[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Notices]
[Pages 63453-63457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25444]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records--Special Education--
Individual Reporting on Regulatory Compliance Related to the Personnel 
Development Program's Service Obligation and the Government Performance 
and Results Act of 1993 (GPRA)

AGENCY: Office of Special Education and Rehabilitative Services, 
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 ``Special Education--
Individual Reporting on Regulatory Compliance Related to the Personnel 
Development Program's Service Obligation and the Government Performance 
and Results Act of 1993 (GPRA)'' (18-16-04).
    In seeking to improve outcomes for infants, toddlers and children 
with disabilities, the Individuals with Disabilities Education Act 
(IDEA) is designed to ensure that States have personnel with the 
necessary skills and knowledge to service infants, toddlers, and 
children with disabilities. The Office of Special Education Programs' 
(OSEP) Personnel Development Program to Improve Services and Results 
for Children with Disabilities (Personnel Development Program), 
pursuant to section 662 of IDEA, provides grants to institutions of 
higher education (IHEs) and other eligible entities, in large part, to 
train personnel in the area of special education with the intent of 
improving both the quality and the supply of qualified special 
educators. Through this program, IHEs and other eligible entities 
provide scholarships to individuals who agree to perform a service 
obligation for a period of two years for every year for which 
assistance was received. Scholars who do not satisfy their service 
obligation or other applicable program requirements must repay all or a 
part of their scholarship in accordance with the regulations 
implementing section 662(h) of IDEA. The new system of records 
announced in this notice is needed to track scholars' enrollment, 
employment, and fulfillment of the terms of the service obligation.

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 
November 24, 2008.
    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 of 
Representatives Committee on Oversight and Government Reform, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB) on October 21, 2008. This system 
of records will become effective at the

[[Page 63454]]

later date of--(1) the expiration of the 40 day period for OMB review 
on December 1, 2008, unless OMB waives 10 days of the 40-day review 
period for compelling reasons shown by the Department or (2) November 
24, 2008, 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 
Associate Division Director, Elementary/Middle School Team, Research to 
Practice Division, Office of Special Education Programs, Office of 
Special Education and Rehabilitative Services, U.S. Department of 
Education, 550 12th Street, SW., Room 4154, Washington, DC 20202-2600. 
Telephone: (202) 245-7471. If you prefer to send comments through the 
Internet, use the following address: [email protected].
    You must include the term ``Special Education--Individual Reporting 
on Regulatory Compliance Related to the Personnel Development Program's 
Service Obligation and the Government Performance and Results Act of 
1993 (GPRA)'' in the subject line of the electronic message.
    During and after the comment period, you may inspect all comments 
about this notice at the Department in Room 4154, 550 12th Street, 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 will 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 person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Associate Division Director, 
Elementary/Middle School Team, Research to Practice Division. 
Telephone: (202) 245-7471. If you use a telecommunications device for 
the deaf (TDD), call the Federal Relay Service (FRS), toll free, 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 section.

SUPPLEMENTARY INFORMATION:

