# COMAR Title 14 — Independent Agencies

## Subtitle 36 — Maryland Longitudinal Data System Center

### Chapter 01 — Inspection and Copying of Public Records

**Authority:** Education Article, §§24-703 and 24-706; General Provisions Article, Title 4; Annotated Code of Maryland

**Administrative History:** Effective date: January 19, 2015 (42:1 Md. R. 18)

**Administrative History:** Regulation .01 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .02 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .03B amended effective February 26, 2018 (45:4 Md. R. 207); October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .09B amended October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .11 amended October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .13 amended effective February 26, 2018 (45:4 Md. R. 207)

**Administrative History:** Regulation .13A amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .14 amended October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .15A amended October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .16A amended October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Scope.

*COMAR 14.36.01.01*

A. This chapter sets forth procedures for the disclosure, inspection, or copying of public records maintained by the Maryland Longitudinal Data System Center.

B. This chapter does not apply to aggregate data requests. The procedures for aggregate data requests by the public from data maintained by the Maryland Longitudinal Data System Center are set forth in COMAR 14.36.04.

#### Regulation .02 Policy.

*COMAR 14.36.01.02*

A. It is the policy of the Maryland Longitudinal Data System Center to facilitate public access to the Center’s public records when access is authorized by law.

B. The Center’s policy is to make all public records easily accessible on the agency’s website.

#### Regulation .03 Definitions.

*COMAR 14.36.01.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Act” means the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

  (2) “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.

  (3) “Center” means the Maryland Longitudinal Data System Center, its advisory boards, its committees, any other public bodies under the authority and acting on behalf of the Maryland Longitudinal Data System Center, and any employees, agents, or contractors acting on behalf of the Maryland Longitudinal Data System Center.

  (4) “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

  (5) “Data partner” means a State agency, an industry certifier, or other entity that originally collects student and workforce data and provides that data to the Center under Education Article, §27-707, Annotated Code of Maryland.

  (6) “Executive Director” means the Executive Director of the Maryland Longitudinal Data System Center.

  (7) “Governing Board” has the meaning stated in Education Article, §24-701, Annotated Code of Maryland.

  (8) “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

  (9) “Person in interest” means:

    (a) A person or governmental unit that is the subject of a public record;

    (b) An authorized designee of the person or governmental unit that is the subject of a public record; or

    (c) If the person has a legal disability, a parent or legal representative of the person that is the subject of a public record.

  (10) “Public record” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.

  (11) “Working day” means a day other than Saturday, Sunday, or a State holiday or service reduction day.

#### Regulation .04 Official Custodian.

*COMAR 14.36.01.04*

A. The Executive Director shall designate an official custodian of public records for the Center.

B. The website for the Center shall provide the name and contact information for the custodian of public records.

#### Regulation .05 Who May Request Public Records.

*COMAR 14.36.01.05*

Any person may request to inspect or copy public records of the Center.

#### Regulation .06 Necessity for Written Request.

*COMAR 14.36.01.06*

A. Inspection.

  (1) Except as otherwise provided in this chapter, the custodian shall make public records of the Center available for inspection by an applicant without demanding a written request.

  (2) The custodian shall require a written request if the custodian reasonably believes that:

    (a) The Act or any other law may prohibit the disclosure of the public record to the applicant; or

    (b) A written request will materially assist the Center in responding.

B. Copies. If the applicant requests a copy of any public record of the Center, the custodian may require a written request.

#### Regulation .07 Contents of Written Request.

*COMAR 14.36.01.07*

A written request shall:

A. Contain the applicant’s name and address;

B. Be signed by the applicant; and

C. Reasonably identify, by brief description, the public record sought.

#### Regulation .08 Addressee.

*COMAR 14.36.01.08*

A request to inspect or copy a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Executive Director.

#### Regulation .09 Response to Request.

*COMAR 14.36.01.09*

A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection, without unreasonable delay, as follows:

  (1) Immediately for records designated by the Center for inspection, as set forth in §B of this regulation; or

  (2) If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request.

