Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S343 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2288 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 343
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Pavel M. Payano
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing an education-to-career data center.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Pavel M. PayanoFirst Essex 1 of 10
16	16	SENATE DOCKET, NO. 2288 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 343
18	18	By Mr. Payano, a petition (accompanied by bill, Senate, No. 343) of Pavel M. Payano for
19	19	legislation to establish an education-to-career data center. Education.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act establishing an education-to-career data center.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 7D the
29	29	2following chapter:-
30	30	3 Chapter 7E. Education-to-Career Data Center
31	31	4 Section 1. Definitions
32	32	5 As used in this chapter, the following words shall, unless the context clearly requires
33	33	6otherwise, have the following meanings:—
34	34	7 “Board”, the board of the Massachusetts Education-to-Career Data Center established
35	35	8pursuant to section 4.
36	36	9 “Center”, the Massachusetts Education-to-Career Data Center established pursuant to
37	37	10section 2.
38	38	11 “Data element”, a variable or field in an administrative database or record. 2 of 10
39	39	12 “Data provider”, the public agency that provides data elements to the data system.
40	40	13 “Data requests in the public interest”, requests for data that enable families, educators,
41	41	14public agencies, researchers and policymakers to make appropriate choices and investments or
42	42	15provide appropriate interventions to improve educational and workforce outcomes for all
43	43	16individuals.
44	44	17 “Data system”, the Massachusetts Education-to-Career Data System established pursuant
45	45	18to section 2.
46	46	19 “De-identification”, the removal of an individual’s name, address, employer, date of
47	47	20birth, social security number, driver’s license number and other personal information from a data
48	48	21record. Data shall be considered “de-identified” only if satisfying the standard for de-
49	49	22identification set forth in 45 CFR § 164.514(b)(1) or (2) and 34 CFR § 99.31(b)(1).
50	50	23 “Longitudinal data set”, a data set containing information on individuals from various
51	51	24public and private sources over multiple periods of time.
52	52	25 “Research-practice partnerships”, collaborative, long-term relationships between
53	53	26researchers and practitioners that are designed to increase educational or workforce outcomes.
54	54	27 “Secure data enclave”, a secure, remotely accessible environment to aggregate and
55	55	28analyze personal data, as set forth in M.G.L c. 66A, without transferring the underlying data.
56	56	29 “Strategic initiative”, a major initiative to increase educational or workforce outcomes
57	57	30that receives funding from the commonwealth over multiple years or entails substantial changes
58	58	31to policy or practice.
59	59	32 Section 2. The Massachusetts Education-to-Career Data Center 3 of 10
60	60	33 (a) The Massachusetts Education-to-Career Data Center is hereby established within the
61	61	34Executive Office of Technology Services and Security. The center’s purpose is to build and
62	62	35operate the Massachusetts Education-to-Career Data System pursuant to section 3.
63	63	36 (b) The center shall be headed by an executive director who shall report to the secretary
64	64	37of information technology services and security. In selecting the executive director, the secretary
65	65	38shall consult with the board. The executive director shall be the chief executive, administrative
66	66	39and operational officer of the center; shall direct and supervise the administrative affairs and the
67	67	40general management of the center and shall attend the meetings of the board. The executive
68	68	41director may appoint and remove such employees deemed necessary to perform the duties of the
69	69	42center.
70	70	43 (c) The center may receive funding for its operations from state appropriations, federal
71	71	44grants, and any other grants or contributions from public agencies or other entities.
72	72	45 (d) The duties of the center shall be to:
73	73	46 (1) Oversee and maintain the data system.
74	74	47 (2) Develop de-identification processes.
75	75	48 (3) Regularly audit and ensure compliance with the Family Education Rights and Privacy
76	76	49Act, 20 U.S.C. § 1232g, the Federal Privacy Act, 5 U.S.C. § 552a, the Fair Information Practices
77	77	50Act, M.G.L. c. 66A, the state unemployment insurance statute, M.G.L. c. 151A, § 46, the
78	78	51security breach statute, M.G.L. c 93H, the workforce development statute, M.G.L c. 23H § 6(b),
79	79	52and all other state and federal data privacy laws without limitation. 4 of 10
80	80	53 (4) Work with public agencies to define statewide education, workforce development,
81	81	54and employment metrics and ensure the integrity and quality of data collected.
