30182 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

transcripts are appended to the records 

as well. 

The records for schools and local 

education agencies contain information 

on numbers and characteristics of 

teaching staff, administrators, financial 

and demographic data, and data related 

to student performance.The records 

related to teachers and administrators 

contain, in addition to the above, 

information on training and experience, 

salary history, and attitudes and 

opinions on educational and operational 

questions. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

20 U.S.C. 1221e–1. 

PURPOSE(S): 

This system is used to describe the 

critical influences, contexts, and 

transitions of students in elementary, 

secondary, and postsecondary education 

and into employment and adult 

experience. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSES OF SUCH USES: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purpose for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the 

Act, under a computer matching 

agreement. 

(1) Contract Disclosure. When the 

National Center for Education Statistics 

intends to contract with a private firm 

for the purpose of collating, analyzing, 

aggregating, maintaining, appending, or 

otherwise refining records in this 

system, the Commissioner of Education 

Statistics may release relevant records to 

the contractor. The contractor will be 

required to maintain safeguards under 

the Privacy Act of 1974 and under 

section 406(d)(4) of GEPA (20 U.S.C. 

1221e–1(d)(4)) with respect to such 

records. 

(2) Research Disclosure. Where the 

Commissioner of Education Statistics 

determines that an individual or 

organization is qualified to carry out 

specific research, the Commissioner 

may disclose information from these 

systems of records to that researcher 

solely for the purpose of carrying out 

that research. The researcher shall be 

required to maintain under the Privacy 

Act of 1974 and 20 U.S.C. 1221–e1(d)(4) 

safeguards with respect to such records. 

DISCLOSURE TO CONSUMER REPORTING 

AGENCIES: 

Not applicable to this system of 

records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The research files will be stored on 

computer tapes and diskettes. The 

location files will be kept on computer 

tapes. 

RETRIEVABILITY: 

The records are retrievable by title of 

survey and name of person. 

SAFEGUARDS: 

The research files and location files 

are not directly mergeable in the form 

maintained and stored. The 

identification codes on each file are 

different. They can be related by use of 

an encryption algorithm known to only 

a few authorized staff. Copies of the 

computer tapes and discs containing the 

location files are stored with three levels 

of password protection. Hence, 

immediate access to the location files is 

possible only by authorized staff. When 

in active use for editing, tabulation and 

analysis, files of information and 

identifiers will not be kept together 

unless necessary for processing the data. 

The files will be accessed only through 

approved identification of the user and 

the use of passwords. Passwords will be 

changed at the conclusion of each 

period of use and returned to storage. 

Tapes, discs and questionnaires will be 

kept in locked files in locked rooms. 

RETENTION AND DISPOSAL: 

The records will be kept for five years 

after the final survey administration, 

including the base year survey and any 

following surveys and then transferred 

to the Federal Records Center, where, 

after 15 years, they will be destroyed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Commissioner, National Center for 

Education Statistics, Office of 

Educational Research and Improvement, 

U.S. Department of Education, 555 New 

Jersey Avenue, NW., Room 400, 

Washington, DC 20208–5574. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, contact the system 

manager at the address listed above. 

Your request must meet the 

requirements in the regulations at 34 

CFR 5b.5, including proof of identity. 

RECORD ACCESS PROCEDURE: 

If you wish to gain access to a record 

regarding you, contact system manager. 

Your requests must meet the 

requirements in the regulations at 34 

CFR 5b.5, including proof of identity. 

CONTESTING RECORDS PROCEDURE: 

If you wish to contest the content of 

a record regarding you, contact the 

system manager. Your request must 

meet the requirements in the regulations 

at 34 CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in the records comes form 

responses to survey instruments. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

Appendix to 18–13–01 

Additional System Locations 

U.S. Bureau of the Census, Federal Office 

Building 3, Washington, DC 20233. 

WESTAT, 1650 Research Boulevard, 

Rockville, Maryland 20850. 

Research Triangle Institute, P.O. Box 12194, 

Research Triangle Park, North Carolina 

27709. 

National Opinion Research Center, 1155 E. 

