Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2666 Compare Versions

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1	1	SENATE . . . . . . . . . . . . . . No. 2666
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, April 1, 2024.
8	8	The committee on Education, to whom was referred the petitions (accompanied by bill,
9	9	Senate, No. 343) of Pavel M. Payano for legislation to establish an education-to-career data
10	10	center, report the accompanying bill (Senate, No. 2666).
11	11	For the committee,
12	12	Jason M. Lewis 1 of 10
13	13	FILED ON: 2/7/2024
14	14	SENATE . . . . . . . . . . . . . . No. 2666
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	An Act establishing an education-to-career data center.
21	21	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
22	22	of the same, as follows:
23	23	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 7D the
24	24	2following chapter:-
25	25	3 Chapter 7E. Education-to-Career Data Center
26	26	4 Section 1. Definitions
27	27	5 As used in this chapter, the following words shall, unless the context clearly requires
28	28	6otherwise, have the following meanings:—
29	29	7 “Board”, the board of the Massachusetts Education-to-Career Data Center established
30	30	8pursuant to section 4.
31	31	9 “Center”, the Massachusetts Education-to-Career Data Center established pursuant to
32	32	10section 2.
33	33	11 “Data element”, a variable or field in an administrative database or record. 2 of 10
34	34	12 “Data provider”, the public agency that provides data elements to the data system.
35	35	13 “Data requests in the public interest”, requests for data that enable families, educators,
36	36	14public agencies, researchers and policymakers to make appropriate choices and investments or
37	37	15provide appropriate interventions to improve educational and workforce outcomes for all
38	38	16individuals.
39	39	17 “Data system”, the Massachusetts Education-to-Career Data System established pursuant
40	40	18to section 2.
41	41	19 “De-identification”, the removal of an individual’s name, address, employer, date of
42	42	20birth, social security number, driver’s license number and other personal information from a data
43	43	21record. Data shall be considered “de-identified” only if satisfying the standard for de-
44	44	22identification set forth in 45 CFR § 164.514(b)(1) or (2) and 34 CFR § 99.31(b)(1).
45	45	23 "Longitudinal data set”, a data set containing information on individuals from various
46	46	24public and private sources over multiple periods of time.
47	47	25 “Research-practice partnerships”, collaborative, long-term relationships between
48	48	26researchers and practitioners that are designed to increase educational or workforce outcomes.
49	49	27 “Secure data enclave”, a secure, remotely accessible environment to aggregate and
50	50	28analyze personal data, as set forth in M.G.L c. 66A, without transferring the underlying data.
51	51	29 "Strategic initiative”, a major initiative to increase educational or workforce outcomes
52	52	30that receives funding from the commonwealth over multiple years or entails substantial changes
53	53	31to policy or practice.
54	54	32 Section 2. The Massachusetts Education-to-Career Data Center 3 of 10
55	55	33 (a) The Massachusetts Education-to-Career Data Center is hereby established within the
56	56	34Executive Office of Technology Services and Security. The center’s purpose is to build and
57	57	35operate the Massachusetts Education-to-Career Data System pursuant to section 3.
58	58	36 (b) The center shall be headed by an executive director who shall report to the secretary
59	59	37of information technology services and security. In selecting the executive director, the secretary
60	60	38shall consult with the board. The executive director shall be the chief executive, administrative
61	61	39and operational officer of the center; shall direct and supervise the administrative affairs and the
62	62	40general management of the center and shall attend the meetings of the board. The executive
63	63	41director may appoint and remove such employees deemed necessary to perform the duties of the
64	64	42center.
65	65	43 (c) The center may receive funding for its operations from state appropriations, federal
66	66	44grants, and any other grants or contributions from public agencies or other entities.
67	67	45 (d) The duties of the center shall be to:
68	68	46 (1) Oversee and maintain the data system.
69	69	47 (2) Develop de-identification processes.
70	70	48 (3) Regularly audit and ensure compliance with the Family Education Rights and Privacy
71	71	49Act, 20 U.S.C. § 1232g, the Federal Privacy Act, 5 U.S.C. § 552a, the Fair Information Practices
72	72	50Act, M.G.L. c. 66A, the state unemployment insurance statute, M.G.L. c. 151A, § 46, the
73	73	51security breach statute, M.G.L. c 93H, the workforce development statute, M.G.L c. 23H § 6(b),
74	74	52and all other state and federal data privacy laws without limitation. 4 of 10
75	75	53 (4) Work with public agencies to define statewide education, workforce development,
76	76	54and employment metrics and ensure the integrity and quality of data collected.