82	82	55 (5) Produce standard reports and build and maintain data query tools, reducing
83	83	56duplication of effort for agency staff and providing the public with one location to access
84	84	57education and workforce data.
85	85	58 (6) Facilitate research requests, ensuring that research complies with all state and federal
86	86	59law related to individual privacy, including by building and maintaining a secure data enclave.
87	87	60 (e) Pursuant to 20 U.S.C. § 1232g, the center shall be considered an authorized
88	88	61representative of the state department of elementary and secondary education, the state
89	89	62department of higher education, and the state department of unemployment assistance under
90	90	63applicable state and federal statutes for purposes of accessing and compiling student record and
91	91	64wage data for research purposes.
92	92	65 Section 3. Massachusetts Education-to-Career Data System
93	93	66 (a) There is hereby established the Massachusetts Education-to-Career Data System for
94	94	67the purpose of providing reliable and actionable information on education and workforce
95	95	68outcomes. Information contained in the data system shall be used to:
96	96	69 (1) address disparities in educational and workforce outcomes;
97	97	70 (2) support student guidance and informed student and family decision-making;
98	98	71 (3) foster continuous improvement and accountability for educational and workforce
99	99	72outcomes; and 5 of 10
100	100	73 (4) ensure efficient utilization of public and private resources devoted to furthering
101	101	74educational and workforce outcomes.
102	102	75 (b) The data system shall employ technologies to accomplish the following:
103	103	76 (1) enable the ongoing creation, management, and monitoring of longitudinal data sets in
104	104	77a manner that protects individual privacy;
105	105	78 (2) facilitate utilization of longitudinal data sets and reduce the administrative burden on
106	106	79public agency staff responsible for producing reports and fulfilling data requests in a timely
107	107	80manner, including by providing a public platform for querying the data and building custom
108	108	81reports;
109	109	82 (3) provide access to actionable data for use by students, families, counselors, educators,
110	110	83and workforce development providers; and
111	111	84 (4) enable academic, nonprofit and governmental research to enhance the development of
112	112	85policies focused on educational and workforce outcomes.
113	113	86 (c) At least once per year, the following public agencies shall provide data to the data
114	114	87system:
115	115	88 (1) department of early education and care;
116	116	89 (2) department of elementary and secondary education;
117	117	90 (3) department of higher education;
118	118	91 (4) department of unemployment assistance; and 6 of 10
119	119	92 (5) Any other public agencies that the executive director, subject to the review of the
120	120	93board, identifies as appropriate for ongoing incorporation into the data system.
121	121	94 (d) The executive director may incorporate additional data elements from any public
122	122	95agency or private entity into the data system.
123	123	96 (e) Ownership of data provided to the data system shall be retained by the providing
124	124	97entity.
125	125	98 (f) At all times, the data system shall act in furtherance of the public good and shall be
126	126	99held accountable thereto.
127	127	100 Section 4. Board of the Massachusetts Education-to-Career Data Center
128	128	101 (a) The Massachusetts Education-to-Career Data Center shall be governed by a 15-
129	129	102member board composed of the secretary of information technology services and security or
130	130	103their designee, who shall serve as chair; the secretary of education or their designee; the secretary
131	131	104of labor and workforce development or their designee; the secretary of health and human
132	132	105services or their designee; the commissioner of early education and care or their designee; the
133	133	106commissioner of elementary and secondary education or their designee; the commissioner of
134	134	107higher education or their designee; the director of the department of unemployment assistance or
135	135	108their designee; the undersecretary of housing and community development or their designee;
136	136	109three members of the public appointed by the speaker of the house; and three members of the
137	137	110public appointed by the senate president.
138	138	111 (b) In appointing members of the public to the board, the speaker and senate president
139	139	112shall strive to ensure that the governing board represents the racial and ethnic diversity of the 7 of 10
140	140	113commonwealth and includes persons with experience in data security, quantitative research and
141	141	114helping students and families consume education data. A member of the public shall serve a term
142	142	115of no more than three years and shall not serve more than two consecutive terms or more than six
143	143	116years. For the first appointments of members of the public, to create staggered terms, the speaker
144	144	117and senate president shall appoint one member of the public to serve a one-year term, one
145	145	118member of the public to serve a two-year term, and one member of the public to serve a three-
146	146	119year term.
