[Federal Register: October 10, 2000 (Volume 65, Number 196)]
[Notices]
[Page 60172-60174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc00-45]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of Postsecondary Education, ED.
ACTION: Notice of a New System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Department of Education (ED) publishes this notice of a new system of
records entitled ``Teacher Quality Recruitment Scholarship System (18-
12-06).'' The system will contain information about the current and
former scholarship recipients, scholarship awards, terms of the
scholarship, data about the amount and percentage of teaching time,
certification and employing information about the employing school and
school district. The Department seeks comment on this new system of
records described in this notice, in accordance with the requirements
of the Privacy Act.
DATES: We must receive your comments on the proposed routine uses for
the system of records included in this notice on or before November 9,
2000. The Department filed a report describing the new system of
records covered by this notice with the Chair of the Committee on
Governmental Affairs of the Senate, the Chair of the Committee on
Government Reform and Oversight of the House, and the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB) on October 4, 2000. The changes made in this notice
will become effective after the 30-day period for OMB review of the
system expires on November 3, 2000, unless OMB gives specific notice
within the 30 days that the changes are not approved for implementation
or requests an additional 10 days for its review. The routine uses
become effective November 9, 2000 unless they need to be changed as a
result of public comment or OMB review. The Department will publish any
changes to the routine uses.
ADDRESSES: Address all comments about the proposed routine uses to John
Tressler, Office of Chief Information Officer, U.S. Department of
Education, 400 Maryland Avenue, SW., room 4082 ROB-3, Washington, DC
20202-4580. Telephone: (202) 708-8900. If you prefer to send comments
through the Internet, use the following address: Comments@ed.gov.
You must include the term ``SOR Teacher Quality'' in the subject
line of the electronic message.
During and after the comment period, you may inspect all comments
about this notice in room 4082 ROB-3, Seventh and D Streets, SW.,
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, you may call (202) 205-8113 or (202) 260-9895. If you use a
TDD, you may call the Federal Information Relay Service at 1-800-877-
8339.
FOR FURTHER INFORMATION CONTACT: Edward Crowe, U.S. Department of
Education, 1990 K Street, NW., room 6150, Washington, DC 20202-8525.
Telephone: 202-502-7762. If you use a telecommunications device for the
deaf (TDD), you may call the Federal Information Relay Service (FIRS)
at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
Introduction
The Privacy Act (5 U.S.C. 552a) (Privacy Act) requires the
Department to publish in the Federal Register this notice of a new
system of records managed by the Department. The Department's
regulations implementing the Act are contained in the Code of Federal
Regulations (CFR) in 34 CFR Part 5b.
The Privacy Act applies to information about individuals that
contain individually identifiable information and that may be 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 notices of systems of records in the Federal Register and to
prepare reports to the Office of Management and Budget (OMB) whenever
the agency publishes a new system of records.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use PDF you must have Adobe Acrobat Reader, which is available
free at either of the previous sites. 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.access.gpo.gov/nara/index.html.
Dated: October 4, 2000.
A. Lee Fritschler,
Assistant Secretary, Office of Postsecondary Education.
The Office of Postsecondary Education of the U.S. Department of
Education publishes a notice of a new system of records to read as
follows:
18-12-06
SYSTEM NAME:
Teacher Quality Recruitment Scholarship System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Teacher Quality Enhancement Grants Program, Office of Policy,
Planning, and Innovation, Office of Postsecondary Education, U.S.
Department of Education, 1990 K Street, NW., room 6151, Washington, DC
20006-8525.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who have been awarded
[[Page 60173]]
scholarships with funds provided under Title II of the Higher Education
Act by States or partnerships to prepare to become kindergarten through
twelfth-grade teachers.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of information about scholarship recipients,
including the amount and period of their scholarships and the
institution that awarded them; information about former recipients,
including data about the amount and percentage of time the teacher
spends teaching; information about the awarding entity; information
about the terms of the scholarship; the amount of the scholarship and
information about the employing school and the school district,
including a certification by the employing school or school district
that it meets the regulatory definition of high-need.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title II, Section 204(e) of the Higher Education Act of 1965, as
amended by the 1998 Higher Education Amendments, and 31 U.S.C. Chapter
37.