60th Street, Chicago, Illinois 60637– 

2799. 

Educational Testing Service, 1825 Eye Street, 

NW, Suite 475, Washington, DC 20006. 

The Gallup Organization, One Church Street, 

Suite 900, Rockville, MD 20850. 

MPR Associates, 1995 University Avenue, 

Suite 225, Berkeley, California 94704. 

Abt Associates, 55 Wheeler Street, 

Cambridge, Massachusetts 02138. 

Pelavin Research Institute, 1,000 Thomas 

Jefferson Street, Suite 400, Washington, 

DC 20007. 

Institute for Social Research, Survey 

Research Associates, University of 

Michigan, 426 Thompson, Ann Arbor, 

MI 48106. 

School of Education, University of Michigan, 

610 E. University, Ann Arbor, MI 48109. 

18–13–02 

SYSTEM NAME: 

National Center for Education 

Statistics Affidavits of Nondisclosure. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

See the Appendix to this system 

notice. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains information on 

employees of the National Center for 

Education Statistics (NCES) or other 

persons who assist NCES in the 

performance of its work, who have 

access to any record, response form, 

completed survey or aggregation thereof 

from which information about 

individual students, teachers, 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30183 

administrators, or other individual 

persons may be revealed, and who have 

signed a pledge not to disclose such 

information. Other persons who may 

assist NCES include employees of 

companies, profit or nonprofit 

organizations, State agencies, local 

agencies or instrumentalities having a 

contract, task order, interagency 

agreement, or some other formal 

agreement with NCES and who have 

access to individually identifiable 

information. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains the following 

information: 

(1) The affidavit of nondisclosure that 

includes the individual’s name, place of 

work (company, agency, etc.), signature, 

and date signed; and 

(2) the name of the project or survey 

in which the entity employing the 

individual was involved. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Section 406(d)(4) of the General 

Education Provisions Act, as amended 

by Title III, Part A, Section 3001, of 

Public Law 100–297, April 28, 1988 (20 

U.S.C. 1221e–1(d)(4)). 

PURPOSE(S): 

This system of records is used for the 

following purposes: (1) To maintain 

information necessary for internal 

control and monitoring of those having 

access to individually identifiable 

information; (2) to provide evidence in 

disciplinary actions or prosecution of 

individuals who disclose individually 

identifiable information protected from 

disclosure under Section 406(d)(4) of 

the General Education Provisions Act, 

as amended; and (3) to ensure that 

individuals utilized by the 

Commissioner of NCES protect the 

individually identifiable data of NCES. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING THE CATEGORIES OF USERS 

AND THE PURPOSES OF THOSE USERS: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purpose for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the 

Act, under a computer matching 

agreement. 

(1) Contractor Disclosure. A record 

may be disclosed from this system of 

records to employees of entities having 

a contract or other agreement with the 

Commissioner to assist in the collection 

of data on behalf of NCES to ensure that 

these entities maintain an accurate file 

of individuals who have access to 

individually identifiable information in 

performance of their duties under the 

contract or other agreement. 

(2) Enforcement Disclosure. In the 

event that information in this system of 

records indicates, either on its face or in 

connection with other information, a 

violation or potential violation of any 

applicable statute, regulation, or order 

of a competent authority, the 

Department may disclose the relevant 

records to the appropriate agency, 

whether foreign, Federal, State, Tribal, 

or local, charged with the responsibility 

of investigating or prosecuting that 

violation or charged with enforcing or 

implementing the statute, executive 

order, rule, regulation, or order issued 

pursuant thereto. 

(3) Litigation and Alternative Dispute 

Resolution (ADR) Disclosures. 

(a) Introduction. In the event that one 

of the parties listed below is involved in 

litigation or ADR, or has an interest in 

litigation ADR, the Department may 

disclose certain records to the parties 

described in paragraphs (b), (c) and (d) 

of this routine use under the conditions 

specified in those paragraphs: 

(i) The Department of Education, or 

any component of the Department; or 

(ii) Any Department employee in his 

or her official capacity; or 

(iii) Any Department in his or her 

individual capacity if the Department of 

Justice (DOJ) has agreed to provide or 

arrange for representation for the 

employee; or 

(iv) Any Department employee in his 

or her individual capacity where the 

agency has agreed to represent the 

employee; or 

(v) The United States where the 

Department determines that the 

litigation is likely to affect the 

Department or any of its components. 