Introduction

    In 1997, Congress added a service obligation to the program (in 
section 673(h) of IDEA) due to the increasing number of individuals who 
receive scholarship assistance under IDEA and subsequently pursue 
career fields outside of special education. The 2004 amendments to 
IDEA, in section 662(h), shifted the burden of collection and 
verification of service obligation information from grantees to the 
Department.
    This new system of records, which is designed to help the 
Department track scholars' enrollment, employment, and fulfillment of 
the terms of the service obligation required under 662(h) of IDEA, is 
authorized by--
    a. For scholarships made from grants made after fiscal year (FY) 
2005, 34 CFR 304.23 through 304.30, which implement section 662(h) of 
IDEA for those fiscal years;
    b. For scholarships made from FY 2005 grants, the notice published 
in the Federal Register on March 25, 2005 (70 FR 15306), which 
implements section 662(h) of IDEA for that fiscal year;
    c. For scholarships made from grants made prior to FY 2005, 34 CFR 
304.23 through 304.30, as those regulations existed at that time, which 
implemented section 673(h) of the version of IDEA that was in effect 
prior to December 3, 2004; and
    d. Section 4 of the Government Performance and Results Act of 1993 
(GPRA), Public Law 103-62;
    The regulatory provisions in 34 CFR 304.23 through 304.30, which 
implement section 662(h) of IDEA (and, if applicable, section 673(h) of 
the IDEA, as in effect after the 1997 amendments and before the 2004 
amendments to IDEA), require that individuals who receive a scholarship 
through the Personnel Development Program funded under IDEA (scholars), 
subsequently perform a service obligation for a period of two years for 
every year for which assistance was received. Scholars who do not 
satisfy the requirements of the regulations implementing section 662(h) 
of IDEA must repay all or part of the cost of assistance, in accordance 
with regulations issued by the Secretary. These regulations implement 
requirements governing, among other things, the service obligation for 
scholars, reporting requirements by grantees, and repayment of 
scholarships by scholars and former scholars. In order for the Federal 
Government to ensure that the goals of the Personnel Development 
Program are achieved and compliance with the regulations implementing 
the program, certain data collection, recordkeeping, and documentation 
are necessary. In addition, GPRA requires Federal agencies to establish 
performance measures for all programs, and OSEP has established 
performance measures for the Personnel Development Program. A new 
system of records on scholars is necessary to allow the Department to 
perform the data collection, recordkeeping, and documentation 
activities for this program and to evaluate progress on the program's 
GPRA performance measures.
    For scholars receiving funds from grants awarded prior to FY 2005, 
OSEP receives information about scholars from IHEs and other eligible 
entities when scholars have exited a training program supported with 
funds through the Personnel Development Program, or, in tracking the 
scholars' employment, the grantees determine that scholars are not 
fulfilling their service obligations. For scholars receiving funds from 
grants awarded after FY 2004, the Department has contracted with 
Optimal Solutions Group, LLC to develop and maintain a Web-based data 
collection system to collect data from grantees, scholars, and their 
employers. Optimal Solutions Group, LLC, in turn, has subcontracted 
with The Planet, which maintains the Web-based data collection system.
    Records in this system of records may include contact information 
for the grantee; the grant identification number; the scholar's name, 
Social Security number, gender, ethnic origin, education history, 
address, telephone number, e-mail address, alternate contact 
information, and areas of training; the name and contact information of 
a person through whom the scholar can be contacted; the number of years 
the scholar needs to work to satisfy the service obligation; the total 
amount of scholarship assistance received; the time period during which 
the scholar must satisfy the service obligation; eligible employment to 
fulfill the service obligation; reasons for leaving the program before 
completion (if applicable); contact information for employers; and, as 
applicable, all other obligations of the scholar under the regulations 
implementing section 662(h) of IDEA. Scholars will be responsible for 
asking employers to verify the employment information provided by the 
scholars in the online database.

System of Records Requirements

    The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to 
publish in the Federal Register this notice of a new system of records 
maintained by the Department. The Department's

[[Page 63455]]

regulations implementing the Privacy Act are contained in the Code of 
Federal Regulations (CFR) in part 5b of title 34.
    The Privacy Act applies to information about an individual that is 
maintained in a system of records from which individually identifying 
information 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 system of records 
notice in the Federal Register and to submit, whenever the agency 
publishes a new system of records or makes a significant change to an 
established system of records, a report to the Administrator of the 
Office of Information and Regulatory Affairs, OMB. 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 of Representatives 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 can 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.


    Dated: October 21, 2008.
Tracy R. Justesen,
Assistant Secretary for Special Education and Rehabilitative Services.
    For the reasons discussed in the preamble, the Assistant Secretary 
for Special Education and Rehabilitative Services, U.S. Department of 
Education (Department), publishes a notice of a new system of records 
to read as follows:
SYSTEM NUMBER:
18-16-04

SYSTEM NAME:
    Special Education--Individual Reporting on Regulatory Compliance 
Related to the Personnel Development Program's Service Obligation and 
the Government Performance and Results Act of 1993 (GPRA).

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION(S):
    (1) Research to Practice Division, Office of Special Education 
Programs, Office of Special Education and Rehabilitative Services, U.S. 
Department of Education, 550 12th Street, SW., Washington, DC 20202-
2600. (With regard to scholars who have received scholarships from 
grants awarded prior to FY 2005, if a grantee determines that a scholar 
will not fulfill the scholar's service obligation through service and 
will instead have to repay some or all of the scholarship the scholar 
received, the grantee must refer the scholar to the Department for 
repayment. This location keeps records on these scholars.)
    (2) Optimal Solutions Group, LLC (Optimal), 8100 Professional 
Place, Suite 312, Hyattsville, MD 20785-2229. (This is the location of 
the Department's contractor where records are maintained on scholars 
who have received funds from grants awarded after FY 2004. The 
contractor maintains periodic back-ups of a Web-based data server that 
collects data on scholars from grantees, scholars and their employers.)
    (3) The Planet, 1333 North Stemmons Freeway, Suite 100, Dallas, TX 
75207-3723. (This is the location of the Department's subcontractor, 
where records are also maintained on scholars who have received funds 
from grants awarded after FY 2004. The subcontractor maintains a Web-
based data server and backs it up on a secondary hard drive.)

