods require additional data elements, the
191	191	170executive director and board shall direct the agencies to prioritize the integration of these data
192	192	171elements into the data system.
193	193	172 Section 6. Research-Practice Partnerships 10 of 10
194	194	173 A municipality or group of municipalities of the commonwealth may create research-
195	195	174practice partnerships to improve their understanding of education and workforce outcomes at the
196	196	175local or regional level. The center shall support these efforts by developing policies and
197	197	176procedures to link local data to the data system, in compliance with all state and federal laws to
198	198	177protect individual privacy.
199	199	178 SECTION 2. This act shall take effect upon its passage.