(4) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation and ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(5) Administrative Disclosures. If the 

Department determines that disclosure 

of certain records to an adjudicative 

body before which the Department is 

authorized to appear, an individual or 

entity designated by the Department or 

otherwise empowered to resolve or 

mediate disputes is relevant and 

necessary to the administrative 

litigation, the Department may disclose 

those records as a routine use to the 

adjudicative body, individual, or entity. 

(6) Parties, counsels, representatives 

and witnesses. If the Department 

determines that disclosure of certain 

records to a party, counsel, 

representative or witness in an 

administrative proceeding is relevant 

and necessary to the litigation, the 

Department may disclose those records 

as a routine use to the party, counsel, 

representative or witness. 

(7) Employee Grievance, Complaint or 

Conduct Disclosure. The Department 

may disclose a record in this system of 

records to another agency of the Federal 

Government if the record is relevant to 

one of the following proceedings 

regarding a present or former employee 

of the Department: Complaint, 

grievance, discipline or competence 

determination proceedings. The 

disclosure may only be made during the 

course of the proceeding. 

(8) Freedom of Information Act 

(FOIA) Advice Disclosure. The 

Department may disclose records to the 

Department of Justice and the Office of 

Management and Budget if the 

Department concludes that disclosure is 

desirable or necessary in determining 

whether particular records are required 

to be disclosed under the FOIA. 

(9) Contract Disclosure. If the 

Department contracts with an entity for 

the purposes of performing any function 

that requires disclosure of records in 

this system to employees of the 

contractor, the Department may disclose 

the records to those employees. Before 

entering into such a contract, the 

Department shall require the contractor 

to maintain Privacy Act safeguards 

under 5 U.S.C. 552a(m) with respect to 

such records. 

DISCLOSURE TO CONSUMER REPORTING 

AGENCIES: 

Not applicable to this system of 

records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information will be kept in file folders 

and on computer diskettes or computer 

tapes. 

RETRIEVABILITY: 

The records will be retrievable by 

name, date, and place of work of the 

individual. 

SAFEGUARDS: 

The records will be kept in locked 

files. The computer tapes and diskettes 

will be accessible by authorized 

personnel through identification 

number and password. 
30184 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

RETENTION AND DISPOSAL: 

Each affidavit will be kept for 5 years 

after the individual access to NCES 

confidential data has ceased and then 

will be transferred to the Federal 

Records Center, where it can remain up 

to 15 years before it is destroyed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Chief Statistician & Individual Survey 

Project Officers, National Center for 

Education Statistics, U.S. Department of 

Education, 555 New Jersey Avenue, 

NW., Washington, DC 20208-5574. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in this 

system of records, contact the system 

manager at the address listed above and 

provide your name, place of work (i.e. 

company, agency, etc.), and the dates of 

employment. Your request must meet 

the requirements in the regulations at 34 

CFR 5b.5, including proof of identity. 

RECORD ACCESS PROCEDURESS: 

If you wish to gain access to records 

regarding you in this system of records, 

contact the system manager and provide 

your name, place of work (i.e. company, 

agency, etc.), and the dates of 

employment. Your request must meet 

the requirements in the regulations at 34 

CFR 5b.5, including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

a record regarding you, contact the 

system manager. Your request to amend 

a record must meet the requirements of 

43 CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in the records comes from 

individuals who have signed the 

affidavits of nondisclosure. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

Appendix to 18–13–02 

Additional System Locations 

National Center for Education Statistics, U.S. 

Department of Education, 555 New 

Jersey Avenue, NW., Washington, DC 

20202–5574. 

U.S. Bureau of the Census, Federal Office 

Building 3, Washington, DC 20233. 

WESTAT, 1650 Research Boulevard, 

Rockville, Maryland 20850. 

