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[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3009-3011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-972]

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DEPARTMENT OF EDUCATION

Privacy Act of 1974; System of Records--Impact Evaluation of 
Title I Supplemental Educational Services

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 Title 
I Supplemental Educational Services.'' The National Center for 
Education Evaluation and Regional Assistance at the Department's 
Institute of Education Sciences (IES) commissioned this study to 
evaluate the effectiveness of Title I Supplemental Educational Services 
(SES) in improving the reading or mathematics achievement, or both, of 
students in Title I schools that have failed to make adequate yearly 
progress for three years.
    Section 1116 of the Elementary and Secondary Education Act of 1965, 
as amended by the No Child Left Behind Act of 2001 (20 U.S.C. 6316), 
requires districts with Title I schools that fail to make adequate 
yearly progress for three years or more to offer SES to students from 
low-income families who attend these schools. SES are tutoring and 
other supplemental academic enrichment services that are offered in 
addition to instruction provided during the regular school day and are 
provided by State-approved providers free of charge to eligible 
students. Parents can choose the specific SES provider from among a 
list approved to serve their district. The Department has contracted 
with Mathematica Policy Research, Inc. to evaluate the impact of SES on 
student achievement in up to twelve school districts across the 
country.
    The study will address the following questions:
    (1) What is the impact of participation in Title I SES on student 
achievement in reading and mathematics?
    (2) Are district characteristics and practices, SES provider 
characteristics and services, and student characteristics related to 
the impact on student achievement?
    The evaluation will target school districts where Title I SES are 
oversubscribed. When more students apply for SES than the district is 
able to serve, under statute, the district must give priority to the 
lowest-achieving students. The students who apply but do not meet the 
achievement level criteria are an unbiased comparison group for the 
students who do participate in SES.
    The system will contain information about approximately 50,000 
third- to eighth-graders from up to twelve school districts. The system 
of records will include individually identifying information about the 
student applicants participating in the evaluation, including names; 
demographic information such as race, ethnicity, gender, age, and 
educational background; level of participation in SES programs; and 
scores on State reading and mathematics achievement tests.

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 
February 17, 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 January 13, 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 February 23, 2009 or (2) February 17, 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 502E, Washington, DC 20208-0001. Telephone: 
(202) 208-7085. If you prefer to send comments through the Internet, 
use the following address: [email protected].
    You must include the term ``Impact Evaluation of Supplemental 
Educational Services'' 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 8:00 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

[[Page 3010]]

person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Dr. Audrey Pendleton. Telephone: (202) 
208-7085. 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 can obtain this document in an 
alternative 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 intended 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: January 13, 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:
18-13-20

SYSTEM NAME:
    Impact Evaluation of Title I Supplemental Educational Services.

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 Alexander Park, 
Princeton, NJ 08540-2393 and 955 Massachusetts Avenue, Suite 801, 
Cambridge, MA 02139-3226.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on third-to eighth-grade students who 
are participating in an evaluation of the effectiveness of Title I 
Supplemental Educational Services (SES). Parents will apply to their 
school districts for their child to participate in SES. For students 
whose parents apply for them to participate in SES, the districts will 
provide to the Department's contractor demographic data, data on 
student achievement, and will report on whether or not students were 
selected to participate in SES. SES providers will provide information 
to the Department's contractor on the services provided to students.
    The system will contain information about approximately 50,000 
third- to eighth-graders. In up to twelve school districts, 
approximately 50,000 students are expected to apply to participate in 
Title I SES provided by the district, private providers, or both.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system of records will include individually identifying 
information about the student applicants participating in the 
evaluation, including names; demographic information such as race, 
ethnicity, gender, age, and educational background; level of 
participation in SES programs; scores on State reading or mathematics 
achievement tests, or both; and, for each student participating in SES, 
the name and characteristics of SES provider organizations such as type 
of provider (district, private for profit, non-profit, community-based 
organization), location (at student's school or not at student's 
school), delivery method (teacher, technology, distance learning), and 
delivery group size (one-on-one, small group, large group).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The evaluation is authorized under section 1501(a)(2) of the 
Elementary and Secondary Education Act of 1965, as amended by the No 
Child Left Behind Act of 2001 (20 U.S.C. 6491(a)(2)), as well as 
sections 171(b) and 173 of the Education Sciences Reform Act of 2002 
(ESRA) (20 U.S.C. 9561(b) and 9563).

PURPOSE(S):
    The information in this system is used for the following purpose: 
To evaluate the effectiveness of Title I SES in improving the reading 
or mathematics achievement, or both, of students in Title I schools 
that have failed to make adequate yearly progress for three years.

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 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 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

[[Page 3011]]

those employees. Before entering into such a contract, the Department 
will 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.) maintains 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 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 will establish similar sets of procedures at its 
sites to ensure confidentiality of data. The contractor's system is 
required to ensure that information identifying individuals is in files 
physically separated from other research data. The contractor 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 contractor 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 and cyber 
security of electronic data will also be maintained. Security features 
that protect project data include: Password-protected accounts that 
authorize users to use the contractor's 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 employees who 
``maintain'' (collect, maintain, use, or disseminate) data in this 
system must 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, Items 4b and 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 the regulations in 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 
the regulations in 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 in 34 CFR 5b.7, including proof of 
identity.

RECORD SOURCE CATEGORIES:
    The system of records will include individually identifying 
information collected from school districts on third-to eighth graders 
applying to participate in Title I SES and the SES provider 
organization for each student participating in SES. Data collected will 
include information about the student applicants participating in the 
evaluation, including names; demographic information such as race, 
ethnicity, gender, age, and educational background; level of 
participation in SES programs; scores on State reading or mathematics 
achievement tests, or both; and, for each student participating in SES, 
the name and characteristics of SES provider organizations such as type 
of provider (district, private for profit, non-profit, community-based 
organization), location (at student's school or not at student's 
school), delivery method (teacher, technology, distance learning), and 
delivery group size (one-on-one, small group, large group).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

 [FR Doc. E9-972 Filed 1-15-09; 8:45 am]
BILLING CODE 4000-01-P
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