B. The custodian shall designate the following public records for immediate inspection:

  (1) Bylaws of the Governing Board;

  (2) Minutes of the Governing Board; and

  (3) Data sharing agreements entered into by the Center and data partners.

C. If the custodian decides to deny a request for inspection, the custodian shall:

  (1) Do so within 30 days after the request; and

  (2) Immediately notify the applicant of the denial.

D. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives:

  (1) The reason for the denial;

  (2) The legal authority for the denial; and

  (3) Notice of the remedies available for review of the denial.

E. If a requested public record is not in the custody or control of the custodian to whom application is made, the custodian shall, within 10 working days after receipt of the request, notify the applicant:

  (1) That the custodian does not have custody or control of the requested public record; and

  (2) If the custodian knows:

    (a) The name of the custodian of the public record; and

    (b) The location or possible location of the public record.

F. With the consent of the applicant, any time limit imposed by §§A—C of this regulation may be extended for an additional period of up to 30 days.

#### Regulation .10 Notice to Person Possibly Affected by Disclosure.

*COMAR 14.36.01.10*

A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Center to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.

B. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.

#### Regulation .11 Public Record Temporarily Unavailable.

*COMAR 14.36.01.11*

If a requested public record of the Center is not immediately available for inspection or copying, the custodian shall promptly:

A. Notify the applicant that the public record is not immediately available; and

B. Schedule a date within a reasonable time for inspection or copying.

#### Regulation .12 Public Record Destroyed or Lost.

*COMAR 14.36.01.12*

If the custodian knows that a requested public record of the Center has been destroyed or lost, the custodian shall promptly:

A. Notify the applicant that the public record is not available; and

B. Explain the reasons why the public record cannot be produced.

#### Regulation .13 Review of Denial.

*COMAR 14.36.01.13*

A. If the custodian denies a request to inspect or copy a public record of the Center, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.

B. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the State Public Information Act Compliance Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland.

C. The applicant and the custodian each may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to requests for public records.

#### Regulation .14 Disclosure Against Public Interest.

*COMAR 14.36.01.14*

A. Denial Pending Court Order.

  (1) If, in the opinion of the custodian, disclosure of a public record of the Center otherwise subject to disclosure under the Act would do substantial injury to the public interest, the custodian may temporarily deny the request to obtain a court order allowing nondisclosure.

  (2) A temporary denial shall be in writing.

B. Circuit Court Review.

  (1) Within 10 working days after the denial, the custodian shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.

  (2) Notice of the custodian’s complaint, on behalf of the Center, shall be served on the applicant in the manner provided for service of process under the Maryland Rules.

#### Regulation .15 Fees.

*COMAR 14.36.01.15*

A. Except as provided in §§B and C of this regulation, the fee schedule for responding to requests of public records of the Center is as follows:

  (1) For each copy made by a photocopying machine within the Center, 25 cents per page;

  (2) For each copy made other than by a photocopying machine within the Center, the actual cost of reproduction;

  (3) For certification as a true copy of a public record, an additional fee of $1 per page or, if appropriate, per item; and

  (4) For electronic records provided in an electronic format, no fee.

B. Minimum Fee. A charge may not be made if the total fee is $1 or less.

C. If the fee for copies or certified copies of any public record of the Center is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

D. If the custodian cannot copy a public record within the Center, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Center. The custodian shall:

  (1) Collect from the applicant a fee to cover the actual cost of reproduction; or

  (2) Direct the applicant to pay the cost of reproduction directly to the facility making the copy.

E. Before copying a public record of the Center, the custodian shall estimate the cost of reproduction and either:

  (1) Obtain the agreement of the applicant to pay the cost; or

  (2) Require prepayment of the cost.

F. Except as provided in §G of this regulation the custodian may charge a reasonable fee for time that an official or employee of the Center spends to:

  (1) Search for requested public records; or

  (2) Prepare public records for inspection and copying.

G. The custodian may not charge a search or preparation fee for the first 2 hours that an official or employee of the Center spends to respond to a request for public records.

