# COMAR Title 14 — Independent Agencies

## Subtitle 36 — Maryland Longitudinal Data System Center

### 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.