EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0127*
HOUSE BILL 127
E5, F5 2lr0396
(PRE–FILED) CF 2lr0397
By: Delegate Rosenberg
Requested: August 23, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary and Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Maryland Longitudinal Data System Center – Division of Correction – Data 2
Requirement 3
FOR the purpose of requiring the Division of Correction within the Department of Public 4
Safety and Correctional Services to exchange certain data with the Maryland 5
Longitudinal Data System Center; requiring the Division to establish the duration 6
of data retention; requiring certain data to be collected by the Center; requiring the 7
Center to conduct certain research; adding a member to the Center’s Governing 8
Board; and generally relating to the inclusion of Division of Correction data in the 9
Maryland Longitudinal Data System. 10
BY repealing and reenacting, with amendments, 11
Article – Correctional Services 12
Section 3–608 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Education 17
Section 24–701, 24–703(f), 24–704(b), and 24–707(a) 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Education 22
Section 24–703(a) and 24–704(a) 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2021 Supplement) 25
2 HOUSE BILL 127
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
3–608. 4
(a) (1) To increase efficiency in the treatment, management, and 5
rehabilitation of inmates confined in correctional facilities in the Division, the Division and 6
the Division of Parole and Probation shall exchange records and any other pertinent 7
information that relates to an inmate. 8
(2) TO TRACK INCARCERATIO N AND RECIDIVISM OUTCOMES FOR THE 9
STATE, THE DIVISION SHALL EXCHAN GE RECORDS AND ANY O THER PERTINENT 10
INFORMATION THAT REL ATES TO A CURRENT OR FORMER INMATE WITH T HE 11
MARYLAND LONGITUDINAL DATA SYSTEM CENTER ESTABLISHED UN DER TITLE 24, 12
SUBTITLE 7 OF THE EDUCATION ARTICLE. 13
(b) The Division and the Division of Parole and Probation shall establish the 14
procedures and methods for the exchange of records , THE DURATION OF DATA 15
RETENTION, and other information in subsection (a) of this section. 16
Article – Education 17
24–701. 18
(a) In this subtitle the following words have the meanings indicated. 19
(b) “Center” means the Maryland Longitudinal Data System Center. 20
(c) (1) “Child welfare data” means data relating to a child’s experience with 21
child protective services, family preservation services, and State–sponsored out–of–home 22
services. 23
(2) “Child welfare data” includes: 24
(i) Out–of–home placement data, including: 25
1. Supervising jurisdiction; 26
2. Removal reason; 27
3. Characteristics at the time of removal; 28
4. Return reason; 29
HOUSE BILL 127 3
5. Placement start and end dates; and 1
6. Placement type; 2
(ii) Family preservation services data, including: 3
1. Supervising jurisdiction; 4
2. Type of family preservation service; and 5
3. Service start and end dates; and 6
(iii) Child protective services data, including: 7
1. Responsible jurisdiction; 8
2. Type of child protective service response; 9
3. Date on which child protective services responded; 10
4. Alleged maltreatment type; 11
5. Disposition of an investigative response by child protective 12
services; and 13
6. Date on which child protective services completes a 14
response. 15
(D) “CORRECTIONAL SERVICES DATA” MEANS ARREST AND 16
INCARCERATION DATA O F THE DIVISION OF CORRECTION WITHIN THE 17
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES. 18
[(d)] (E) “De–identified data” means a data set in which parent and student 19
identity information, including the State Assigned Student Identifier and student Social 20
Security number, has been removed. 21
[(e)] (F) “Governing Board” means the Governing Board of the Maryland 22
Longitudinal Data System Center. 23
[(f)] (G) (1) “Industry certificate” means a certificate or license awarded by 24
an industry certifier that prepares an individual to work in a career field. 25
(2) “Industry certificate” does not include a business license or vocational 26
certificate. 27
4 HOUSE BILL 127
[(g)] (H) “Industry certifier” means a nationally recognized, third–party entity 1
using predetermined standards for knowledge and skills that prepare an individual to work 2