H. The Center may charge a reasonable hourly fee based upon the actual cost to the Center for staff services for additional time required to search for or prepare public records for inspection or copying.

I. Waiver or Reduction of Fee.

  (1) The custodian may waive or reduce any fee under this regulation if:

    (a) The applicant requests a waiver; and

    (b) The custodian determines that the waiver or reduction is in the public interest.

  (2) In making a decision under this section, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

J. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the actual cost of postage or delivery, and the cost of any electronic media used to provide the copies.

#### Regulation .16 Time and Place of Inspection.

*COMAR 14.36.01.16*

A. An applicant may inspect any public record of the Center that the applicant is entitled to inspect, by appointment, during the normal working hours of the Center.

B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s expressed wish, determines that another place is more suitable and convenient.

### Chapter 02 — Corrections of Public Record

**Authority:** Education Article, §24-706; General Provisions Article, §4-502; Annotated Code of Maryland

**Administrative History:** Effective date: January 19, 2015 (42:1 Md. R. 18)

**Administrative History:** Regulation .02B amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .05 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .06 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .07 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .08 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .09 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .10 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .11A, B amended effective October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Scope.

*COMAR 14.36.02.01*

This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Maryland Longitudinal Data System Center.

#### Regulation .02 Definitions.

*COMAR 14.36.02.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Center” means the Maryland Longitudinal Data System Center.

  (2) “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

  (3) “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

  (4) “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

  (5) “Public record” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

#### Regulation .03 Who May Request.

*COMAR 14.36.02.03*

A person in interest may request that the Center correct or amend any public record that:

A. The Center created and maintains; and

B. The person in interest is authorized to inspect.

#### Regulation .04 Contents of Request.

*COMAR 14.36.02.04*

A. A person in interest shall make a request to correct or amend a public record in writing.

B. The request shall:

  (1) Identify the public record to be corrected or amended;

  (2) State the precise correction or amendment requested;

  (3) State the reason for the correction or amendment; and

  (4) Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete.

#### Regulation .05 Addressee.

*COMAR 14.36.02.05*

A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request shall be addressed to the [Executive Director] official custodian.

#### Regulation .06 Return of Nonconforming Request.

*COMAR 14.36.02.06*

A. The custodian shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.

B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the custodian shall return the request to the requestor with:

  (1) An explanation of the reason for the return; and

  (2) A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.

#### Regulation .07 Response to Request.

*COMAR 14.36.02.07*

Within 30 days after the custodian receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:

A. Make the requested correction or amendment, and inform the requester in writing of the action; or

B. Inform the requester in writing that the custodian will not:

  (1) Make the requested correction or amendment, and the reason for the refusal; or

  (2) Act on the request because:

    (a) The requester is not a person in interest;

    (b) The requester is not authorized to inspect the record; or

    (c) Of any other reason authorized by law.

#### Regulation .08 Response to Refusal of Request — Statement of Disagreement.

*COMAR 14.36.02.08*

If the custodian refuses to make a requested correction or amendment, a person in interest may file with the Center a concise statement of the reasons for:

A. The requested correction or amendment; and

B. The person’s disagreement with the refusal of the custodian to make the correction or amendment.

#### Regulation .09 Requirements for Statement of Disagreement.

*COMAR 14.36.02.09*

The statement submitted under Regulation .08 of this chapter:

A. Shall be submitted electronically or by mail on single-sided 8-1/2 x 11 inch paper; and

B. May not exceed 2,000 words.

#### Regulation .10 Disclosure of Statement of Disagreement.

*COMAR 14.36.02.10*

If a requester files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the custodian shall provide a copy of the statement whenever the custodian discloses the public record to a third party.

#### Regulation .11 Administrative Review.

*COMAR 14.36.02.11*

A. A person may request administrative review under this regulation if the custodian:

  (1) Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter;

  (2) Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or

  (3) Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.

B. A request for review shall be filed with the official custodian of the Center within 30 days after the requester is advised of the custodian’s action.

C. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

### Chapter 03 — Meetings.

**Authority:** Education Article, §24-706; State Government Article, Title 10, Subtitle 5; Annotated Code of Maryland

**Administrative History:** Effective date: January 19, 2015 (42:1 Md. R. 18)

**Administrative History:** Regulation .01B amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .02 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .03 amended effective October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Definitions.

*COMAR 14.36.03.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Center” means the Maryland Longitudinal Data System Center.

  (2) “Governing Board” has the meaning stated in Education Article, §24-701, Annotated Code of Maryland.

  (3) “Open session” means a meeting of the Governing Board that is required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.

#### Regulation .02 Public Attendance.

*COMAR 14.36.03.02*

A. The general public is invited to attend and observe any open sessions of the Governing Board.

B. Meetings shall be held in a manner or location that is reasonably accessible to individuals who would like to attend and observe an open session of the Governing Board.

#### Regulation .03 Public Participation Limited.

*COMAR 14.36.03.03*

A member of the public attending an open session may not participate in the session unless:

A. The Governing Board expressly invites public testimony, questions, comments, or other forms of public participation;

B. The person is entitled by law to participate; or

C. As provided by the bylaws of the Governing Board, the individual has received prior approval from the chairman of the Governing Board to participate, subject to a time limit set by the chairman.

#### Regulation .04 Disruptive Conduct.

*COMAR 14.36.03.04*

A. An individual attending an open session may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.

B. Authority of the chair of the Governing Board.

  (1) The chair of the Governing Board may order an individual who violates §A of this regulation, or who violates any other regulation or resolution concerning the conduct of the open session, to be removed from the session, and may request police assistance to restore order.

  (2) The chair of the Governing Board may recess the session while order is restored.

C. An individual who is asked to leave the session in accordance with these regulations and who refuses to do so may be subject to arrest as provided by law.

#### Regulation .05 Recording, Photographing, and Broadcasting of Open Sessions.

*COMAR 14.36.03.05*

A. A member of the public, including a representative of the news media, may:

  (1) Record the discussions at an open session using a tape recorder or other recording device if the device used does not create excessive noise that disturbs the open session or other individuals attending the session; or

  (2) Photograph or videotape the proceedings of an open session using any type of camera if the camera is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.

B. A representative of the news media may broadcast or televise the open session if the equipment used is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.

C. The chair of the Governing Board may restrict the movement of an individual who is using a recording device, a camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.

D. A member of the public who intends to record the discussions at an open session is requested to provide notice to the Executive Director of the Center in advance of the meeting advising of the intention to record the proceedings and specifying the type of equipment to be used to record the proceedings.

#### Regulation .06 Recordings Not Part of Record.

*COMAR 14.36.03.06*

A recording of an open session made by a member of the public including a representative of the news media or any transcript derived from a recording is not a part of the record of the open session.

### Chapter 04 — Data Requests

**Authority:** Education Article, §§24-701, 24-703, and 24-706;General Provisions Article, Title 4; Labor and Employment Article, §8-625; Annotated Code of Maryland

**Administrative History:** Effective date: January 19, 2015 (42:1 Md. R. 18)

**Administrative History:** Chapter revised effective February 26, 2018 (45:4 Md. R. 207)

**Administrative History:** Regulation .02 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .03C amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .06 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .07 amended effective October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Scope.

*COMAR 14.36.04.01*

A. Generally.

  (1) This chapter governs data requests received by the Maryland Longitudinal Data System Center under Education Article, §24-703(f)(6) and (7), Annotated Code of Maryland.

  (2) All other public information requests shall be processed in accordance with General Provisions Article, Title 4, Annotated Code of Maryland, and COMAR 14.36.01.

B. The Maryland Longitudinal Data System Center was created to provide analytical information to policy makers, researchers, parents, and students to guide education and workforce policy decisions and programs.

#### Regulation .02 Definitions.

*COMAR 14.36.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Center” means the Maryland Longitudinal Data System Center.