77	77	55 (5) Produce standard reports and build and maintain data query tools, reducing
78	78	56duplication of effort for agency staff and providing the public with one location to access
79	79	57education and workforce data.
80	80	58 (6) Facilitate research requests, ensuring that research complies with all state and federal
81	81	59law related to individual privacy, including by building and maintaining a secure data enclave.
82	82	60 (e) Pursuant to 20 U.S.C. § 1232g, the center shall be considered an authorized
83	83	61representative of the department of elementary and secondary education, the department of
84	84	62higher education, and the department of unemployment assistance under applicable state and
85	85	63federal statutes for purposes of accessing and compiling student record and wage data for
86	86	64research purposes. Any disclosures of confidential unemployment compensation information to
87	87	65the center for purposes of populating the data system shall adhere to the requirements of 20
88	88	66C.F.R. Part 603 and state law concerning the confidentiality of the information.
89	89	67 Section 3. Massachusetts Education-to-Career Data System
90	90	68 (a) There is hereby established the Massachusetts Education-to-Career Data System for
91	91	69the purpose of providing reliable and actionable information on education and workforce
92	92	70outcomes. Information contained in the data system shall be used to:
93	93	71 (1) address disparities in educational and workforce outcomes;
94	94	72 (2) support student guidance and informed student and family decision-making; 5 of 10
95	95	73 (3) foster continuous improvement and accountability for educational and workforce
96	96	74outcomes; and
97	97	75 (4) ensure efficient utilization of public and private resources devoted to furthering
98	98	76educational and workforce outcomes.
99	99	77 (b) The data system shall employ technologies to accomplish the following:
100	100	78 (1) enable the ongoing creation, management, and monitoring of longitudinal data sets in
101	101	79a manner that protects individual privacy;
102	102	80 (2) facilitate utilization of longitudinal data sets and reduce the administrative burden on
103	103	81public agency staff responsible for producing reports and fulfilling data requests in a timely
104	104	82manner, including by providing a public platform for querying the data and building custom
105	105	83reports;
106	106	84 (3) provide access to actionable data for use by students, families, counselors, educators,
107	107	85and workforce development providers; and
108	108	86 (4) enable academic, nonprofit and governmental research to enhance the development of
109	109	87policies focused on educational and workforce outcomes.
110	110	88 (c) At least once per year, the following public agencies shall provide data to the data
111	111	89system:
112	112	90 (1) department of early education and care;
113	113	91 (2) department of elementary and secondary education;
114	114	92 (3) department of higher education; 6 of 10
115	115	93 (4) department of unemployment assistance; and
116	116	94 (5) Any other public agencies that the executive director, subject to the review of the
117	117	95board, identifies as appropriate for ongoing incorporation into the data system.
118	118	96 (d) The executive director may incorporate additional data elements from any public
119	119	97agency or private entity into the data system.
120	120	98 (e) Ownership of data provided to the data system shall be retained by the providing
121	121	99entity.
122	122	100 (f) At all times, the data system shall act in furtherance of the public good and shall be
123	123	101held accountable thereto.
124	124	102 Section 4. Board of the Massachusetts Education-to-Career Data Center
125	125	103 (a) The Massachusetts Education-to-Career Data Center shall be governed by a 15-
126	126	104member board composed of the secretary of information technology services and security or
127	127	105their designee, who shall serve as chair; the secretary of education or their designee; the secretary
128	128	106of labor and workforce development or their designee; the secretary of health and human
129	129	107services or their designee; the commissioner of early education and care or their designee; the
130	130	108commissioner of elementary and secondary education or their designee; the commissioner of
131	131	109higher education or their designee; the director of the department of unemployment assistance or
132	132	110their designee; the undersecretary of housing and community development or their designee;
133	133	111three members of the public appointed by the speaker of the house; and three members of the
134	134	112public appointed by the senate president. 7 of 10
135	135	113 (b) In appointing members of the public to the board, the speaker and senate president
136	136	114shall strive to ensure that the governing board represents the racial and ethnic diversity of the
137	137	115commonwealth and includes persons with experience in data security, quantitative research and
138	138	116helping students and families consume education data. A member of the public shall serve a term
139	139	117of no more than three years and shall not serve more than two consecutive terms or more than six
140	140	118years. For the first appointments of members of the public, to create staggered terms, the speaker
141	141	119and senate president shall appoint one member of the public to serve a one-year term, one
142	142	120member of the public to serve a two-year term, and one member of the public to serve a three-
143	143	121year term.
