30186 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

18–13–04 

SYSTEM NAME: 

Outcomes of Diversity in Higher 

Education Surveys. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

National Institute on Postsecondary 

Education, Libraries, and Lifelong 

Learning, U.S. Department of Education, 

555 New Jersey Avenue, NW., Room 

627, Washington, DC 20208–5531. See 

the Appendix at the end of this system 

notice for additional system locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains data on the 

following individuals: (1) 

Approximately 5500 students who were 

first-time freshmen in Fall 1998 at 9 

four-year institutions of higher 

education; (2) approximately 300 faculty 

who teach freshmen at those 

institutions; and (3) approximately 45 

administrators of those institutions. 

There will be follow-up data for spring 

of 1999 and spring of 2000 on the initial 

set of freshmen respondents. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system consists of responses to 

survey instruments and interview 

protocols. In addition to background 

and demographic data, the survey 

instruments include sets of items 

concerning perception of institutional 

commitment to diversity, attitudes, 

campus climate, knowledge of multiple 

cultures and pedagogy. The opinions of 

students, faculty and administrators 

concerning diversity and 

multiculturalism are also represented. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

20 U.S.C. 6031 (h) (Supp. 1998). 

PURPOSE(S): 

The information contained in the 

system is used for the following 

purposes: (1) To increase understanding 

of the effects of diversity in higher 

education on all students by examining 

incoming attitudes of first-time 

freshmen and changes in attitudes and 

cognitive development concerning 

issues of diversity and multiculturalism; 

and (2) to assess pedagogy and student 

participation, attainment, development, 

attitudes and knowledge. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSES OF SUCH USES: 

The Department may disclose 

information contained in a record 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 and only as needed to perform 

one or more of the following routine 

uses: 

(1) Contract Disclosure. When OERI 

intends to contract with a private firm 

for the purpose of collating, analyzing, 

aggregating, maintaining, appending, or 

otherwise refining records in this 

system, the Director 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 (20U.S.C. 1221e–1(d)(4)) with 

respect to such records. 

(2) Research Disclosure. Where the 

Director determines that an individual 

or organization is qualified to carry out 

specific research, the Director 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 Privacy Act of 

1974 and 20 U.S.C. 1221e–1(d)(4) 

safeguards with respect to such records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The research and location files will be 

stored on separate computer diskettes. 

RETRIEVABILITY: 

Aggregate files may be retrieved by 

title of survey. The location files will be 

destroyed upon completion of this 

project as there will be no future need 

to retrieve an individual record. Only 

the completed interview protocols will 

be retained in hard copy by title of 

individual interviewed at each of the 

nine institutions. 

SAFEGUARDS: 

The research files and location files 

cannot be merged in the form 

maintained and stored since the 

identification codes on each file are 

different. They can be related by use of 

an encryption algorithm known only to 

a few staff authorized to work with the 

data files. When in active use for 

editing, tabulation and analysis, files of 

information and identifiers will not be 

kept together unless necessary for data 

processing. Tapes, discs and 

questionnaires will be kept in locked 

files. 

RETENTION AND DISPOSAL: 

The records will be kept for five years 

after the final survey administration, in 

spring of 2000. In the spring of 2005, the 

records will be transferred to the 

Federal Records Center, where, after 15 

years, they will be destroyed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, National Institute on 

Postsecondary Education, Libraries and 

Lifelong Learning, U.S. Department of 

Education, 555 New Jersey Avenue, 

NW., Room 627, Washington, DC 

20208–5531. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you, contact the 

system manager at the address listed 

above. Your requests must meet the 

requirements in the regulations at 34 

CFR 5b.5. 

RECORD ACCESS PROCEDURES: 

Same as Notification Procedure. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

a record, contact the system manager. 

Any requests to amend a record must 

meet the requirements of 34 CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in the records comes from 

the responses to survey instruments. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

Appendix to 18–13–04 

Additional System Locations 

Mathtech, Inc., 6402 Arlington Blvd., Suite 

1200, Falls Church, VA 22042–2356. 

Mathtech, Inc., 202 Carnegie Center, Suite 

111, Princeton, NJ 08540–6239. 