Research Triangle Institute, P.O. Box 12194, 

Research Triangle Park, North Carolina 

27709. 

National Opinion Research Center, 1155 E. 

60th Street, Chicago, Illinois 60637– 

2799. 

Educational Testing Service, 1825 Eye Street, 

NW, Suite 475, Washington, DC 20006. 

The Gallup Organization, One Church Street, 

Suite 900, Rockville, MD 20850. 

MPR Associates, 1995 University Avenue, 

Suite 225, Berkeley, CA 94704. 

Abt Associates, 55 Wheeler Street, 

Cambridge, MA 02138. 

Pelavin Research Institute, 1,000 Thomas 

Jefferson Street, Suite 400, Washington, 

DC 20007. 

Institute for Social Research, Survey 

Research Associates, University of 

Michigan, 426 Thompson, Ann Arbor, 

MI 48106. 

School of Education, University of Michigan, 

610 E. University, Ann Arbor, MI 48109. 

18–13–03 

SYSTEM NAME: 

National Center for Education 

Statistics’ National Assessment of 

Educational Progress. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

WESTAT, 1650 Research Boulevard, 

Rockville, MD 20850. 

Educational Testing Service, Rosedale 

Road, Princeton, NJ 08541. 

National Computer Systems, 2510 N. 

Dodge Street, Iowa City, IA 52245. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains information on 

the following individuals: (1) 

Individuals who leave school early as 

early graduates or as drop-outs (defined 

as 17-year-olds who are no longer in 

school) and are covered during a six 

month data verification period; (2) 

young adults in the study who are 

covered during a six month data 

verification period; and (3) individual 

schools which are covered under the 

National Assessment of Educational 

Progress (NAEP) statute (20 U.S.C. 9010 

(c)(2)(A)). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records contain responses to 

assessment and survey instruments. The 

contents of these instruments are of two 

types: (1) Cognitive test items to assess 

the educational achievement of students 

and young adults in various subject 

areas taught in school; and (2) questions 

about student demographic and 

background variables as well as the 

characteristics of teachers and schools. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

20 U.S.C. 9010. 

PURPOSE(S): 

The purpose of the National 

Assessment of Educational Progress 

(NAEP), funded by the Department of 

Education, is to provide information on 

the educational achievement of young 

Americans over time. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSES OF SUCH USES: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purposes for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the 

Act, under a computer matching 

agreement. 

During a six-month verification 

period, individually identifiable 

information about individuals who 

leave school early or are young adults is 

subject to the Privacy Act, and may be 

disclosed under routine uses that are 

consistent with the Commissioner’s 

authority under section 406(d)(4) of 

GEPA (20 U.S.C. 1221e-1(d)(4)). The 

routine uses that apply to this period 

permit disclosures to individuals who: 

(1) Take the oath and sign an affidavit 

of nondisclosure required under 20 

U.S.C. 9007; 

(2) Work for a contractor, grantee, or 

party to a cooperative agreement or 

other entity that has an agreement with 

the Commissioner to conduct research 

for National Center for Education 

Statistics (NCES), or 

(3) Work under a research contract, 

grant, or cooperative agreement with a 

Federal, State, or local agency that 

requires the use of individually 

identifiable information, and the 

research is compatible with the purpose 

for which NCES collected the data, or 

(4) Work under an agreement in 

writing to: 

(i) Use the information for statistical 

purposes only, 

(ii) Maintain the data in accordance 

with applicable Federal laws, 

(iii) Prohibit redisclosure in 

identifiable form, and 

(iv) Permit NCES’ periodic inspection 

to determine adherence to the contract 

or agreement. 

Regarding the records of individual 

schools, which, under 20 U.S.C. 

9010(c)(2)(A), must be treated as 

individuals subject to the Privacy Act, 

NCES may make routine use 

disclosures, consistent with the 

statistical purposes for which a record 

was supplied, as follows: 

(1) Contract Disclosure. If the 

Department contracts with an entity for 

the purposes of performing any function 

that requires disclosure of records in 

this system to employees of the 

contractor, the Department may disclose