in a career field. 3
[(h)] (I) “License” means an occupational or professional license issued to an 4
individual under the Business Occupations and Professions Article, the Business 5
Regulation Article, or the Health Occupations Article. 6
[(i)] (J) “Licensing authority” means a State entity that issues a license to an 7
individual. 8
[(j)] (K) (1) “Personally identifiable information” means data that can be 9
used to identify a particular individual and match that individual’s student or workforce 10
record across different data sources. 11
(2) “Personally identifiable information” includes: 12
(i) Name; 13
(ii) Date of birth; and 14
(iii) Social Security number, SASID, or other government–assigned 15
identification number. 16
[(k)] (L) “State Assigned Student Identifier” or “SASID” means the identifier 17
assigned to each student by: 18
(1) A local education agency based on the identifier system developed by 19
the State Department of Education; or 20
(2) An institution of higher education, if the student has not been assigned 21
an identifier by a local education agency. 22
[(l)] (M) (1) “Student data” means data relating to or impacting student 23
performance. 24
(2) “Student data” includes: 25
(i) State and national assessments; 26
(ii) Course–taking and completion; 27
(iii) Grade point average; 28
(iv) Remediation; 29
HOUSE BILL 127 5
(v) Retention; 1
(vi) Degree, diploma, or credential attainment; 2
(vii) Enrollment; 3
(viii) Demographic data; 4
(ix) Juvenile delinquency records; 5
(x) Elementary and secondary school disciplinary records; 6
(xi) Child welfare data; 7
(xii) License, industry certificate, or vocational certificate; [and] 8
(xiii) Personally identifiable information; AND 9
(XIV) CORRECTIONAL SERVICES DATA. 10
(3) “Student data” does not include: 11
(i) [Criminal and] CINA records; and 12
(ii) Medical and health records. 13
[(m)] (N) “Vocational certificate” means a certificate or license awarded by an 14
institution of postsecondary education approved to operate under § 11–202 of this article 15
on completion of a course of study, including credit–bearing and noncredit courses, that 16
prepares an individual to work in a career field. 17
[(n)] (O) “Workforce data” means data about employees relating to: 18
(1) Employment status; 19
(2) Wage information; 20
(3) Geographic location of employment; 21
(4) Employer information; and 22
(5) Personally identifiable information. 23
24–703. 24
(a) There is a Maryland Longitudinal Data System Center. 25 6 HOUSE BILL 127
(f) The Center shall perform the following functions and duties: 1
(1) Serve as a central repository of student data [and], workforce data, 2
AND CORRECTIONAL SER VICES DATA in the Maryland Longitudinal Data System, 3
including data sets provided by: 4
(i) The State Department of Education; 5
(ii) Local education agencies; 6
(iii) The Maryland Higher Education Commission; 7
(iv) Institutions of higher education; 8
(v) The Maryland Department of Labor; 9
(vi) The Department of Juvenile Services; [and] 10
(vii) The Social Services Administration within the Department of 11
Human Services; AND 12
(VIII) THE DIVISION OF CORRECTION WITHIN THE DEPARTMENT 13
OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; 14
(2) Oversee and maintain the warehouse of the Maryland Longitudinal 15
Data System data sets; 16
(3) Ensure routine and ongoing compliance with the federal Family 17
Educational Rights and Privacy Act and other relevant privacy laws and policies, including: 18
(i) The required use of de–identified data in data research and 19
reporting; 20
(ii) The required disposition of information that is no longer needed; 21
(iii) Providing data security, including the capacity for audit trails; 22
(iv) Providing for performance of regular audits for compliance with 23
data privacy and security standards; and 24
(v) Implementing guidelines and policies that prevent the reporting 25
of other potentially identifying data; 26
(4) Conduct research using timely and accurate student data [and], 27
workforce data, AND CORRECTIONAL SERVICE S DATA to improve the State’s education 28 HOUSE BILL 127 7
system and guide decision making by State and local governments, educational agencies, 1
institutions, teachers, and other education professionals; 2