Mathtech, Inc., 180 Pembrooke Circle, 

Phoenixville, PA 19460. 

18–14–01 

SYSTEM NAME: 

Educationally Disadvantaged 

Students Attending Private Schools 

Served Through Bypass Contracts. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Contractor serving the State of 

Virginia: Nonpublic Educational 

Services, Inc., 14416 Jefferson Davis 

Highway, Suite 11, Woodbridge, VA 

22191. 

Contractor serving the State of 

Missouri: Blue Hills Homes 

Corporation, 1020 East 63rd Street, 

Kansas City, MO 64110. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

selected elementary and secondary 

school students whom: 

(1) Attend private schools; 

(2) Reside in target areas of bypassed 

local educational agencies; and 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30187 

(3) Participate in the program for 

students who are failing or most at risk 

of failing under Title I of the Elementary 

and Secondary Education Act of 1965 as 

amended. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains student 

documents such as test scores, report 

cards, individual instructional records 

and reports from teachers to other 

teachers and parents. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Elementary and Secondary Education 

Act of 1965 1120(d), 20 U.S.C. 6321. 

PURPOSE(S): 

The information contained in this 

system is used for a variety of purposes. 

The standardized test scores obtained at 

the beginning of a year are used to 

determine the eligibility of students for 

participation in the Title I program. The 

report cards and reports of Title I 

teachers to regular classroom teachers 

and to parents are used to report the 

progress students are making during the 

school year. The scores on the 

achievement tests given at the end of a 

school year are used to measure the 

progress students have made during the 

year and the degree to which the 

objectives of the Title I progress have 

been met. The purpose of the individual 

instructional record is to provide a plan 

for meeting the students’ instructional 

needs. 

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 on 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. 

(1) Educational Disclosures. Title I 

teachers make information contained in 

this system of records available to 

regular classroom teachers and to the 

parents of those students to explain the 

eligibility of students and their progress 

in the Title I program. Supervisors of 

the Title I teachers also use the 

information contained in this system of 

records as a part of the monitoring 

process to measure progress being made 

toward achieving program objectives. 

(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) Congressional Member Disclosure. 

The Department may disclose records to 

a member of Congress from the record 

of an individual in response to an 

inquiry from the member made at the 

written request of that individual. The 

Member’s right to the information is no 

greater than the right of the individual 

who requested it. 

(4) 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 employee in his 

or her individual capacity if the 

Department of Justice (DOJ) has agreed 

to provide or arrange for representation 

for the employee; 

(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. 

(b) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation or ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(c) 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. 

(d) 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. 

(5) 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. 

(6) Employment, Benefit, and 

Contracting Disclosure. 

(a) For Decisions by the Department. 

The Department may disclose a record 

to a Federal, State, or local agency 

maintaining civil, criminal, or other 

relevant enforcement or other pertinent 

records, or to another public authority 

or professional organization, if 

necessary to obtain information relevant 

to a Department decision concerning the 

hiring or retention of an employee or 

other personnel action, the issuance of 

a security clearance, the letting of a 

contract, or the issuance of a license, 

grant, or other benefit. 

(b) For Decisions by Other Public 

Agencies and Professional 

Organizations. The Department may 

disclose a record to a Federal, State, 

local, or foreign agency or other public 

authority or professional organization, 

in connection with the hiring or 

retention of an employee or other 

personnel action, the issuance of a 

security clearance, the reporting of an 

investigation of an employee, the letting 

of a contract, or the issuance of a 

license, grant, or other benefit, to the 

extent that the record is relevant and 

necessary to the receiving entity’s 

decision on the matter. 

(7) Disclosure for Use by Other Law 

Enforcement Agencies. The Department 

may disclose information to any 

Federal, State, local, or foreign agency 

or other public authority responsible for 

enforcing, investigating, or prosecuting 

violations of administrative, civil, or 

criminal law or regulation if that 

information is relevant to any 

enforcement, regulatory, investigative, 

or prosecutive responsibility within the 

receiving entity’s jurisdiction. 

(8) 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 
30188 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

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. 