  (2) “Data partner” means a State agency, an industry certifier, or other entity that originally collects student and workforce data and provides that data to the Center under Education Article, §24-707, Annotated Code of Maryland.

  (3) Data Request.

    (a) “Data request” means a request for an aggregate data set created by linking two or more data tables.

    (b) “Data request” does not include a request that requires:

      (i) Analysis or the application of advanced statistical methods; or

      (ii) Creation of constructed variables.

#### Regulation .03 Applications — General.

*COMAR 14.36.04.03*

A. Application Form. The application shall be made in writing, in the form required by the Executive Director of the Maryland Longitudinal Data System Center.

B. The application form shall be made available to the public on the Center website.

C. Options. The application form shall require at a minimum:

  (1) The name, phone number, and email address for the requestor; and

  (2) The data request.

#### Regulation .04 Time for Applying, Responding.

*COMAR 14.36.04.04*

A. An application for a data request from the Center may be made at any time by any member of the public, or any State agency.

B. The Executive Director of the Center, or staff member delegated by the Executive Director, shall provide the applicant with an acknowledgement of the receipt of the data request within 10 business days of receiving the application, and shall advise the applicant of the estimated time for completion of fulfillment of the data request and the estimated costs associated therewith within 30 days of receipt of the application.

#### Regulation .05 Fees.

*COMAR 14.36.04.05*

The Executive Director shall assess fees for data requests in accordance with COMAR 14.36.01.15.

#### Regulation .06 Individual Records.

*COMAR 14.36.04.06*

A. The Center receives data from data partners in accordance with its mandated responsibilities as set forth in Education Article, §24-701, et seq., Annotated Code of Maryland.

B. Individual Student Records.

  (1) The Center shall maintain education records that are incorporated into the Maryland Longitudinal Data System consistent with the protections established by the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, as amended, and its accompanying regulations, located at 34 CFR §99, as amended, which are incorporated by reference.

  (2) As set forth in Education Article, §24-703(f)(3)—(4) and (h)(3), Annotated Code of Maryland, the Center shall:

    (a) Only use de-identified aggregate data in its research and reporting; and

    (b) Suppress data that may be identifiable based on the size or uniqueness of the population under consideration.

  (3) The Center shall restrict direct access to the data in the Maryland Longitudinal Data System to authorized staff of the Center as set forth in Education Article, §24-703(g), Annotated Code of Maryland.

  (4) The Center shall direct requests for access to individual student records to the agency supplying the records to the Center for consideration under the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and any and all applicable State and federal statutes and regulations.

C. Individual Workforce Records.

  (1) The Center recognizes that workforce records incorporated into the Maryland Longitudinal Data System are protected under Labor and Employment Article, §8-625, Annotated Code of Maryland, and 20 CFR Part 603, which are incorporated by reference, and other State and federal privacy laws.

  (2) The Center shall ensure that workforce data is de-identified by removing or not disclosing any and all information that:

    (a) Reveals the name, address, social security number, or any other identifying particular of an individual or employer; or

    (b) Could foreseeably be combined with other publicly available information to reveal such particulars.

  (3) The Center shall use only de-identified aggregate data in its research and reporting as set forth in Education Article, §24-703(f)(3) and (g)(3), Annotated Code of Maryland.

  (4) The Center shall restrict direct access to the data in the Maryland Longitudinal Data System to authorized staff of the Center as set forth in Education Article, §24-703(g), Annotated Code of Maryland.

  (5) Requests for access to individual workforce records shall be directed to the Maryland Department of Labor for that agency’s consideration under the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and any and all applicable State and federal statutes and regulations.

D. The Center shall fulfill data requests made pursuant to Education Article, §24-703(f)(6) and (7), Annotated Code of Maryland:

  (1) Using de-identified aggregate data only, as set forth in Education Article, §24-703(g)(2) and (3), Annotated Code of Maryland; and

  (2) In compliance with:

    (a) The privacy and confidentiality provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, as amended, and its accompanying regulations, located at 34 CFR §99, as amended;

    (b) The Federal-State Unemployment Compensation Program (UC), 20 CFR part 603, and Labor and Employment Article, §8-625, Annotated Code of Maryland; and

    (c) Any other applicable State or federal data privacy or confidentiality provisions.

