Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 5 - Public Records and Fair Information Practices › Rule 281-5.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				  identifiable information which is collected, maintained, and retrieved by the
				  agency by personal identifier in record systems as defined in rule 5.1(256).
				  For each record system, this rule describes the legal authority for the
				  collection of that information, the means of storage 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
				  are:
(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 subsection
				256.9(18)
				 and 281-subrule 11.1(4), and is stored on
				paper and in an automated data processing system. 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
				and 281-Chapter 26, and are stored on paper and in an automated data processing
				system. 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, and are stored on paper
				and in an automated data processing system. Data processing systems match,
				collate, and compare the personally identifiable information of the bus driver
				permit numbers with that of bus accident records.
(4)
Bus accident records.
Bus accident records contain one item of personally identifiable information:
				the driver's social security number collected pursuant to Iowa Code section
				321.376
				and 281-Chapter 43 and are stored on paper and in an automated data processing
				system. Data processing systems match, collate, and compare the personally
				identifiable information of the bus accident records with that of bus driver
				permit records.
(5)
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 sections
				256.7(3)
				 and
				256.7(5),
				Iowa Code chapter 260, and 281-Chapters 84 to 88 and 73 to 75, and is stored on
				paper and in an automated data processing system. 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.
(6)
Exceptional child
				survey.
These records are exempt from disclosure under Iowa Code
				subsection
				22.7(1).
				The information gathered by this system relates to children and youth
				identified as handicapped and in need of 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 handicapping 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 301(1986). Procedures for protection of and access to this
				information are set forth in this state's plan under the Education of All the
				Handicapped Act, 20 U.S.C. §1401 et seq. These policies and procedures are
				in compliance with the Family Educational Rights and Privacy Act of 1974 ( 34
				CFR, Part 90) and 34 CFR sections 300.129, 300.560 -576, Confidentiality of
				Information, Part B, EHA, as amended (1986).
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.
(7)
Rule exception requests and
				adjusted program reports.
Information gathered by this form relates to
				excepting the rules of special education in certain circumstances in order to
				provide a program of educational services to an identified handicapped child or
				children. These rule exception requests and adjusted program reports could
				contain personally identifiable information on pupils involved in the special
				circumstance.
This information is collected pursuant to Iowa Code chapters
				  256B and 273 and lAC 281-subrules 41.30(1) and 41.30(2). This information is
				  stored on paper and is not on any automated data processing system. All
				  personally identifiable information gathered through this effort is
				  confidential under the provisions of 34 CFR, Parts 90 and 300(1986) and Iowa
				  Code section
				  22.7(1).
(8)
Department
				approval
-
special education placements.
These are
				requests for approval to place a handicapped pupil in an out-of-state
				educational program and would contain personally identifiable information such
				as the pupil's name, birth date, residence, handicapping 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
				  subsection 273.3(5) and is stored on paper 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(1986).
(9)
Chapter I, ECIA,
				state-operated programs for the handicapped.
Local education agency
				student transfers. Information gathered by this system is related to
				handicapped children who were served in the state-operated program for the
				handicapped, counted under the provisions of 34 CFR 302(1986), and who have
				subsequently exited that program and enrolled in a special education program in
				a local education agency within the state. The personally identifiable
				information consists of the child's name, birth date, disability, and the local
				education agency to which the child has exited. This data is collected pursuant
				to 34 CFR, Part 302(1986), State-Operated Programs for the Handicapped. This
				data is collected and stored on paper and is not automated. Data processing
				systems do not match, collate, or compare the personally identifiable
				information of other record systems. This data is utilized to determine if an
				LEA is eligible to apply for Chapter 1 funds under the provisions of 34 CFR,
				Part 302(1986).
(10)
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 handicapped
				children as required under the provisions of 34 CFR, Part 300(1986). Personally
				identifiable information includes the student's name, handicapping condition,
				parent's name, and the nature of the concern or complaint being registered. The
				information is gathered and stored on paper and is not in an automated data
				processing system. 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(1986).
(11)
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. This information is gathered pursuant to the provisions
				of 34 CFR, Part 307(1986). The system is stored on paper and is not on any
				state automated data processing system. 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(1986).
(12)
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 258 and is stored on paper and in an
				automated data processing system. Data processing systems match, collate, and
				compare the personally identifiable information of career education records
				with that of teacher certification records.
(13)
Job Training Partnership Act
				(JTPA) records.
Job Training Partnership Act (JTPA) records contain
				personally identifiable information such as the name and social security number
				of each JTPA client. Other data collected include training progress, profits,
				and expenditures. This information is collected pursuant to 29 U.S.C. 1603
				§ 203 and 20 CFR, Part 630 (1986), and is stored on paper and in an
				automated data processing system. Data processing systems do not match,
				collate, or compare the personally identifiable information of JTPA records
				with that of other record systems.
(14)
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 section 321 J. 12 and is stored on paper and in
				an automated data processing system. Data processing systems in this agency do
				not match, collate, or compare the personally identifiable information of
				drinking driver records with other record systems.
(15)
Robert C. Byrd honors
				scholarships.
Records contain personally identifiable information
				about applicants for these scholarships including name, social security number,
				home address, and telephone number Other data are parents' names and
				applicant's scholastic achievements, including grades. Information is collected
				in order to determine eligibility for the Byrd scholarships, funded under
				20 U.S.C.
				1070d-31, et seq. Information is stored on
				paper and in an automated data processing system. Data processing systems do
				not match, collate, or compare personally identifiable information of these
				records with that of other record systems. These records or portions may be
				declared confidential under Iowa Code section
				22.7(1).
(16)
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 personnel.
(17)
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. Information is
				stored on paper and in an automated data processing system. This information is
				collected pursuant to Iowa Code sections 442.31 to 442.35.
(18)
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.
(19)
Phase I, II, and III
				records.
These records contain the names, social security numbers, and
				salaries of teachers in districts applying for phase funding. This information
				is collected pursuant to Iowa Code chapter 294A and is stored on paper and in
				an automated data processing system which may match, collate, or compare
				personally identifiable information in these records with records in another
				record system.
(20)
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, 260, 275, 280, 282, 285, and 290 and is stored on
				paper and is not in an automated data processing system. The personally
				identifiable information is not matched, collated, or compared with data in
				other record systems.
(21)
Teacher certification decisions.
These licensing decisions
				contain data such as teacher's name and facts surrounding disciplinary action
				(suspension or revocation) taken by the state board of education. This
				information is collected pursuant to Iowa Code chapters 272A and 260 and
				281-Chapter 7.
(22)
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, attorneys notes, memoranda, research
				materials, witness information, investigation materials, information compiled
				under the direction of the attorney, and case management records. The files
				contain materials which 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 which maintains the official copy.