144	144	122 (c) The governing board shall develop and revise, from time to time, a self-governance
145	145	123process to ensure that it, among other actions, convenes on a regular basis, but no less than
146	146	124quarterly; and posts and archives video recording of all board meetings on the center’s public
147	147	125website.
148	148	126 (d) The governing board shall be responsible for the strategic direction and
149	149	127implementation of the data system, including, but not limited to:
150	150	128 (1) ensuring the data system is serving its intended purpose by providing an annual report
151	151	129to the Governor and the legislature, including the number of research requests approved and
152	152	130denied, the number of unique visitors to online data access tools maintained by the center, an
153	153	131annual budget recommendation for the center, and legislative recommendations to adjust the data
154	154	132system’s mission or operation to improve educational and workforce outcomes; 8 of 10
155	155	133 (2) establishing a research agenda that balances strategic initiatives, research priorities for
156	156	134data providers, legislative requests, research-practice partnerships, and data requests from
157	157	135outside researchers and the public;
158	158	136 (3) adopting best practice policies related to privacy and security, including creating
159	159	137policies, in accordance with federal and state law and regulation, related to data de-identification
160	160	138as well as governing the collection and use of personally identifiable information from data
161	161	139providers, which may include the creation of an “opt out” policy for students and families;
162	162	140 (4) adopting and adjusting as necessary a data dictionary, data standards, and security
163	163	141protocols to ensure interoperability between the data system and other state data systems using
164	164	142the same source data;
165	165	143 (5) expanding the collected data set by approving additional data providers or requesting
166	166	144additional data points from data providers, consistent with all applicable laws; and
167	167	145 (6) creating, and revising from time to time, a data request process for use by researchers
168	168	146and policymakers, that:
169	169	147 (i) maintains compliance with federal and state laws to protect individual privacy,
170	170	148including by allowing any data provider to exclude its data elements from a request if the data
171	171	149provider determines that access to the data element conflicts with its statutory requirements to
172	172	150protect individual privacy; and giving data providers the opportunity to review and approve the
173	173	151public release of research products derived from their data elements to ensure that the research
174	174	152products conform with statutory requirements to protect individual privacy; and 9 of 10
175	175	153 (ii) facilitates the timely approval of data requests in the public interest, as defined
176	176	154pursuant to section 1, to generate information that is not otherwise available via public query
177	177	155tools or published reports; and
178	178	156 (iii) provides a clear and publicly accessible record of all data requests approved, denied,
179	179	157or withdrawn, including by issuing a clear written explanation for the determination when a
180	180	158request is denied.
181	181	159 Section 5. Strategic Initiatives
182	182	160 (a) The board may determine that a strategic initiative of the commonwealth merits
183	183	161enhanced data collection or evaluation, or both.
184	184	162 (b) At such time, the executive director shall appoint a special committee with two co-
185	185	163chairs. One co-chair shall be a member of the board that represents an agency involved in the
186	186	164strategic initiative or their designee. The second co-chair shall be an academic researcher who is
187	187	165not principally employed by the commonwealth. The special committee shall include at least five
188	188	166members, inclusive of the co-chairs. At least three of the members shall have expertise in
189	189	167statistical methods for program and policy evaluation.
190	190	168 (c) Over the life of the strategic initiative, the special committee shall recommend
191	191	169evaluation methods. To the extent that these methods require additional data elements, the
192	192	170executive director and board shall direct the agencies to prioritize the integration of these data
193	193	171elements into the data system.
194	194	172 Section 6. Research-Practice Partnerships 10 of 10
195	195	173 A municipality or group of municipalities of the commonwealth may create research-
196	196	174practice partnerships to improve their understanding of education and workforce outcomes at the
197	197	175local or regional level. The center shall support these efforts by developing policies and
198	198	176procedures to link local data to the data system, in compliance with all state and federal laws to
199	199	177protect individual privacy.
200	200	178 SECTION 2. This act shall take effect upon its passage.