(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 as 

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

respect to the records in the system. 

(10) Research Disclosure. The 

Department may disclose records to a 

researcher if an appropriate official of 

the Department determines that the 

individual or organization to which the 

disclosure would be made is qualified to 

carry out specific research related to 

functions or purposes of this system of 

records. The official may disclose 

records from this system of records to 

that researcher solely for the purpose of 

carrying out that research related to the 

functions or purposes of this system of 

records. The researcher shall be 

required to maintain Privacy Act 

safeguards with respect to the disclosed 

records. 

DISCLOSURES 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: 

Each student’s records are kept in a 

separate file folder. All folders are filed 

in a locked filing cabinet in the Title I 

classroom. After a student no longer 

participates in the program, his or her 

records are transferred to the 

contractor’s office or storage facility 

where they are stored in locked filing 

cabinets. 

RETRIEVABILITY: 

The records are indexed by student 

names, school attended and year of 

attendance at that school. 

SAFEGUARDS: 

The records are secured in a locked 

filing cabinet. The key is kept by the 

Title I teacher. After a student no longer 

participates in the program, the records 

are transferred to the contractor’s office 

or storage facility where they are stored 

in a locked filing cabinet. Direct access 

is restricted to the Title I teacher and 

aide during the day-to-day program 

operation. The instructional supervisor, 

representatives of the contractor, and 

Department of Education staff have 

access during monitoring visits. 

RETENTION AND DISPOSAL: 

Records are maintained in the 

contractor’s office or storage facility for 

at least three years after final payment 

on the contract. Disposal of records are 

in accordance with the Department of 

Education Records Disposition 

Schedules (ED/RDS). 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Compensatory Education 

Programs, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 3W230, Washington, DC 20202. 

NOTIFICATION PROCEDURE: 

If a student or his or her parent or 

guardian wishes to determine whether a 

record exists regarding them in this 

system of records, he or she must notify 

the appropriate contractor for the State 

served by the bypass contract. The name 

and address of the appropriate 

contractor is listed under the system 

location of this notice. For 

identification, the authorized individual 

seeking information should provide the 

name, home address, and school of the 

student for whom information is being 

requested. The request must meet the 

requirements in the regulations at 34 

CFR 5b.5. 

RECORD ACCESS PROCEDURES: 

In order to gain access to a record in 

this system, you should contact the 

contractor listed in the system location 

or the system manager. You should 

provide the contractor with the 

information listed in the Notification 

Procedure of this notice and reasonably 

specify the record contents being 

sought. The request must meet the 

requirements of the regulations at 34 

CFR 5b.5, including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

the record of a participating Title I 

student, you should contact the 

contractor for the State served by the 

bypass contract. You should identify 

yourself and state, in writing, which 

portion of the record you desire to be 

changed and provide a justification and 

authorization for the change. The 

contractor will forward the request to 

the system manager. The request must 

meet the requirements of the regulations 

at 34 CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

The information in this system comes 

from test scores on achievement tests for 

program eligibility administered at 

private schools and class performance 

information from the regular class 

teachers. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–14–02 

SYSTEM NAME: 

Fellowships for Indian Students— 

Applications and Awards. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Office of Indian Education, Office of 

Elementary and Secondary Education, 

1250 Maryland Avenue, SW., Room 

4300, Portal Building, Washington, DC 

20202–6335. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

American Indians who are citizens of 

the United States or residents of the 

United States for other than a temporary 

purpose, who have been accepted by 

institutions of higher education in a 

program leading to an undergraduate or 

graduate degree in the fields of Business 

Administration, Engineering and 

Natural Resources or related fields, and 

graduate degree in the fields of 

education, law and medicine or related 

fields, and who have applied to 

Department’s Office of Indian Education 

for a fellowship. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Name, address, phone number, date 

and place of birth, tribal affiliation, 

tribal roll number, social security 

number, sex, marital status, citizenship, 

names of dependents, educational 

background, employment background, 

educational transcripts, references, 

income information, admission test 

scores. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Indian Education Act of 1972, as 

amended, Pub. L. 92–318, Part B, 

section 423. 

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