E. The Center shall deny a data request if the data provided may be identifiable based on the size or uniqueness of the population under consideration, as required under Education Article, §24-703(a)(4), and Labor and Employment Article, §8-625, Annotated Code of Maryland, and 20 CFR Part 603.

#### Regulation .07 Requests for Nonlongitudinal Data Sets.

*COMAR 14.36.04.07*

A. For purposes of this regulation, a data set is non-longitudinal if it contains data provided by only one of the following agencies that contribute data to the Center:

  (1) Maryland State Department of Education;

  (2) Maryland Department of Labor; or

  (3) Maryland Higher Education Commission.

B. The Center shall deny a request for a nonlongitudinal data set and refer the requestor to the appropriate agency.

### Chapter 05 — Data Collection

**Authority:** Education Article, §§24-706 and 24-707, Annotated Code of Maryland

**Administrative History:** Effective date: July 6, 2015 (42:13 Md. R. 796)

**Administrative History:** Regulation .01B amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .02 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .03 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .04 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .05D amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .06 adopted effective October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Definitions.

*COMAR 14.36.05.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Center” means the Maryland Longitudinal Data System Center.

  (2) “Data” means student and workforce data as defined under Education Article, §24-701, Annotated Code of Maryland.

  (3) “Data partner” means a State agency, an industry certifier, or other entity that originally collects student and workforce data and provides that data to the Center under Education Article, §24-707, Annotated Code of Maryland.

  (4) “Governing Board” has the meaning stated in Education Article, §24-701, Annotated Code of Maryland.

#### Regulation .02 Data Inventory.

*COMAR 14.36.05.02*

A. General.

  (1) Except as provided in §A(2) of this regulation, the Center may not collect, use, or warehouse data that is not listed in a data inventory approved by the Governing Board.

  (2) The Center may temporarily collect limited data elements from a data partner for the purpose of determining if identify resolution is possible.

B. Data Inventory Requirements. The data inventory shall specify:

  (1) Each data element collected and warehoused in the system;

  (2) The data partner; and

  (3) The date range for the data.

C. Required Review. The Governing Board shall review and approve the data inventory:

  (1) Each December prior to the submission of the annual report required under Education Article, §24-705, Annotated Code of Maryland; and

  (2) Each time the Center proposes adding or removing a data element.

D. The Center shall annually report any data element that has been removed upon determination that it is no longer necessary to carry out the mission of the Center.

#### Regulation .03 Data Collection Schedule.

*COMAR 14.36.05.03*

The Governing Board shall approve a data collection schedule that establishes deadlines for each data partner to transfer its data to the Center.

#### Regulation .04 Data Transmission.

*COMAR 14.36.05.04*

The Center shall establish a data transmission method that each data partner shall follow when transferring data to the Center.

#### Regulation .05 Data Source.

*COMAR 14.36.05.05*

A. State Data.

  (1) As provided in Education Article, §24-707(a), Annotated Code of Maryland, the Center may collect student and workforce data directly from local education agencies, community colleges, public senior higher education institutions, or State agencies.

  (2) The Center shall collect student and workforce data from a State agency if the State agency is already collecting that data or agrees to collect the data on behalf of the Center.

B. Private Secondary School Data.

  (1) As provided in Education Article, §24-707(b), Annotated Code of Maryland, a private secondary school may transfer student and workforce data to the Center.

  (2) If such data is transferred, the Center may designate the Maryland State Department of Education as its agent for collecting data from the private secondary schools.

C. For-Profit and Private Nonprofit Institutions of Higher Education Data.

  (1) As provided in Education Article, §24-707(c), Annotated Code of Maryland, certain for-profit and private nonprofit institutions of higher education are required to transfer student-level data to the Center.

  (2) The Center may designate the Maryland Higher Education Commission as its agent for collecting data from the for-profit and private nonprofit institutions of higher education.

