Maryland
Pioneering privacy law runs into more trouble in Maryland
The rollout of a groundbreaking privateness regulation in Maryland defending ancestry knowledge on-line has skilled one other setback, Newsy has discovered.
Final month a Newsy investigation revealed how Maryland Division of Well being officers quietly stopped implementing one of many first legal guidelines within the nation to set limits on police entry to DNA knowledge uploaded by People researching their ancestry.
The Maryland Division of Well being has now missed an Oct. 1 deadline, written into regulation, that required establishing a licensing program for labs that use forensic genetic family tree, a way deployed by police investigating critical offenses to match DNA from against the law scene to DNA uploaded by shoppers on ancestry web sites.
The regulation in Maryland, handed in 2021, was seen as a mannequin for setting the primary nationwide pointers on the more and more widespread regulation enforcement instrument.
Requested in regards to the missed deadline, the Maryland Division of Well being replied with the identical response despatched to reply completely different questions weeks in the past, basically saying: We’re nonetheless engaged on it.
“The Maryland Division of Well being has actively been working internally and with our associate state businesses on the implementation of this regulation, which we perceive has not been applied anyplace else in the US,” mentioned Chase Cook dinner, spokesman for the Maryland Division of Well being.
Legislators who crafted the mannequin guidelines say Newsy’s story about their stalled implementation got here as a shock, primarily as a result of the regulation was bipartisan and handed one vote shy of unanimously.
“This can be very disappointing and stunning that that is taking place, and rather more in order that we needed to discover out on the information,” mentioned state Sen. Charles Sydnor, D-Baltimore, who sponsored the regulation within the Senate.
SEE MORE: Defending Client Privateness As DNA Testing Booms
Inner emails Newsy obtained present the Maryland Division of Well being blamed an absence of cash for the inaction.
There is also pushback from Gov. Larry Hogan whose administration oversees the well being division.
After Newsy’s first story aired, Hogan spokesman Michael Ricci criticized the regulation for not together with a strategy to pay for itself, but Hogan by no means requested the legislature for funding.
In Maryland, the governor units the funds.
The legislature can solely lower it.
There was no funding request within the governor’s fiscal yr 2023 funds.
“To say that that is some form of unfunded mandate is simply merely a cop-out for them not doing what they’re imagined to do in imposing the regulation,” Sydnor mentioned.
Ricci didn’t reply a query in regards to the lack of funding within the funds however indicated the governor has considerations in regards to the regulation.
“The story does a nice job by itself of demonstrating the perils of unfunded mandates and laws that’s haphazardly drafted with out consulting the stakeholders that it’s going to have an effect on—on this case, public well being officers in the midst of a worldwide pandemic,” Ricci mentioned in an emailed reply to Newsy.
However legislative information present the Maryland Division of Well being did supply enter within the run-up to the invoice changing into a regulation, together with a value estimate of $241,000 a yr.
“This was a extremely great way of getting a invoice created and applied,” Sydnor mentioned. “We had all events on the desk.”
With Hogan leaving workplace on the finish of his time period in January, it might fall on a brand new governor elected in November to implement the brand new privateness guidelines.
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Maryland
Supreme Court takes up Maryland parents’ bid to opt kids out of lessons with LGBTQ books
Washington — The Supreme Court on Friday agreed to take up a dispute over whether a Maryland school district violated parents’ religious rights when it declined to allow them to opt their elementary school children out of instruction involving storybooks about gender and sexuality.
The dispute centers around a decision by the Montgomery County School Board to end opt-out requests and notice requirements for the reading and discussion of storybooks that feature LGBTQ characters. The case sets up another clash involving LGBTQ rights and religious rights. It’s unclear whether the Supreme Court will hear arguments in its current term, which ends this summer, or its next term that will begin in October.
The books were approved for the Montgomery County Public Schools language-arts curriculum for the 2022-2023 school year as part of an effort to include new material that better represents the school district’s students and families, it said. Montgomery County is Maryland’s largest county and its school system serves more than 160,000 students.
Books introduced for students include titles like “Pride Puppy,” a picture book about a dog that gets lost at a Pride parade, and “Jacob’s Room to Choose,” about two transgender school-aged children.
Lawyers for the school district said in court filings that the books “impart critical reading skills through engaging, age-appropriate stories,” and the district follows a “careful, public, participatory selection process” to ensure they meet that criteria. The books are made available for individual reading, classroom read-alouds and other educational activities, according to the school district.
After the books were introduced, some parents sought to have their children excused when they were read or discussed. Some of these so-called out-out requests were religious-based and others were not, according to court filings. Lawyers for the board said that while teachers and principals attempted to accommodate the requests, the number grew and raised concerns about student absenteeism, the feasibility of administering opt-outs throughout the district and the “risk of exposing students who believe the storybooks represent them and their families to social stigma and isolation.”
The district then announced in March 2023 that it wouldn’t allow opt-outs from language-arts instruction that involved the storybooks “for any reason.”
