EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0979*
SENATE BILL 979
F1, F5 4lr2138
CF 4lr2139
By: Senator Hester
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Education – Artificial Intelligence – Guidelines and Pilot Program 2
FOR the purpose of requiring the State Department of Education, in consultation with the 3
AI Subcabinet of the Governor’s Executive Council, to develop and update certain 4
guidelines, standards, and best practices on artificial intelligence for county boards 5
of education and to develop a pilot program to support the AI Subcabinet of the 6
Governor’s Executive Council; requiring the State Department of Education to 7
develop certain strategies to coordinate and assist county boards to implement 8
certain artificial intelligence best practices, provide certain recommendations for 9
integrating artificial intelligence into certain college and career readiness standards, 10
and adopt certain policies and procedures regarding certain systems that employ 11
artificial intelligence; and generally relating to artificial intelligence in primary and 12
secondary education. 13
BY adding to 14
Article – Education 15
Section 7–2201 through 7–2203 to be under the new subtitle “Subtitle 22. Artificial 16
Intelligence in Education” 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
SUBTITLE 22. ARTIFICIAL INTELLIGENCE IN EDUCATION. 23
7–2201. 24
2 SENATE BILL 979
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “ARTIFICIAL INTELLIGEN CE” MEANS A MACHINE–BASED SYSTEM THAT : 3
(1) CAN, FOR A GIVEN SET OF H UMAN–DEFINED OBJECTIVES , MAKE 4
PREDICTIONS, RECOMMENDATIONS , OR DECISIONS INFLUEN CING REAL OR VIRTUAL 5
ENVIRONMENTS ; 6
(2) USES MACHINE AND HUMA N–BASED INPUTS TO PERC EIVE REAL 7
AND VIRTUAL ENVIRONM ENTS AND THAT ABSTRACTS THESE PERCEPTIONS INTO 8
MODELS THROUGH ANALY SIS IN AN AUTOMATED MANNER; AND 9
(3) USES MODEL INFERENCE TO FORMULATE OPTIONS FOR 10
INFORMATION OR ACTIO N. 11
(C) “COUNTY BOARD ” MEANS THE BOARD OF E DUCATION OF A COUNTY AND 12
INCLUDES THE BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS . 13
(D) “COUNTY SUPERINTENDENT ” MEANS THE COUNTY SUP ERINTENDENT 14
OF SCHOOLS OF A COUN TY AND INCLUDES THE CHIEF EXECUTIVE OFFICER OF THE 15
BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS . 16
(E) “CTE COMMITTEE” MEANS THE CAREER AND TECHNICAL EDUCATION 17
COMMITTEE ESTABLISHED UNDER § 21–209 OF THIS ARTICLE. 18
(F) “ELEMENTARY AND SECOND ARY EDUCATION ” MEANS EDUCATION AND 19
PROGRAMS OF EDUCATIO N FROM AND INCLUDING PRESCHOOL THROUGH TH E END 20
OF HIGH SCHOOL AND THEIR EQUIVALENT . 21
(G) “IMPACT ASSESSMENT ” MEANS A DOCUMENTED RISK –BASED 22
EVALUATION OF A SYST EM THAT EMPLOYS ARTI FICIAL INTELLIGENCE . 23
(H) (1) “PERSONAL INFORMATION ” MEANS INFORMATION THAT 24
IDENTIFIES, RELATES TO , DESCRIBES, IS REASONABLY CAPABL E OF BEING 25
ASSOCIATED WITH , OR COULD REASONABLY BE LINKED, DIRECTLY OR INDIRECT LY, 26
WITH A PARTICULAR CO NSUMER OR DEVI CE USED BY THE CONSUM ER. 27
(2) “PERSONAL INFORMATION ” INCLUDES: 28
(I) UNIQUE IDENTIFIERS ; 29
SENATE BILL 979 3
(II) CHARACTERISTICS OF PR OTECTED CLASSIFICATIONS 1
UNDER STATE OR FEDERAL LAW ; 2
(III) COMMERCIAL INFORMATIO N, INCLUDING: 3
1. RECORDS OF PERSONAL P ROPERTY; 4
2. PRODUCTS OR SERVICES PURCHASED , OBTAINED, OR 5
CONSIDERED BY A CONS UMER; AND 6
3. OTHER PURCHASING OR C ONSUMING HISTORI ES OR 7
TENDENCIES OF A CONS UMER; 8
(IV) BIOMETRIC DATA ; 9
(V) INTERNET OR OTHER ELE CTRONIC NETWORK ACTI VITY 10
INFORMATION , INCLUDING BROWSING H ISTORY, SEARCH HISTORY , AND 11
INFORMATION REGARDIN G A CONSUMER ’S INTERACTION WITH A WEBSITE, AN 12