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who are recipients of 
scholarships (scholars) from grants awarded to institutions of higher 
education (IHEs) and other eligible entities by the Office of Special 
Education Programs' (OSEP) Personnel Development Program to Improve 
Services and Results for Children with Disabilities Program (Personnel 
Development Program).

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records about scholars who receive 
scholarships under the Personnel Development Program. Information in 
this system will include contact information for the grantee; the grant 
identification number; each scholar's name, social security number, 
address, telephone number, e-mail address, and alternate contact 
information; name and contact information of a person through whom the 
scholar can be contacted; the number of years the scholar needs to work 
to satisfy the service obligation; the total amount of scholarship 
assistance received; the time period during which the scholar must 
satisfy the service obligation; eligible employment to fulfill the 
service obligation; contact information for employers; and, as 
applicable, all other obligations of the scholar under the regulations. 
Employers will be asked to verify the employment information provided 
by the scholar. In addition, scholars will be asked questions about 
topics related to the Personnel Development Program performance 
measures, e.g., specific areas of training, highly qualified teacher 
status, reasons for leaving the program before completion, gender, 
ethnic origin, and education history.
    This system of records does not cover records maintained in the 
Department's system of records notice entitled ``Education's Central 
Automated Processing System (EDCAPS)'' (18-03-02) as part of the 
Department's receivables management function.

AUTHORITY FOR MAINTENANCE 0F THE SYSTEM:
    This system of records is authorized by the Individuals with 
Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., and 
specifically--
    a. For scholarships made from grants made after FY 2005, 34 CFR 
304.23 through 304.30, which implement section 662(h) of IDEA for those 
fiscal years;
    b. For scholarships made from FY 2005 grants, the notice published 
in the Federal Register on March 25, 2005 (70 FR 15306), which 
implements section 662(h) of IDEA for that fiscal year; and
    c. For scholarships made from grants made prior to FY 2005, 34 CFR 
304.23 through 304.30 as those regulations existed at that time, which 
implement section 673(h) of the version of IDEA that was in effect 
prior to December 3, 2004.
    This system of records is also authorized by section 4 of the 
Government Performance and Results Act of 1993 (GPRA), Pub. L. 103-62.

PURPOSE(S):
    The information in this system is used for the following purposes: 
to track

[[Page 63456]]

scholars' enrollment, employment, and fulfillment of the terms of the 
service obligation and to evaluate progress on the performance measures 
for the Personnel Development Program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    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. The 
Department may make these disclosures on a case-by-case basis, or, if 
the Department has complied with the computer matching requirements of 
the Computer Matching and Privacy Protection Act of 1988, as amended, 
under a computer matching agreement.
    (1) Program Purposes. The Department may disclose records from this 
system of records:
    (a) To the scholars' employers to verify the eligible employment of 
scholars who were supported by a scholarship under the Personnel 
Development Program and who are fulfilling their service obligations.
    (b) To the Personnel Development Program grantees to inform them of 
their scholars' employment outcomes.
    (2) Disclosure in the Course of Responding to Breach of Data. The 
Department may disclose records to appropriate agencies, entities, and 
persons when (a) The Department suspects or has confirmed that the 
security or confidentiality of information in the system of records has 
been compromised; (b) the Department has determined that as a result of 
the suspected or confirmed compromise there is a risk of harm to 
economic or property interests, identity theft or fraud, or harm to the 
security or integrity of this system or other systems or programs 
(whether maintained by the Department or by another agency or entity) 
that rely upon the compromised information; and (c) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Department's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm.
    (3) Contract Disclosure. The Department may disclose records to 
employees of an entity with whom the Department contracts when 
disclosure is necessary for an employee of the entity to perform a 
function pursuant to the Department's contract with the entity. 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.
    (4) 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 prosecutorial responsibility 
within the receiving entity's jurisdiction.
    (5) 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.
    (6) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (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 or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed to provide or arrange for representation for the employee.
    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee.
    (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 DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to the litigation 
or ADR, the Department may disclose those records as a routine use to 
DOJ.
    (c) Adjudicative Disclosure. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body before which the Department is 
authorized to appear, to an individual, or to an entity designated by 
the Department or otherwise empowered to resolve or mediate disputes, 
the Department may disclose those records as a routine use to the 
adjudicative body, individual, or entity.
    (d) Disclosure to Parties, Counsel, Representatives, or Witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (7) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or Office of 
Management and Budget (OMB) if the Department concludes that disclosure 
is desirable or necessary in determining whether particular records are 
required to be disclosed under the FOIA or the Privacy Act.
    (8) Disclosure to DOJ. The Department may disclose records to DOJ 
to the extent necessary for obtaining DOJ advice on any matter relevant 
to an audit, inspection, or other inquiry related to the program 
covered by this system.
    (9) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress or the member's 
staff when necessary to respond to an inquiry from the member or the 
member's staff 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 the inquiry.
    (10) Research Disclosure. The Department may disclose records under 
routine use 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    The Department may disclose to a consumer reporting agency 
information regarding a claim by the Department