The decision sparked backlash from the community, and more than 1,000 parents signed a petition urging the board to reinstate their notice and opt-out requests. Hundreds also attended school board meetings and said they had religious obligations not to subject their children to gender and sexuality instruction that conflicted with their religious beliefs.
Following the school district’s announcement, in May 2023, three sets of parents sued the Montgomery County Board of Education, alleging their First Amendment and due process rights were violated. The lead challengers are Tamer Mahmoud and Enas Barakat, who are Muslim and have a son in elementary school. Also challenging the board’s move are Chris and Melissa Persak, who are Roman Catholic and have two elementary-age children, and Jeff and Svitlana Roman, who are Roman Catholic and Ukrainian Orthodox and have a son in elementary school.
They sought a court order that would require notice and opt outs when the books were read or discussed. The parents argued their children’s exposure to the books “necessarily establishes the existence of a burden” on their right to freely exercise their religion.
A federal district court denied the request, and the U.S. Court of Appeals for the 4th Circuit upheld the decision.
The divided three-judge panel found that there was no evidence at that time that the families were compelled to change their religious beliefs or conduct, or what they taught their children.
The parents then appealed to the Supreme Court, arguing that the 4th Circuit’s decision effectively requires parents to “surrender their right to direct the religious upbringing of their children by sending them to public schools.”
“Under the Fourth Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children. But there is no unringing that bell — by then, innocence will be lost and beliefs undermined,” they wrote in a filing.
But the school board urged the Supreme Court to turn away the case.
They said the parents “seek to unsettle a decades-old consensus that parents who choose to send their children to public school are not deprived of their right to freely exercise their religion simply because their children are exposed to curricular materials the parents find offensive.”
Maryland
Northwestern beats Maryland 76-74 on Nick Martinelli’s jumper just before the OT buzzer – WTOP News
Nick Martinelli made a baseline jumper just before the overtime buzzer to help Northwestern snap a three-game losing streak with a 76-74 victory over Maryland on Thursday night.
EVANSTON, Ill. (AP) — Nick Martinelli made a baseline jumper just before the overtime buzzer to help Northwestern snap a three-game losing streak with a 76-74 victory over Maryland on Thursday night.
Northwestern led 64-56 with 4:43 left in regulation before Maryland closed on an 11-2 run, capped by Ja’Kobi Gillespie’s layup with 6.9 seconds left to tie it at 68-all. Northwestern guard Brooks Barnhizer had a layup hit off the back iron at the other end and Derik Queen secured the defensive rebound.
In overtime, Gillespie made a layup with 6.9 seconds left to tie it at 74-all and he poked it away from Ty Berry at the other end. The ball deflected off Maryland forward Julian Reese, giving Northwestern possession with 0.7 seconds left.
Martinelli broke free on a screen and sank a runner in front of the Northwestern bench as his teammates came onto the court to celebrate.
Martinelli finished with 22 points for Northwestern (11-6, 2-4 Big Ten). Barnhizer had 20 points, 10 rebounds and five assists, and Berry scored 15.
Reese led Maryland (13-5, 3-4) with 23 points. Gillespie added 14, Rodney Rice had 13 and Queen grabbed 14 rebounds to go with nine points. The Terrapins were hurt by 16 turnovers.
There were 11 lead changes and nine ties in the first half that ended with Northwestern leading 38-37 after Martinelli beat the buzzer with a shot in the lane. The game finished with 16 ties and 15 lead changes.
Maryland hosts Nebraska on Sunday, while Northwestern plays at No. 20 Michigan.
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Maryland
Northwestern beats Maryland on Nick Martinelli's jumper just before the OT buzzer
Nick Martinelli made a baseline jumper just before the overtime buzzer to help Northwestern snap a three-game losing streak with a 76-74 victory over Maryland on Thursday night at Welsh–Ryan Arena in Evanston.
Northwestern led 64-56 with 4:43 left in regulation before Maryland closed on an 11-2 run, capped by Ja’Kobi Gillespie’s layup with 6.9 seconds left to tie it at 68-all. Northwestern guard Brooks Barnhizer had a layup hit off the back iron at the other end and Derik Queen secured the defensive rebound.
In overtime, Gillespie made a layup with 6.9 seconds left to tie it at 74-all and he poked it away from Ty Berry at the other end. The ball deflected off Maryland forward Julian Reese, giving Northwestern possession with 0.7 seconds left.
Martinelli broke free on a screen and sank a runner in front of the Northwestern bench as his teammates came onto the court to celebrate.
Martinelli finished with 22 points for Northwestern (11-6, 2-4 Big Ten). Barnhizer had 20 points, 10 rebounds and five assists, and Berry scored 15.
Reese led Maryland (13-5, 3-4) with 23 points. Gillespie added 14, Rodney Rice had 13 and Queen grabbed 14 rebounds to go with nine points. The Terrapins were hurt by 16 turnovers.
There were 11 lead changes and nine ties in the first half that ended with Northwestern leading 38-37 after Martinelli beat the buzzer with a shot in the lane. The game finished with 16 ties and 15 lead changes.
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