Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12345 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this final 

regulatory action. 

The potential costs associated with 

this final regulatory action are those 

resulting from statutory requirements 

and those we have determined as 

necessary for administering this 

program effectively and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this final regulatory 

action, we have determined that the 

benefits of the final requirements, 

definitions, and selection criteria justify 

the costs. 

We have determined, also, that this 

final regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

We fully discussed the costs and 

benefits of this regulatory action in the 

notice of proposed requirements, 

definitions and selection criteria. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to this Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 

1–888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: March 19, 2009. 

Dennis L. Berry, 

Acting Assistant Secretary for Vocational and 

Adult Education. 

[FR Doc. E9–6441 Filed 3–23–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Privacy Act of 1974; System of 

Records—Evaluation of Moving HighPerforming Teachers to LowPerforming Schools 

AGENCY: Institute of Education Sciences, 

Department of Education. 

ACTION: Notice of a new system of 

records. 

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 ‘‘Evaluation of Moving HighPerforming Teachers to Low-Performing 

Schools’’ (18–13–21). The National 

Center for Education Evaluation and 

Regional Assistance at the Department’s 

Institute of Education Sciences (IES) 

commissioned this evaluation. It will be 

conducted under a contract that IES 

awarded in September 2007. 

The central research question that the 

study will address is: What impacts on 

student achievement do highperforming teachers have when they are 

placed in low-performing schools? 

The system will contain elementary 

and middle school student records and 

teacher information for approximately 

10 school districts. 

The evaluation will target 10 school 

districts where linked student-teacher 

school records, including test score 

data, are available for the last four years 

for all enrolled students. The system of 

records will include elementary and 

middle school student test score 

records, student demographic data, and 

their teachers’ demographic data and 

teaching experience. Across the 10 

school districts, data will be collected 

on approximately 200 teachers and 3680 

students in their classrooms. 

The system of records will include 

personally identifying information 

about the students in the participating 

teacher classrooms, including 

demographic information such as race, 

ethnicity, gender, age, and educational 

background; and scores on State reading 

and mathematics achievement tests. The 

system of records will also include 

personally identifying information 

about teachers participating in the 

evaluation, including demographic 

information such as race, ethnicity, 

gender, and educational background; 

and teaching experience. 

DATES: The Department seeks comment 

on the new system of records described 

in this notice, in accordance with the 

requirements of the Privacy Act. We 

must receive your comments on the 

proposed routine uses for the system of 

records referenced in this notice on or 

before April 23, 2009. 

The Department filed a report 

describing the new system of records 

covered by this notice with the Chair of 

the Senate Committee on Homeland 

Security and Governmental Affairs, the 

Chair of the House Committee on 

Oversight and Government Reform, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB) on March 19, 2009. This system 

of records will become effective at the 

later date of—(1) the expiration of the 

40-day period for OMB review on April 

28, 2009 or (2) April 23, 2009, unless 

the system of records needs to be 

changed as a result of public comment 

or OMB review. 

ADDRESSES: Address all comments about 

the proposed routine uses to Dr. Audrey 

Pendleton, Acting Associate 

Commissioner, Evaluation Division, 

National Center for Education 

Evaluation and Regional Assistance, 

Institute of Education Sciences, U.S. 

Department of Education, 555 New 

Jersey Avenue, NW., Room 502D, 

Washington, DC 20208–0001. 

Telephone: (202) 208–7078. If you 

prefer to send comments through the 

Internet, use the following address: 

comments@ed.gov. 

You must include the term 

‘‘Evaluation of Moving High-Performing 

Teachers to Low-Performing Schools’’ in 

the subject line of the electronic 

message. 

During and after the comment period, 

you may inspect all comments about 

this notice at the U.S. Department of 

Education in Room 502D, 555 New 

Jersey Avenue, NW., Washington, DC, 

between the hours of 8 a.m. and 4:30 

p.m., Eastern time, Monday through 

Friday of each week except Federal 

holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record: 

On request, we supply an appropriate 

aid, such as a reader or print magnifier, 

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 aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Audrey Pendleton. Telephone: (202) 

208–7078. If you use a 

telecommunications device for the deaf 

(TDD), you may call the Federal Relay 

Service (FRS) at 1–800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

mstockstill on PROD1PC66 with NOTICES

12346 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed in 

this paragraph. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Privacy Act (5 U.S.C. 552a) 

requires the Department to publish in 

the Federal Register this notice of a new 

system of records maintained by the 

Department. The Department’s 

regulations implementing the Privacy 

Act are contained in part 5b of title 34 

of the Code of Federal Regulations 

(CFR). 