PURPOSE(S):
The information in this system will be used to ensure that
recipients of scholarships provided with funds under Title II of the
Higher Education Act who complete teacher education programs
subsequently (1) teach in a high-need school of a high-need local
educational agency for a period of time equivalent to the period for
which the recipient received scholarship assistance; or (2) repay the
amount of the scholarship. The information, therefore, is a tracking
mechanism that will be used to carry out the statutory requirement
found in Title II, Section 204(e). In addition the system information
will be used to determine the success of the Teacher Recruitment
component of the Teacher Quality Enhancement Grant Programs in
preparing new teachers for employment in high-need schools and school
districts.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (the 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 Act, under a computer matching agreement.
(1) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) Enforcement Disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
foreign, Federal, State, Tribal, or local, charged with the
responsibility of investigating or prosecuting that violation or
charged with enforcing or implementing the statute, Executive order,
rule, regulation, or order issued pursuant thereto.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation or
ADR, the Department may disclose certain records to the parties
described in paragraphs (b), (c), and (d) of this routine use under the
conditions specified in those paragraphs:
(i) The Department of Education, or any component of the
Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a decision concerning the hiring or
retention of an employee or other personnel action, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Labor Organization Disclosure. A component of the Department
may disclose records to a labor organization if a contract between the
component and a labor organization recognized under Title V of the
United States Code, Chapter 71, provides that the Department will
disclose personal records relevant to the organization's
[[Page 60174]]
mission. The disclosures will be made only as authorized by law.
(7) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(8) Disclosure to the Department of Justice (DOJ). The Department
may disclose records to the DOJ to the extent necessary for obtaining
DOJ advice on any matter relevant to an audit, inspection, or other
inquiry related to the programs covered by this system.
(9) 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.
(10) Research Disclosure. The Department may disclose records to a
researcher if an appropriate official of the Department determines that
the individual or organization to which the disclosure would be made is
qualified to carry out specific research related to functions or
purposes of this system of records. The official may disclose records
from this system of records to that researcher solely for the purpose
of carrying out that research related to the functions or purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
(11) Congressional Member Disclosure. The Department may disclose
records to a member of Congress from the record of an individual in
response to an inquiry from the member made at the written request of
that individual. The Member's right to the information is no greater
than the right of the individual who requested it.
(12) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose records to
OMB as necessary to fulfill CRA requirements.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer reporting agency information regarding a claim
by the Department which is determined to be valid and overdue as
follows: (1) The name, address, taxpayer identification number and
other information necessary to establish the identity of the individual
responsible for the claim; (2) the amount, status, and history of the
claim; and (3) the program under which the claim arose. The Department
may disclose the information specified in this paragraph under 5 U.S.C.
552a(b)(12) and the procedures contained in subsection 31 U.S.C.
3711(e). A consumer reporting agency to which these disclosures may be
made is defined at 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
The records are maintained in hard copy, filed in standard filing
cabinets; on access controlled personal computers; and on personal
computer diskettes that are stored in filing cabinets.
RETRIEVABILITY:
Hardcopy files are retrieved by individual names, institutions of
higher education and employing school districts. Electronic files may
be accessed by using an individual's social security number,
individual's name, name of institution of higher education, or name of
employing school district.
SAFEGUARDS:
All physical access to the program location where this system of
records is maintained is controlled and monitored by security
personnel. The computers used by program staff to store any system data
offer a high degree of resistance to tampering and circumvention. This
security system limits data access to program staff and any contract
staff that may be hired in the future. The system is available on a
``need to know'' basis. Controls are in place on individual's ability
to access and alter records within the system. All users of this system
are given unique user IDs with personal identifiers. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Disposition: Destroy five years after audit or ED's determination
either that the scholarship recipient fulfills the service obligation
or the indebtedness has been repaid or forgiven, whichever is later.
(ED/RDS, Part 10, Item 3a)
SYSTEM MANAGER AND ADDRESS:
Director, Teacher Quality Enhancement Grant Programs, Office of
Postsecondary Education, 1990 K Street, NW., room 6150, Washington, DC
20006-8525.
NOTIFICATION PROCEDURE:
If you wish to determine if you have a record in this system,
provide the system manager with your name, date of birth, and social
security number. Your request must meet the regulatory requirements of
34 CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURE:
If you wish to gain access to your record in this system, provide
the system manager with your name, date of birth, and social security
number. Your request must meet the regulatory requirements of 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURE:
If you wish to contest the content of a record, contact the system
manager. Your request must meet the regulatory requirements of 34 CFR
5b.7, including proof of identity.
RECORD SOURCE CATEGORIES:
Information is obtained from individual scholarship recipients,
institutions of higher education attended by the recipients, and school
districts that have employed the recipients.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 00-25942 Filed 10-6-00; 8:45 am]
BILLING CODE 4000-01-P