Transfer of student data and workforce data.

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    (a)    Local education agencies, community colleges, public senior higher education institutions, and State agencies shall:

        (1)    Make every effort to comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System as set forth by the Governing Board; and

        (2)    Transfer student data and workforce data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.

    (b)    Private secondary schools may transfer student data and workforce data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.

    (c)    (1)    For–profit institutions of higher education, private nonprofit institutions of higher education that do not receive State funds, and institutions of higher education that are required to register under § 11–202.2 of this article shall transfer student–level enrollment data, degree data, and financial aid data for all Maryland residents to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.

        (2)    Private nonprofit institutions of higher education that receive State funds shall transfer student–level enrollment data, degree data, financial aid data, and credit data for all students to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under § 24–704(g)(6) of this subtitle.

        (3)    An institution that transfers or discloses student–level data under paragraph (1) or (2) of this subsection is not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of the data that results from an act or omission by:

            (i)    The Maryland Longitudinal Data System Center;

            (ii)    A State agency; or

            (iii)    A person provided access to the data by the Maryland Longitudinal Data System Center or a State agency.

        (4)    If the Maryland Independent College and University Association transfers or discloses student–level data to the Maryland Longitudinal Data System or a State agency on behalf of a private nonprofit institution of higher education under paragraph (1) or (2) of this subsection, the association is not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of the data that results from an act or omission by:

            (i)    The Maryland Longitudinal Data System Center;

            (ii)    A State agency; or

            (iii)    A person provided access to the data by the Maryland Longitudinal Data System Center or a State agency.


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