D. Other Data Sources. The Center may collect and incorporate data from an entity other than a State or local agency, if the data collected by that entity:

  (1) Is permissible student data or workforce data;

  (2) Is determined to be accurate and reliable; and

  (3) Is approved for inclusion by the Governing Board.

#### Regulation .06 Medical and Health Records—Prohibited.

*COMAR 14.36.05.06*

A. Definition.

  (1) For purposes of this regulation, the following term has the meaning indicated.

  (2) Medical and Health Records.

    (a) “Medical and health records” means records created by a health care provider for the purpose of providing care and treatment to an individual.

    (b) “Medical and health records” does not include information about a student that is:

      (i) Collected by a data partner that provides data to the MLDS under this subtitle; and

      (ii) Used solely to determine eligibility for or to administer educational services and programs to students.

B. Prohibition.

  (1) Under Education Article, §24-701(l)(3), Annotated Code of Maryland, medical and health records are not student data.

  (2) The Center may not collect medical and health records.

### Chapter 06 — Center Staff

**Authority:** Education Article, §§24-703(h) and 24-706, Annotated Code of Maryland

**Administrative History:** Effective date: July 6, 2015 (42:13 Md. R. 796)

**Administrative History:** Regulation .01A, C amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .03A amended effective October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Authorized Staff.

*COMAR 14.36.06.01*

A. Scope. Education Article, §24-703(h), Annotated Code of Maryland, restricts access to data in the Maryland Longitudinal Data System to authorized staff of the Center. This regulation sets out a procedure for authorizing Center staff.

B. General. Authorized staff of the Center shall include:

  (1) State employees of the Center; and

  (2) Individuals authorized by the Executive Director pursuant to §C of this regulation.

C. Authorization by Executive Director.

  (1) Limitations.

    (a) The Executive Director may only authorize individuals to serve as staff of the Center who are necessary to carry out the mission of the Center.

    (b) Center staff shall be restricted in number for the purpose of maintaining control over access to the Maryland Longitudinal Data System in strict compliance with State and federal privacy laws.

  (2) The Executive Director may designate the following individuals as authorized staff of the Center:

    (a) Researchers, including:

      (i) Faculty staff, and graduate students, from a public senior higher education institution who are identified by the Director of the Research Services Branch to provide research and analysis as part of  the Research Services Branch of the Center; and

      (ii) Additional researchers who, pursuant to the MLDS Center’s Project Approval and Management Procedures, have applied for and received approval to conduct a project using MLDS data consistent with Education Article, §24-703(f)(4) and (5), Annotated Code of Maryland.

    (b) Information technology experts and technicians necessary to:

      (i) Install, maintain, and repair data center equipment;

      (ii) Provide assistance in maintaining system security; or

      (iii) Provide system development support; and

    (c) A State agency employee or contractor as needed to provide information technology expertise to assist with data sharing or system administration.

#### Regulation .02 Background Investigations.

*COMAR 14.36.06.02*

A. All staff of the Center shall have a State and federal criminal history background check within 5 business days of starting as staff of the Center.

B. An individual is not eligible to have access to the longitudinal data system until the individual has completed and passed the criminal history background investigation.

C. An individual is deemed to have an unsatisfactory criminal history background investigation if the individual:

  (1) Has been convicted of a felony of any nature; or

  (2) Within the last 10 years, has been convicted of a crime that qualifies as an infamous crime under Maryland law.

#### Regulation .03 Security Requirements.

*COMAR 14.36.06.03*

A. General. The Center’s Executive Director shall require all authorized staff of the Center to:

  (1) Comply with the rules of security behavior that are provided to staff;

  (2) Receive and review the MLDS Center’s Data Security and Safeguarding Plan, data sharing agreements, the Maryland Department of Labor—Confidentiality Certification Form, and other documents required by the Executive Director; and

  (3) Periodically take security and privacy training classes.

B. Required Compliance. The Executive Director shall remove a staff member’s system access if the staff member fails to remain in compliance with the requirements in §A of this regulation.