The Privacy Act applies to 

information about individuals that 

contains individually identifying 

information and that is retrieved by a 

unique identifier associated with each 

individual, such as a name or social 

security number. The information about 

each individual is called a ‘‘record,’’ 

and the system, whether manual or 

computer-based, is called a ‘‘system of 

records.’’ 

The Privacy Act requires each agency 

to publish a notice of a system of 

records in the Federal Register and to 

prepare and send a report to OMB 

whenever the agency publishes a new 

system of records. Each agency is also 

required to send copies of the report to 

the Chair of the Senate Committee on 

Homeland Security and Governmental 

Affairs and the Chair of the House 

Committee on Oversight and 

Government Reform. These reports are 

inc1uded to permit an evaluation of the 

probable effect of the proposal on the 

privacy rights of individuals. 

Electronic Access to This Document 

You may view this document, as well 

as all other documents of this 

Department published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister/index.html. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: March 19, 2009. 

Sue Betka, 

Acting Director, Institute of Education 

Sciences. 

For the reasons discussed in the 

preamble, the Director of the Institute of 

Education Sciences, U.S. Department of 

Education, publishes a notice of a new 

system of records to read as follows: 

18–13–21 

SYSTEM NAME: 

Evaluation of Moving HighPerforming Teachers to Low-Performing 

Schools. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

(1) Evaluation Division, National 

Center for Education Evaluation and 

Regional Assistance, Institute of 

Education Sciences (IES), U.S. 

Department of Education, 555 New 

Jersey Avenue, NW., Room 502E, 

Washington, DC 20208–0001. 

(2) Mathematica Policy Research, Inc., 

600 Maryland Avenue, SW., Suite 550, 

Washington, DC 20024–2512 

(contractor). 

(3) Optimal Solutions Group, 8100 

Professional Place, Suite 312, 

Hyattsville, MD 20785–2229 

(subcontractor). 

(4) The New Teacher Project, 186 

Joralemon Street, Suite 300, Brooklyn, 

NY 11201–4326 (subcontractor). 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system contains records on 

elementary and middle school students 

and teachers in approximately 10 school 

districts participating in an evaluation 

of the impact on improving student 

achievement of placing high-performing 

teachers in low-performing schools. In 

these 10 school districts, data will be 

collected on approximately 200 teachers 

and 3680 students in their classrooms. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The evaluation will contain 

information about 10 school districts 

where linked student-teacher school 

records, including test score data, are 

available for the last four years for all 

enrolled students. The system of records 

will include personally identifying 

information about elementary and 

middle school students participating in 

the evaluation, including demographic 

information such as race, ethnicity, 

gender, age, educational background, 

English language proficiency, disability 

status, eligibility for school lunch 

programs and mobility status; and 

scores on State reading and mathematics 

achievement tests. The system of 

records will also include personally 

identifying information about teachers 

participating in the evaluation, 

including demographic information 

such as race, ethnicity, and educational 

background; and teaching experience. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The evaluation is authorized under: 

(1) Sections 171(b) and 173 of the 

Education Sciences Reform Act of 2002 

(ESRA) (20 U.S.C. 9561(b) and 9563); 

and (2) section 9601(a) of the 

Elementary and Secondary Education 

Act of 1965 (ESEA), as amended by the 

No Child Left Behind Act of 2001 

(NCLB) (20 U.S.C. 7941(a)). The grant 

programs that are the subject of this 

evaluation are authorized under Part A 

of Title II of the ESEA, as amended by 

the NCLB (20 U.S.C. 6601–51). 

PURPOSE(S): 

The central purpose and reason why 

the Department is establishing this 

system of records is to evaluate the 

impact on improving student 

achievement of high-performing 

teachers who are placed in lowperforming schools. We seek to study 

the following additional research 

questions that are important for 

policymaking: 

(1) What is the overlap between highperforming teachers and low-performing 

schools? In other words, how serious is 

the unequal distribution of teacher 

talent? 

(2) How responsive to incentives are 

high-performing teachers? 

(3) What factors influence career 

decisions of high-performing teachers? 

(4) Who fills teaching vacancies in 

low-performing schools in the absence 

of incentives for high-performing 

teachers to move to low-performing 

schools? 

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 

Privacy Act, under a computer matching 

agreement. Any disclosure of 

individually identifying information 

from a record in this system must also 

comply with the requirements of section 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12347 

183 of the ESRA (20 U.S.C. 9573) 

providing for confidentiality standards 

that apply to all collections, reporting, 

and publication of data by IES. 

