[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28206-28209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13053]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2017-IES-0150]


Privacy Act of 1974; System of Records

AGENCY: Institute of Education Sciences, Department of Education.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice of a new system of records entitled ``Impact Evaluation of 
Academic Language Intervention (18-13-43).'' This system contains 
individually identifying information provided by individuals and school 
districts that participate in the impact evaluation. The information in 
this system will be used to conduct a rigorous study of the 
effectiveness of an academic language intervention on English Learner 
(EL) students' and disadvantaged non-EL students' language and reading 
skills.

DATES: Submit your comments on this new system of records notice on or 
before July 18, 2018.
    This new system of records will become applicable upon publication 
in

[[Page 28207]]

the Federal Register on June 18, 2018, unless the new system of records 
notice needs to be changed as a result of public comment. The routine 
uses listed under ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 
INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become 
applicable on July 18, 2018, unless the new system of records notice 
needs to be changed as a result of public comment. The Department will 
publish any significant changes to the system of records or routine 
uses that result from public comment.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
    <bullet> Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``help'' tab.
    <bullet> Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this new system of records, address 
them to: Teresa Cahalan, SORN coordinator, Institute of Education 
Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th 
Street SW, Room 4126, Washington, DC 20202.

    Privacy Note:  The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.

    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Teresa Cahalan, SORN coordinator, 
Institute of Education Sciences, U.S. Department of Education, Potomac 
Center Plaza, 550 12th Street SW, Room 4126, Washington, DC 20202 or by 
email at <a href="/cdn-cgi/l/email-protection#5d14180e020e120f131d3839733a322b"><span class="__cf_email__" data-cfemail="d59c90868a869a879b95b0b1fbb2baa3">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service, toll free, at 
1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction:

    The information in this system will be used to conduct a rigorous 
study of the effectiveness of an academic language intervention on EL 
students' and disadvantaged non-EL students' language and reading 
skills.
    The study will address the following central research questions: 
What is the impact of the academic language intervention on student 
achievement? What is the impact of the academic language intervention 
on classroom instruction? Was the academic language intervention 
implemented with fidelity? Is there variation in the implementation or 
impact of the academic language intervention?
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other 
documents of this Department published in the Federal Register, in text 
or Portable Document Format (PDF). To use PDF you must have Adobe 
Acrobat Reader, which is available free at this site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 13, 2018.
Mark Schneider,
Director, Institute of Education Sciences.
SYSTEM NAME AND NUMBER
    Impact Evaluation of Academic Language Intervention (18-13-43).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    MDRC, 16 East 34th Street, 19th Floor, New York, NY 10016-4326 
(contractor).
    Abt Associates, 55 Wheeler Street, Cambridge, MA 02138-1168 
(contractor).

SYSTEM MANAGER(S):
    Project's contracting officer representative, U.S. Department of 
Education, Potomac Center Plaza, 550 12th Street SW, Room 4114-1, 
Washington, DC 20202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The evaluation is authorized under sections 171(b) and 173 of the 
Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 
9563) and section 8601 of the Elementary and Secondary Education Act of 
1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7981).

PURPOSE(S) OF THE SYSTEM:
    The information in this system will be used to conduct a rigorous 
study of the effectiveness of an academic language intervention on 
English Learner (EL) students' and disadvantaged non-EL students' 
language and reading skills.
    The study will address the following central research questions: 
What is the impact of the academic language intervention on student 
achievement? What is the impact of the academic language intervention 
on classroom instruction? Was the academic language intervention 
implemented with fidelity? Is there variation in the implementation or 
impact of the academic language intervention?

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system of records will include individually identifying 
information about teachers who participate in the evaluation and their 
students. The system will contain records on approximately 560 teachers 
and 9,520 students from up to nine school districts.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For teachers, this information will include, but will not 
necessarily be limited to, teacher name, contact information, ratings 
of teaching practice, background characteristics, teaching experience 
and training, education, and fidelity of academic language instruction 
conducted by the teacher as assessed by the study team through 
observation. For students, this information will include, but will not 
necessarily be limited to, student name, date of birth, EL status, 
gender, primary language, race/ethnicity, grade,

[[Page 28208]]

eligibility for free/reduced-price lunches, individualized education 
plan status, standardized math and English/Language Arts test scores, 
grades, and retention/promotion decisions.

