Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.4 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				  identifiable information that is collected, maintained, and retrieved by the
				  agency by personal identifier in record systems as defined in rule X.1(17A,22).
				  For each record system, this rule describes the legal authority for the
				  collection of that information and indicates whether a data processing system
				  matches, collates, or permits the comparison of personally identifiable
				  information in one record system with that in another record system. The record
				  systems maintained by the agency include:
(1)
Staff records of the basic
				educational data survey.
Records of employees of area educational
				agencies, merged area schools, and approved public and private schools, whose
				positions require an Iowa teacher's certificate and contain such personally
				identifiable information as name, Iowa teacher's certificate number, and social
				security number. Other data collected are date of birth, teaching experience,
				sex, current position and assignments. This information is collected pursuant
				to Iowa Code section 256.9(18). Data
				processing systems match, collate, and compare the personally identifiable
				information of the staff records with that of teacher certification
				records.
(2)
Driver
				education records.
Driver education records contain personally
				identifiable information such as name, driver's license number, and Iowa
				teacher's certificate number collected pursuant to Iowa Code section
				321.178. Data processing systems
				match, collate, and compare the personally identifiable information of the
				driver education records with that of the teacher certification records and
				BEDS staff records.
(3)
Bus
				driver permit records.
Bus driver permit records contain personally
				identifiable information such as name, social security number, driver's license
				number, and bus driver's permit number collected pursuant to Iowa Code sections
				321.376 and 285.11(10) and
				281-Chapter 43. Data processing systems match, collate, and compare the
				personally identifiable information of the bus driver permit numbers with that
				of bus accident records.
(4)
Teacher certification records.
Teacher certification records
				contain information about each individual issued an Iowa teacher's certificate.
				These records contain such personally identifiable information as name,
				teacher's certificate number and social security number. Other data collected
				are date of birth, type and source of degree, completion of mandatory
				postgraduation coursework, experience, and the subjects and grade level
				authorized to teach. This information is collected pursuant to Iowa Code
				section 256.7(3)  and
				256.7(5). Data
				processing systems match, collate, and compare the personally identifiable
				information of the teacher certification records with that of BEDS staff
				records, driver education records, and career education records.
(5)
Exceptional child
				survey.
These records are exempt from disclosure under Iowa Code
				section 22.7(1). The
				information gathered by this system relates to children and youth eligible for
				special education. Each student record contains a code derived from the child's
				name and birth date. The coded identifier is the personally identifiable
				information. Information in each record pertains to the child's condition and
				the special education instructional and support-related services provided to
				the child. Each record may also contain the child's teacher's name and teaching
				certificate number. This information is collected pursuant to Iowa Code chapter
				256B and 34 CFR Parts 300 and 303. Procedures for protection of and access to
				this information are set forth in this state's plan under
				20 U.S.C. §
										1401 et seq. These policies and procedures
				comply with the Family Educational Rights and Privacy Act of 1974 ( 34 CFR Part
				90) and 34 CFR Part 300 .
This information is stored in an automated data processing
				  system that does not match, collate, or compare the personally identifiable
				  information of the exceptional child survey records with the personally
				  identifiable information of other records systems.
(6)
Department approval-special
				education placements.
These are requests for approval to place a pupil
				eligible for special education in an out-of-state educational program and would
				contain personally identifiable information such as the pupil's name, birth
				date, residence, condition and other information relative to the identified
				special education needs of the pupil. Response to these requests for department
				approval would contain similar information.
This information is collected pursuant to Iowa Code section
				  273.3(5). Data
				  processing systems do not match, collate, or compare the personally
				  identifiable information with other records. All personally identifiable
				  information gathered through this effort is confidential under the provisions
				  of 34 CFR Parts 90 and 300.
(7)
Special education complaint
				management system.
Information gathered in this record system is
				utilized as documentation of concerns or complaints related to special
				education programs and services to children with disabilities under the
				provisions of 34 CFR Part 300 . Personally identifiable information includes
				the student's name, parent's name, and the nature of the concern or complaint
				being registered. Data processing systems do not match, collate, or compare
				personally identifiable information from these records with personally
				identifiable information of other records systems. Personally identifiable
				information gathered by this system is confidential under the provisions of 34
				CFR Parts 90 and 300.
(8)
Deaf-blind student registry.
This data collection system
				gathers information related to deaf-blind children and youth in Iowa.
				Personally identifiable information items would include the child's name, birth
				date, location, and services being provided to the child. Information is
				utilized to plan programs and services for all deaf-blind children and their
				families in the state. Data processing systems do not compare, collate or match
				personally identifiable information in this system with personally identifiable
				information in other data systems. Personally identifiable information gathered
				and maintained by this system is confidential under the provisions of 34 CFR
				Parts 90 and 300.
(9)
Career education records.
Career education records contain
				personally identifiable information such as the names and certificate numbers
				of staff members employed to conduct career education programs. Other data
				collected concern approvals, reimbursements, enrollments, expenditures, and
				student characteristics, and completion status relating to career education
				programs. This information is collected pursuant to Iowa Code chapter 256,
				subchapter VII, part 2. Data processing systems match, collate, and compare the
				personally identifiable information of career education records with that of
				teacher certification records.
(10)
Drinking driver course records.
These records contain such
				personally identifiable information as name, address, birth date and social
				security number. Other data collected are the driver's pre- and post-test
				scores. This information is collected pursuant to Iowa Code chapter 321J. Data
				processing systems in this agency do not match, collate, or compare the
				personally identifiable information of drinking driver records with other
				record systems.
(11)
Personnel records.
The agency has records concerning
				individual agency employees, some of which may contain confidential information
				under Iowa Code section
				22.7(11)  and
				other legal provisions. Personnel records may be subject to the rules of the
				department of administrative services.
(12)
Special project
				applications.
Applications from public school districts may contain
				personally identifiable information about qualifications of project staff
				members. No personally identifiable student data are collected. This
				information is collected pursuant to Iowa Code sections
				257.42 through 257.46.
(13)
Grants/awards/projects.
Records of persons or agencies applying for grants, awards, or funds for
				projects may contain information about individuals collected pursuant to
				specific federal or state statutes or regulations. This information may be
				stored in an automated data processing system.
(14)
Appeal records.
These
				records contain data supplied by persons or entities appealing to the agency
				and may contain personally identifiable information such as student name, age,
				scholastic and disciplinary record, and status as regular or special education
				pupil. This information is collected pursuant to Iowa Code chapters 256B, 275,
				280, 282, and 285. The personally identifiable information is not matched,
				collated, or compared with data in other record systems.
(15)
Litigation files.
These
				files or records contain information regarding litigation or anticipated
				litigation, which includes judicial and administrative proceedings. The records
				include briefs, depositions, docket sheets, documents, correspondence, attorney
				notes, memoranda, research materials, witness information, investigation
				materials, information compiled under the direction of the attorney, and case
				management records. The files contain materials that are confidential as
				attorney work product and attorney-client communications. Some materials are
				confidential under other applicable provisions of law or because of a court
				order. Persons wishing copies of pleadings and other documents filed in
				litigation should obtain these from the clerk of the appropriate court that
				maintains the official copy.