(5) Conduct research relating to: 3
(i) The impact of State and federal education programs; 4
(ii) The performance of educator preparation programs; 5
(iii) Best practices regarding classroom instruction, education 6
programs and curriculum, and segment alignment; [and] 7
(iv) The impact child welfare programs have on the educational and 8
economic outcomes of students; AND 9
(V) CORRECTIONAL SERVICES DATA, EXPRESSED IN NUMBERS 10
AND PERCENTAGES , INCLUDING A CURRENT OR FORMER INMATE’S: 11
1. PARTICIPATION IN A PR ISON–BASED EDUCATION OR 12
TRAINING PROGRAM OF THE MARYLAND DEPARTMENT OF LABOR; 13
2. PARTICIPATION IN A WO RK RELEASE OR OTHER 14
TRANSITION PROGRAM O F THE MARYLAND DEPARTMENT OF LABOR; 15
3. AGE, RACE, GENDER, TYPE OF OFFENSE , SENTENCE 16
LENGTH, AND TYPE OF RELEASE ; AND 17
4. RATE OF RECIDIVISM, INCLUDING AN INMATE ’S 18
REASON FOR INCARCERA TION; 19
(6) At the direction of the Accountability and Implementation Board 20
established in Title 5, Subtitle 4 of this article provide: 21
(i) A researcher designated by the Board access to the data in the 22
Maryland Longitudinal Data System in accordance with the procedures for staff 23
authorization and data access established by the Maryland Longitudinal Data System 24
governing board; 25
(ii) Aggregate data tables; or 26
(iii) Research or evaluation; 27
(7) Analyze social determinants from the following State agencies and 28
appropriate local agencies that impact the education performance of students and indicate 29
the need for wraparound services of students: 30
8 HOUSE BILL 127
(i) The Maryland Department of Health; 1
(ii) The Department of Juvenile Services; [and] 2
(iii) The Department of Human Services; 3
(IV) THE MARYLAND DEPARTMENT OF LABOR; AND 4
(V) THE DIVISION OF CORRECTION WITHIN THE DEPARTMENT 5
OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; 6
(8) To the extent practicable, conduct longitudinal studies of the items 7
under this section to evaluate the impact of The Blueprint for Maryland’s Future on the 8
State; 9
(9) Fulfill information and data requests to facilitate State and federal 10
education reporting with existing State agencies as appropriate; and 11
(10) Fulfill approved public information requests. 12
24–704. 13
(a) There is a Governing Board of the Center. 14
(b) The Governing Board shall include the following members: 15
(1) The Secretary of Higher Education, or the Secretary’s designee; 16
(2) The Chancellor of the University System of Maryland, or the 17
Chancellor’s designee; 18
(3) The President of Morgan State University, or the President’s designee; 19
(4) The State Superintendent of Schools, or the Superintendent’s designee; 20
(5) The Secretary of Juvenile Services, or the Secretary’s designee; 21
(6) The Secretary of Labor, or the Secretary’s designee; 22
(7) The Secretary of Human Services, or the Secretary’s designee; 23
(8) THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL 24
SERVICES, OR THE SECRETARY’S DESIGNEE; 25
(9) A representative of local superintendents of schools, appointed by the 26
Governor with the advice and consent of the Senate; 27 HOUSE BILL 127 9
[(9)] (10) A representative of the executive directors of the health 1
occupations boards, appointed by the Governor with the advice and consent of the Senate; 2
[(10)] (11) The Executive Director of the Maryland Association of 3
Community Colleges, or the Executive Director’s designee; 4
[(11)] (12) The President of the Maryland Independent College and 5
University Association, or the President’s designee; and 6
[(12)] (13) Four members of the public, appointed by the Governor with the 7
advice and consent of the Senate. 8
24–707. 9
(a) Local education agencies, community colleges, public senior higher education 10
institutions, the Department of Human Services, and other State agencies shall: 11
(1) Make every effort to comply with the data requirements and 12
implementation schedule for the Maryland Longitudinal Data System as set forth by the 13
Governing Board; and 14
(2) Transfer student data [and], workforce data, AND CORRECTIONAL 15
SERVICES DATA to the Maryland Longitudinal Data System in accordance with the data 16
security and safeguarding plan developed under § 24–704(g)(6) of this subtitle. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2022. 19