RECORD SOURCE CATEGORIES:
    Data in this system will be obtained through: human resource and 
student education records maintained by the school districts; 
observations of classroom practice conducted by the study team; surveys 
of teachers administered by the study team; and assessments 
administered to students by the study team.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The Department may disclose information 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. The Department may make 
these disclosures on a case-by-case basis. Any disclosure of 
individually identifiable information from a record in this system must 
also comply with the requirements of section 183 of the ESRA (20 U.S.C. 
9573) providing for confidentiality standards that apply to all 
collection, reporting, and publication of data by the Institute of 
Education Sciences. Any disclosure of personally identifiable 
information from student education records that were obtained from 
school districts must also comply with the requirements of the Family 
Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR 
part 99), which protects the privacy of student education records.
    (1) Teacher Identification Disclosure. In order for the Department 
to link teacher data that the Department maintains as part of this 
study to the education records of that teacher's students maintained by 
the participating school districts for purposes consistent with the 
conduct of the study, the Department may disclose to each participating 
school district the identities of teachers from that school district 
who are participating in this study.
    (2) 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. As part of such a 
contract, the Department will require the contractor to agree to 
safeguards to protect the security and confidentiality of the records 
disclosed from this system.
    (3) Research Disclosure. The Director of the Institute of Education 
Sciences may disclose information from this system of records to 
qualified researchers solely for the purpose of carrying out specific 
research that is compatible with the purpose(s) of this system of 
records. The researcher must agree to safeguards to protect the 
security and confidentiality, consistent with section 183(c) of the 
ESRA (20 U.S.C. 9573(c)), of the records disclosed from this system. 
When personally identifiable information from a student's education 
record will be disclosed to the researcher, under FERPA (20 U.S.C. 
1232g(b) and 34 CFR 99.31), the researcher also must agree to comply 
with the requirements in the applicable FERPA exception to consent.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system of records are maintained in a secure, 
password-protected electronic system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system will be indexed and retrieved by a unique 
number assigned to each teacher or student that will be cross-
referenced by the individual's name on a separate list.
    The contractors' employees who ``maintain'' (collect, maintain, 
use, or disseminate) data in this system must comply with the 
requirements of the Privacy Act of 1974, as amended (Privacy Act) and 
the confidentiality standards in section 183 of the ESRA (20 U.S.C. 
9573).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Department shall submit a retention and disposition schedule 
that covers the records contained in this system to the National 
Archives and Records Administration (NARA) for review. The records will 
not be destroyed until such time as NARA approves said schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security protocols for this system of records meet all required 
security standards. Contractors are required to ensure that information 
identifying individuals is in files physically separated from other 
research data and electronic files identifying individuals are 
separated from other electronic research data files. Contractors will 
maintain security of the complete set of all master data files and 
documentation. Access to individually identifiable data will be 
strictly controlled. All information will be kept in locked file 
cabinets during nonworking hours, and work on hardcopy data will take 
place in a single room, except for data entry.
    Physical security of electronic data also will be maintained. 
Security features that protect project data will include: Password-
protected accounts that authorize users to use the contractors' systems 
but to access only specific network directories and network software; 
user rights and directory and file attributes that limit those who can 
use particular directories and files and determine how they can use 
them; and additional security features that the network administrators 
will establish for projects as needed. The contractors' employees who 
``maintain'' (collect, maintain, use, or disseminate) data in this 
system must comply with the requirements of the Privacy Act and the 
confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).

RECORD ACCESS PROCEDURES:
    If you wish to request access to your records, you should contact 
the system manager at the address listed under SYSTEM MANAGER AND 
ADDRESS. Your request must provide necessary particulars of your full 
name, address, telephone number, and any other identifying information 
requested by the Department while processing the request, to 
distinguish between individuals with the same name. Your request must 
meet the requirements of regulations in 34 CFR 5b.5, including proof of 
identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in the 
system of records, contact the system manager. Your request must meet 
the requirements of the regulations in 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to inquire whether a record exists regarding you in 
this system, you should contact the system manager at the address 
listed above. Your request must provide necessary particulars of your 
full name, address, telephone number, and any other identifying 
information requested by the Department while processing the request, 
to distinguish between individuals with the same name. Your request 
must meet the requirements of the Department's Privacy Act regulations 
at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[[Page 28209]]

HISTORY:
    None.

[FR Doc. 2018-13053 Filed 6-15-18; 8:45 am]
 BILLING CODE 4000-01-P


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