APPLICATION, OR AN ADVERTISEMENT ; 13
(VI) GEOLOCATION DATA ; AND 14
(VII) INFERENCES DRAWN FROM ANY OF THE INFORMATI ON 15
IDENTIFIED IN THIS S UBSECTION TO CREATE A PROFILE ABOUT A CO NSUMER 16
REFLECTING THE CONSU MER’S PREFERENCES , CHARACTERISTICS , 17
PSYCHOLOGICAL TRENDS , PREDISPOSITIONS, OR BEHAVIOR. 18
(I) “UNIQUE IDENTIFIER ” MEANS A PERSISTENT I DENTIFIER THAT CAN B E 19
USED TO RECOGNIZE A CONSUMER OR A DEVI CE THAT IS LINKED TO A CONSUMER 20
OR HOUSEHOLD , OVER TIME AND ACROSS DIFFERENT TECHNOLOGI ES, INCLUDING: 21
(1) A DEVICE IDENTIFIER; 22
(2) AN INTERNET PROTOCOL ADDRESS ; 23
(3) A COOKIE, BEACON, PIXEL, TAG, MOBILE AD IDENTIFIER , OR 24
SIMILAR TECHNOLOGY ; 25
(4) A CONSUMER NUMBER , UNIQUE PSEUDONYM , OR USER ALIAS; OR 26
(5) A TELEPHONE NUMBER OR ANY OTHER FORM OF PE RSISTENT 27
IDENTIFIER THAT CAN BE US ED TO IDENTIFY A PAR TICULAR DEVI CE USED BY THE 28
CONSUMER . 29 4 SENATE BILL 979
7–2202. 1
(A) THE DEPARTMENT , IN CONSULTATION WITH THE AI SUBCABINET OF 2
THE GOVERNOR’S EXECUTIVE COUNCIL, SHALL DEVELOP AND UP DATE 3
GUIDELINES, STANDARDS, AND BEST PRACTICES FOR C OUNTY BOARDS , IN 4
ACCORDANCE WITH THE FUTURE OF TEACHING AND LEARNING REPORT OF THE 5
U.S. DEPARTMENT OF EDUCATION, TO: 6
(1) IMPLEMENT AND PROMOTE THE SAFE , RESPONSIBLE , AND 7
ETHICAL USE OF ARTIF ICIAL INTELLIGENCE THAT: 8
(I) EMPHASIZES STUDENTS AND TEACHER S AT THE CENTER OF 9
EDUCATIONAL TECHNOLO GY; AND 10
(II) PRIORITIZES THE EDUCA TIONAL NEEDS OF STUD ENTS 11
USING EVIDENCE –BASED APPROACH ES AND METHODOLOGIES ; AND 12
(2) IMPLEMENT THE BEST PR ACTICES FOR PROFESSI ONAL 13
DEVELOPMENT ON ARTIFICIAL INTELLIGE NCE POLICIES AND PRO CEDURES. 14
(B) THE DEPARTMENT SHALL DEVE LOP STRATEGIES TO CO ORDINATE AND 15
ASSIST COUNTY BOARDS AND CO UNTY SUPERINTENDENTS TO IMPLEMENT BEST 16
PRACTICES DEVELOPED UNDER THIS SECTION . 17
(C) EACH COUNTY BOARD SHALL D ESIGNATE AN EMPLOYEE TO FACILITATE 18
THE PRODUCTIVE AND E THICAL USE OF SYSTEM S OF ARTIFICIAL INTE LLIGENCE IN 19
ELEMENTARY AND SECON DARY EDUCATION . 20
(D) THE DEPARTMENT SHALL COORDINATE WITH THE CTE COMMITTEE 21
AND THE CTE SKILLS STANDARDS ADVISORY COMMITTEE TO PROVIDE 22
RECOMMENDATIONS FOR INTEGRATING ARTIFICI AL INTELLIGENCE INTO THE 23
COLLEGE AND CAREER R EADINESS STANDARD S ESTABLISHED BY THE STATE 24
BOARD UNDER § 7–205.1 OF THIS TITLE. 25
7–2203. 26
(A) THE DEPARTMENT SHALL ADOP T POLICIES AND PROCE DURES 27
REGARDING THE DEVELOPMENT , PROCUREMENT , IMPLEMENTATION , UTILIZATION, 28
AND ONGOING ASSESSME NT OF SYSTEMS THAT E MPLOY ARTIFICIAL INT ELLIGENCE 29
BY A COUNTY BOARD . 30
(B) THE POLICIES AND PROC EDURES REQUIRED BY T HIS SECTION SHALL : 31 SENATE BILL 979 5
(1) SUBJECT TO ANY OTHER APPLICABLE LAW , GOVERN THE 1
DEVELOPMENT , PROCUREMENT , IMPLEMENTATION , UTILIZATION, AND ONGOING 2
ASSESSMENT OF SYSTEM S THAT EMPLOY ARTIFI CIAL INTELLIGENCE BY A COUNTY 3
BOARD; AND 4
(2) BE SUFFICIENT TO ENSU RE THAT THE USE OF ANY SYS TEM THAT 5
EMPLOYS ARTIFICIAL I NTELLIGENCE BY A COU NTY BOARD DOES NOT : 6
(I) RESULT IN ANY UNLAWFU L DISCRIMINATION ; 7
(II) HAVE AN UNLAWFUL DISP ARATE IMPACT ON ANY 8
STUDENTS, GROUP OF STUDENTS, PRINCIPAL, TEACHER, OR STAFF, ON THE BASIS 9
OF ANY ACTUAL OR PER CEIVED CHARACTERISTI C; 10
(III) HAVE A NEGATIVE IMPAC T ON THE HEALTH , SAFETY, OR 11
WELL–BEING OF A STUDENT, GROUP OF STUDENTS , PRINCIPAL, TEACHER, OR 12
STAFF; OR 13
(IV) COLLECT PERSONAL INFO RMATION FROM A STUDE NT, 14
GROUP OF STUDENTS, PRINCIPAL, TEACHER, OR STAFF, WITHOUT THE WRITTEN 15
APPROVAL OF THE DEPARTMENT OF INFORMATION TECHNOLOGY . 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2024. 18