[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Notices]
[Pages 33213-33215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11599]



[[Page 33213]]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records--Impact Evaluation of 
Upward Bound's Increased Focus on Higher-Risk Students

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 ``Impact Evaluation of 
Upward Bound's Increased Focus on Higher-Risk Students'' (18-13-17). 
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 2006. IES has been collaborating with the Department's 
Office of Postsecondary Education (OPE) to coordinate the study of the 
impacts of the Upward Bound program on higher-risk students and 
students as a whole.
    The study will address the following questions:
    (1) What are the impacts of Upward Bound on student outcomes--
including course taking, grades received, test scores, retention in 
high school, college preparation services received, and college and 
career expectations--both overall and for higher-risk students?
    (2) Does the impact of Upward Bound vary according to grantee 
practices and characteristics, such as the ratio of higher-risk 
students to total students served by the grantee?
    (3) Does there appear to be a relationship between program impacts 
and control group students' receipt of similar services, such as 
tutoring, mentoring, after-school and summer enrichment programs, and 
college application and financial aid assistance?
    The system will contain information about approximately 3,600 
students applying for admission at approximately 90 Upward Bound 
grantees for the 2007-2008 academic year, of which approximately 1,800 
will have been offered admission to Upward Bound and 1,800 will serve 
as a control group for the purposes of this evaluation. These students 
will be in either 9th or 10th grade during the 2007-2008 academic year. 
The Upward Bound grantees included in the evaluation will be a sample 
of all Upward Bound grantees. The system of records will include 
information about these sampled students, including their names, 
addresses, demographic information such as race/ethnicity, gender, age, 
and educational background, attitudes toward school, and educational 
aspirations.

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 use 
for the system of records referenced in this notice on or before July 
16, 2007.
    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 June 12, 2007. This system of records will become 
effective at the later date of--(1) The expiration of the 40-day period 
for OMB review on July 22, 2007, unless OMB waives 10 of the 40-day 
review period for compelling reasons shown by the Department or (2) 
July 16, 2007 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 use to Dr. 
Ricky Takai, Director, 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 20208-0002. Telephone: (202) 208-7083. If you 
prefer to send comments through the Internet, use the following 
address: [email protected]
    You must include the term ``Impact Evaluation of Upward Bound's 
Increased Focus on Higher-Risk Students'' in the subject line of the 
electronic message.
    During and after the comment period, you may inspect all comments 
about this notice 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 will supply an appropriate aid 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. Ricky Takai. Telephone: (202) 208-
7083. 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 format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in this section.

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 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 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 notices of systems of records in the Federal Register and to 
prepare reports to OMB and Congress whenever the agency publishes a new 
system of records.
    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.
    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.



[[Page 33214]]


    Dated: June 12, 2007.
Grover Whitehurst,
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:
18-13-17

SYSTEM NAME:
    Impact Evaluation of Upward Bound's Increased Focus on Higher-Risk 
Students.

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 500J, 
Washington, DC 20208-0002.
    (2) Abt Associates, Inc., 55 Wheeler Street, Cambridge, MA 02138-
1168, and 4550 Montgomery Avenue, Suite 800 North, Bethesda, MD 20814-
3343.
    (3) The Urban Institute, 2100 M Street, NW., Washington, DC 20037-
1264.
    (4) Berkeley Policy Associates, 440 Grand Avenue, Suite 500, 
Oakland, CA 94610-5012.

Categories Of Individuals Covered By The System:
    The system will contain information about approximately 3,600 
students applying for admission at approximately 90 Upward Bound 
grantees for the 2007-2008 academic year, of which approximately 1,800 
will have been offered admission to Upward Bound and 1,800 will serve 
as a control group for the purposes of this evaluation. These students 
will be in either 9th or 10th grade during the 2007-2008 academic year. 
The Upward Bound grantees included in the evaluation will be a sample 
of all Upward Bound grantees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system of records will include information about sampled 
students, including their names, addresses, demographic information 
such as race/ethnicity, gender, age, and educational background, 
attitudes toward school, and educational aspirations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This evaluation is authorized under: (1) Section 402H of the Higher 
Education Act of 1965, as amended (HEA), 20 U.S.C. 1070a-18; and (2) 
sections 171(b) and 173 of the Education Sciences Reform Act of 2002 
(ESRA), 20 U.S.C. 9561(b) and 9563. Section 402H of the HEA explicitly 
authorizes the Secretary of Education to enter into contracts with 
organizations to evaluate the effectiveness of Upward Bound and other 
Federal TRIO programs.

PURPOSE(S):
    The information in this system is used for the following purpose: 
To study, as authorized by section 402H of the Higher Education Act of 
1965, as amended (HEA), 20 U.S.C. 1070a-18, the impacts of Upward Bound 
on eligible students' preparation for, and success in, postsecondary 
education. In particular, this system is necessary to provide 
information for analyses of the impacts of the Upward Bound programs on 
higher-risk students as well as on other eligible students. The system 
is also needed for analyses of variations in impacts on students 
according to the characteristics of Upward Bound projects and control 
group students' access to, and receipt of, services similar to those 
offered through Upward Bound.

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 use 
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 of 1974, as amended (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 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 and 
subcontractors maintain data for this system on computers and in hard 
copy.

RETRIEVABILITY:
    Records in this system are indexed 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, to the sites of the 
Department's contractor, and to the sites of the subcontractors where 
this system of records is maintained, will be 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 selected for this evaluation has been required to 
establish similar sets of procedures at its sites and at subcontractor 
sites to ensure confidentiality of data. Their systems will be required 
to provide reasonable assurance that information identifying 
individuals is in files physically separated from other research data. 
The contractor and subcontractors are required to maintain security of 
the complete set of all master data files and documentation. Access to 
individually identifiable 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 
password-protected accounts that authorize users to use the 
contractor's and subcontractors' information systems but only to access 
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 establish 
for projects as needed. The contractor and

[[Page 33215]]

subcontractor 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).
    In safeguarding personally identifiable information (PII), the 
contractor and its subcontractors also are subject to the Department's 
requirements contained in the Department of Education's Handbook for 
the Protection of Sensitive But Unclassified Information, OCIO-15, and 
the Department's policy that the transmission of sensitive but 
unclassified information, including PII, through an e-mail requires 
that the contents be password protected in a ZIP file.

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:
    Director, 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 20208-0002.

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 PROCEDURES:
    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 PROCEDURES:
    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 will consist of records obtained on eligible students 
applying to Upward Bound projects at approximately 90 host 
institutions. The records will consist of parental consent and student 
consent forms, responses from a baseline survey of students, and 
information provided by Upward Bound projects on each student. At a 
later point in time, school records (from school, district, or state 
databases) and College Board and ACT records will be merged onto the 
system of records, as will responses from a survey of Upward Bound 
project coordinators and a follow-up survey of the students. Records in 
this system of records will be matched with other data solely for 
research purposes, to study the impacts of Upward Bound on students' 
preparation for college. The specific matched data will NOT be used to 
make decisions concerning the rights, benefits, or privileges of the 
students who participate in this study. After students turn 18 and give 
their own consent to participate in the study, additional data merges 
from Federal Student Aid files, National Student Clearing House data, 
school records, College Board and ACT records, and additional follow-up 
surveys of students may occur, again solely for research purposes, to 
study the impacts of Upward Bound on students' postsecondary outcomes. 
The individual identifiers that would be used to merge the different 
sources of data would be removed from the data files before the files 
are used for data analysis.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

 [FR Doc. E7-11599 Filed 6-14-07; 8:45 am]
BILLING CODE 4000-01-P