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. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable to this system notice. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The Department maintains records on 

CD-ROM, and the contractor 

(Mathematica Policy Research, Inc.) and 

subcontractors (Optimal Solutions 

Group and the New Teacher Project) 

maintain data for this system on 

computers and in hard copy. 

RETRIEVABILITY: 

Records in this system are indexed 

and retrieved by a number assigned to 

each individual that is cross-referenced 

by the individual’s name on a separate 

list. 

SAFEGUARDS: 

All physical access to the 

Department’s site and to the sites of the 

Department’s contractor and 

subcontractors, where this system of 

records is maintained, is controlled and 

monitored by security personnel. The 

computer system employed by the 

Department offers a high degree of 

resistance to tampering and 

circumvention. This security system 

limits data access to Department and 

contract staff on a need-to-know basis, 

and controls individual users’ ability to 

access and alter records within the 

system. The contractor and 

subcontractors will establish similar sets 

of procedures at their sites to ensure 

confidentiality of data. Their systems 

are required to ensure that information 

identifying individuals is in files 

physically separated from other research 

data. The contractor and subcontractors 

will maintain security of the complete 

set of all master data files and 

documentation. Access to individually 

identifying data will be strictly 

controlled. At each site all data 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 will also be 

maintained. Security features that 

protect project data include: Passwordprotected accounts that authorize users 

to use the contractor’s and 

subcontractors’ 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 contractor’s and subcontractors’ 

employees who ‘‘maintain’’ (collect, 

maintain, use, or disseminate) data in 

this system shall comply with the 

requirements of the confidentiality 

standards in section 183 of the ESRA 

(20 U.S.C. 9573). 

RETENTION AND DISPOSAL: 

Records are maintained and disposed 

of in accordance with the Department’s 

Records Disposition Schedules (ED/ 

RDS, Part 3, Item 2b and Part 3, Item 

5a). 

SYSTEM MANAGER AND ADDRESS: 

Acting Associate Commissioner, 

Evaluation Division, National Center for 

Education Evaluation and Regional 

Assistance, Institute of Education 

Sciences, U.S. Department of Education, 

555 New Jersey Avenue, NW., Room 

502E, Washington, DC 20208. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, contact the systems 

manager. Your request must meet the 

requirements of regulations at 34 CFR 

5b.5, including proof of identity. 

RECORD ACCESS PROCEDURE: 

If you wish to gain access to your 

record in the system of records, contact 

the system manager. Your request must 

meet the requirements of regulations at 

34 CFR 5b.5, including proof of identity. 

CONTESTING RECORD PROCEDURE: 

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 at 34 

CFR 5b.7, including proof of identity. 

RECORD SOURCE CATEGORIES: 

This system contains records on 

elementary and middle school students 

and teachers in school districts 

participating in an evaluation of the 

impact on student achievement of highperforming teachers who are placed in 

low-performing schools. Districts have 

databases (school records) that contain 

all the student information that the 

Department will use. As part of the 

evaluation, a district is providing the 

Department’s contractor with data files 

that contain the information on each 

student assigned to a teacher 

participating in the evaluation. Data 

collected from teachers will be collected 

from surveys that they fill out. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. E9–6445 Filed 3–23–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Proposed Agency Information 

Collection 

AGENCY: Department of Energy. 

ACTION: Notice and Request for OMB 

Review and Comment. 

SUMMARY: The proposed Industrial 

Labor Relations Collection will request 

information from the Department of 

Energy Facilities Management 

Contractors for contract administration, 

management oversight and cost control. 

The information collection will assist 

the Department in evaluating the 

implementation of the contractors’ work 

force restructuring plans and apprise the 

Department of significant labormanagement developments at DOE 

contractor sites. This information will 

be used to ensure that Department 

contractors recruit and retain a 

workforce in accordance with the terms 

of their contract and in compliance with 

statutory and regulatory requirements as 

identified by contract. 

DATES: Comments regarding this 

collection must be received on or before 

April 23, 2009. If you anticipate that 

you will be submitting comments, but 

find it difficult to do so within the 

period of time allowed by this notice, 

please advise the OMB Desk Officer of 

your intention to make a submission as 

soon as possible. The Desk Officer may 

be telephoned at 202–395–4650. 

ADDRESSES: Written comments should 

be sent to the DOE Desk Officer, Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, Room 10102, 

735 17th Street, NW., Washington, DC 

20503. 

And to: Karl E. Stoeckle, Business 

Management Specialist, LM–10.1, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

mstockstill on PROD1PC66 with NOTICES