[[Page 63457]]

that the head of the Department has determined to be valid and overdue. 
Such information is limited to--(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 31 U.S.C. 3711(e). A consumer reporting agency to which these 
disclosures may be made is defined in 31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Department maintains hard copy records of information about 
scholars who received funds from grants awarded before FY 2005 in 
locked file cabinets that are located within locked offices protected 
by a security system. The Department maintains electronic records with 
information about scholars who received funds from grants awarded 
before FY 2005 on its secure server.
    Optimal, the Department's contractor, maintains any hard copy 
records of information about scholars who received funds from grants 
awarded in FY 2005 and thereafter in locked file cabinets that are 
located within locked offices protected by a security system. Optimal 
also maintains electronic records of information about scholars who 
received funds from grants awarded in FY 2005 and thereafter, because 
the subcontractor's server is periodically backed up on Optimal's 
secure hard drive.
    The Department's subcontractor, The Planet, maintains data about 
scholars who received funds from grants awarded in FY 2005 and 
thereafter for this system on its secure server with an automated 
backup hard drive that will support the system in the event of a crash.

RETRIEVABILITY:
    Records in this system are indexed by a unique number assigned by 
the Department to each individual.

SAFEGUARDS:
    Access to the records is limited to authorized personnel only. All 
physical access to the Department's site, and to the sites of the 
Department's contractor and subcontractor, 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 and subcontractor will establish similar sets of 
procedures at their sites to ensure confidentiality of data. Their 
systems are required to ensure that information identifying individuals 
is in files physically separated from other research data. The 
contractor and subcontractor 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 site all hard 
copy data will be kept in locked file cabinets during nonworking hours, 
and work on hard copy 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 electronic project data 
include: Password-protected accounts that authorize users to use the 
contractor's and subcontractor'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.

RETENTION AND DISPOSAL:
    These records will be maintained and disposed of in accordance with 
the records retention and disposition authority approved by the 
National Archives and Records Administration (NARA). Until NARA 
approves a retention and disposition schedule for these records, the 
Department will not destroy or delete any records.

SYSTEM MANAGER AND ADDRESS:
    Associate Division Director, Elementary/Middle School Team, 
Research to Practice Division, Office of Special Education Programs, 
Office of Special Education and Rehabilitative Services, U.S. 
Department of Education, 550 12th Street, SW., Room 4154, Washington, 
DC 20202-2600.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record regarding you exists in 
the system of records, contact the system manager. Your request must 
meet the requirements of 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 at the address listed under SYSTEM MANAGER 
AND ADDRESS. Requests should contain your full name, address, and 
telephone number. Your request must meet the requirements of 
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:
    For grants awarded prior to FY 2005, collection of information from 
IHEs and other eligible entities is limited to identifying information 
about scholars, their service obligation, and the amount of their 
scholarship. When IHEs and other eligible entities have determined that 
scholars will not fulfill their obligation through service and must 
instead repay some or all of the scholarship they received, the IHEs 
and other eligible entities are required to forward this information to 
OSEP, and OSEP forwards it to the Department's Accounts Receivable 
Group in the Office of the Chief Financial Officer (OCFO).
    The information for grants awarded after FY 2004 will be collected 
from grantees, scholars, and scholars' employers primarily through a 
Web-based data collection system implemented by Optimal, a contractor 
of the Department, and The Planet, a subcontractor of the Department. 
Through this system, information related to tracking scholars' 
enrollment, employment, and fulfillment of the terms of the service 
obligation and to evaluating progress on the performance measures for 
the Personnel Development Program will be collected from grantees, 
scholars, and the scholars' employers. When the Department determines 
scholars will not fulfill their service obligation and must instead 
repay some or all of the scholarship they received, the Department will 
forward applicable information to the Department's Accounts Receivable 
Group in OCFO.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

 [FR Doc. E8-25444 Filed 10-23-08; 8:45 am]
BILLING CODE 4000-01-P