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Chapter 04. Data Requests

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Regulation .01 Scope.Copy Citation

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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.Copy Citation

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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.Copy Citation

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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.Copy Citation

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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.Copy Citation

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

Regulation .06 Individual Records.Copy Citation

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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.Copy Citation

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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 annotations
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
History: Effective date: January 19, 2015 (42:1 Md. R. 18)
History: Chapter revised effective February 26, 2018 (45:4 Md. R. 207)
History: Regulation .02 amended effective October 14, 2024 (51:20 Md. R. 899)
History: Regulation .03C amended effective October 14, 2024 (51:20 Md. R. 899)
History: Regulation .06 amended effective October 14, 2024 (51:20 Md. R. 899)
History: Regulation .07 amended effective October 14, 2024 (51:20 Md. R. 899)