147	147	120 (c) The governing board shall develop and revise, from time to time, a self-governance
148	148	121process to ensure that it, among other actions, convenes on a regular basis, but no less than
149	149	122quarterly; and posts and archives video recording of all board meetings on the center’s public
150	150	123website.
151	151	124 (d) The governing board shall be responsible for the strategic direction and
152	152	125implementation of the data system, including, but not limited to:
153	153	126 (1) ensuring the data system is serving its intended purpose by providing an annual report
154	154	127to the Governor and the legislature, including the number of research requests approved and
155	155	128denied, the number of unique visitors to online data access tools maintained by the center, an
156	156	129annual budget recommendation for the center, and legislative recommendations to adjust the data
157	157	130system’s mission or operation to improve educational and workforce outcomes;
158	158	131 (2) establishing a research agenda that balances strategic initiatives, research priorities for
159	159	132data providers, legislative requests, research-practice partnerships, and data requests from
160	160	133outside researchers and the public; 8 of 10
161	161	134 (3) adopting best practice policies related to privacy and security, including creating
162	162	135policies, in accordance with federal and state law and regulation, related to data de-identification
163	163	136as well as governing the collection and use of personally identifiable information from data
164	164	137providers, which may include the creation of an “opt out” policy for students and families;
165	165	138 (4) adopting and adjusting as necessary a data dictionary, data standards, and security
166	166	139protocols to ensure interoperability between the data system and other state data systems using
167	167	140the same source data;
168	168	141 (5) expanding the collected data set by approving additional data providers or requesting
169	169	142additional data points from data providers, consistent with all applicable laws; and
170	170	143 (6) creating, and revising from time to time, a data request process for use by researchers
171	171	144and policymakers, that:
172	172	145 (i) maintains compliance with federal and state laws to protect individual privacy,
173	173	146including by allowing any data provider to exclude its data elements from a request if the data
174	174	147provider determines that access to the data element conflicts with its statutory requirements to
175	175	148protect individual privacy; and giving data providers the opportunity to review and approve the
176	176	149public release of research products derived from their data elements to ensure that the research
177	177	150products conform with statutory requirements to protect individual privacy; and
178	178	151 (ii) facilitates the timely approval of data requests in the public interest, as defined
179	179	152pursuant to section 1, to generate information that is not otherwise available via public query
180	180	153tools or published reports; and 9 of 10
181	181	154 (iii) provides a clear and publicly accessible record of all data requests approved, denied,
182	182	155or withdrawn, including by issuing a clear written explanation for the determination when a
183	183	156request is denied.
184	184	157 Section 5. Strategic Initiatives
185	185	158 (a) The board may determine that a strategic initiative of the commonwealth merits
186	186	159enhanced data collection or evaluation, or both.
187	187	160 (b) At such time, the executive director shall appoint a special committee with two co-
188	188	161chairs. One co-chair shall be a member of the board that represents an agency involved in the
189	189	162strategic initiative or their designee. The second co-chair shall be an academic researcher who is
190	190	163not principally employed by the commonwealth. The special committee shall include at least five
191	191	164members, inclusive of the co-chairs. At least three of the members shall have expertise in
192	192	165statistical methods for program and policy evaluation.
193	193	166 (c) Over the life of the strategic initiative, the special committee shall recommend
194	194	167evaluation methods. To the extent that these methods require additional data elements, the
195	195	168executive director and board shall direct said agencies to prioritize the integration of these data
196	196	169elements into the data system.
197	197	170 Section 6. Research-Practice Partnerships
198	198	171 A municipality or group of municipalities of the commonwealth may create research-
199	199	172practice partnerships to improve their understanding of education and workforce outcomes at the
200	200	173local or regional level. The center shall support these efforts by developing policies and 10 of 10
201	201	174procedures to link local data to the data system, in compliance with all state and federal laws to
202	202	175protect individual privacy.
203	203	176 SECTION 2. This act shall take effect upon its passage.