Federal Register, Volume 76 Issue 83 (Friday, April 29, 2011)

[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24001-24006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10369]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2011-OS-0047]

Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to alter a system of records.

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

SUMMARY: The Office of the Secretary of Defense proposes to alter a
system of records in its inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action would be effective without further notice
on May 31, 2011 unless comments are received which result in a contrary
determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) and title, by any of the following
methods:
* Federal Rulemaking Portal:http://www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Federal Docket Management System Office, 1160 Defense
Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-6830, or
Chief, OSD/JS Privacy Office, Freedom of Information Directorate,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
notices for systems of records subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been published in the Federal Register
and are available from the FOR FURTHER INFORMATION CONTACT address
above.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on April 22, 2011, to
the House Committee on Oversight and Government Reform, the Senate
Committee on Governmental Affairs,

[[Page 24002]]

and the Office of Management and Budget (OMB) pursuant to paragraph 4c
of Appendix I to OMB Circular No. A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
February 8, 1996 (February 20, 1996, 61 FR 6427).

Dated: April 25, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DoDEA 26

System name:
Department of Defense Education Activity Educational Records (May
3, 2007, 72 FR 24572).

Changes:
* * * * *

System location:
Delete entry and replace with ``Primary location: Department of
Defense Education Activity (DoDEA) Headquarters office, 4040 North
Fairfax Drive, Arlington, VA 22203-1634.

Secondary locations:
Director, Department of Defense Dependent Schools Pacific, Unit
35007, APO AP 96376-5007.
Director, Department of Defense Dependent Schools Europe, Unit
29649, Box 7000, APO AE 09002-7000.
Domestic Dependent Elementary and Secondary Schools Service Center,
700 Westpark Drive, 3rd Floor, Peachtree City, GA 30269-3554.
Decentralized records are also held at local DoD schools. A list of
complete addresses for a specific area (Pacific, Europe or Domestic)
may be obtained by writing to the appropriate office above.''

Categories of individuals covered by the system:
Delete entry and replace with ``Current and former students
enrolled in schools operated or funded by DoDEA, world-wide.''

Categories of records in the system:
Delete entry and replace with ``The records described in this
notice consist of elementary school and secondary school records that
pertain directly to individual students enrolled or formerly enrolled
in DoDEA schools; to include the former Panama schools and Panama
college; and school-based programs funded by DoDEA. Data elements for
all records generally include student name and unique student
identifier.

Contemporary School Files:
Attendance and Discipline Files. Information reflecting attendance
and disciplinary actions, to include teacher referrals, tardy and/or
admission slips, correspondence to and from parents, student and/or
witness statements, school disciplinary investigation files, student
consequences (punishments), and similar related information.
Health Record Files. Student immunization records, parental
permission forms, screening results, sports physicals, physician
referrals, medication instructions, consent forms, pertinent family
medical history, psychological or mental health and physical
assessments and evaluation reports, and/or 504 Accommodation Plans
relating to medical or physical disabilities.
School Ancillary Service Files. Non-special education supplemental
student services, such as the Gifted Program; English as a Second
Language (ESL); Compensatory Education; Reading Improvement; and
student counseling and guidance. Records include consultation and
referrals, individual student responses to test protocols, assessments
and evaluation plans and results, progress and evaluation reports and
summaries, teachers' notes, general correspondence, and samples of
student's work, and similar related information.
School Mediation Agreement and Hearing Results Files. Material on
mediations (limited to records of agreements) and hearings other than
those filed in another individual student file such as, a special
education file.
School Special Education Files. Student special education programs
referrals and referral forms; samples of student's work; Individualized
Education Programs and Individualized Family Service Plans; Case Study
Committee, test results and protocols; disciplinary records, behavior
plans and related information; assessment and evaluation reports;
correspondence between teachers, service providers and/or parents; and
cross-reference location information; related service-provider reports;
teacher notes relevant to the child's special education program or
needs; results of special education administration hearings; and
similar related information.
School Student Record Files. Information includes student name,
Social Security Number (SSN), unique student identifier, enrollment
forms and documentation, date of birth, citizenship, photos, passport
numbers and expiration dates (for high school students only), student
performance, achievements and recognition (academic, citizenship, and
athletic), standardized achievement test scores and grades, classroom
and course grades, reading records, letters of recommendation, parental
correspondence, 504 Accommodation Plans and similar individual student
records, and information contained in the student files listed below;
records of individual student's sponsor's, including sponsor's SSN,
permanent duty address, residence, emergency contact information,
parental consents and permissions; and similar related records.
Student Administrative Files. Information pertaining to student
involvement in administrative actions such as, serious incident
reports, military reports, investigations, compliance reports and
similar documents when retrieved by the students name or personal
identifier.
Student Record Request and Disclosure Files. Records reflecting
individual written requests for access to school files, parent/student
consent authorizing disclosure of school files to other individuals or
organizations, and records of disclosure of school files when no
parent/student consent is required.

Historical School Files:
Transcript Files. Information consists solely of a student's
secondary schools or Panama College permanent records (transcripts)
reflecting student name and SSN, unique student ID, grades, course
titles, credits, and similar data.''

Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 113, Secretary of
Defense; 10 U.S.C. 2164, Department of Defense Domestic Dependent
Elementary and Secondary Schools; 20 U.S.C. 921-932, Overseas Defense
Dependent's Education; 29 U.S.C. 794, Nondiscrimination under Federal
Grants and Programs; DoD Directive 1342.20, Department of Defense
Education Activity (DoDEA); DoD Directive 1020.1, Nondiscrimination on
the Basis of Handicap in Programs and Activities Conducted by the
Department of Defense; and E.O. 9397 (SSN), as amended.''

Purpose(s):
Delete entry and replace with ``To maintain educational records
necessary to operate a global educational program for authorized
students ages 3-21, inclusive. Records may be used to determine
enrollment eligibility and tuition status; schedule children for
classes and transportation; record attendance, absence and withdrawal;
record and monitor student progress, grades, course and grade credits,
services, school activities, student awards, special interests,

[[Page 24003]]

accomplishments, and discipline; develop an appropriate educational
program, services and placement; provide information for enrollment and
student financial aid for post-DoDEA education; obtain and preserve
school academic and athletic accreditation; to provide directory
information to military recruiters; to make emergency contact as
necessary; protect student health and welfare; and to perform other
related authorized educational duties as required. Also used as a
management tool for statistical analysis, tracking, reporting,
evaluating program effectiveness, and conducting research.''

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``In addition to those disclosures
generally permitted under 5 U.S.C.552a(b) of the Privacy Act of 1974,
these records may specifically be disclosed outside the DoD as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
To a non-DoD school, upon request of the school, when the child is
enrolled in the school or receiving services from the school at DoD
expense, so long as the disclosure is for purposes related to the
student's enrollment or receipt of services.
To public or private entities in connection with financial aid the
student has received or for which the student has applied, if the
information is necessary to determine the student's eligibility for, or
the amount of, or the conditions of the aid.
To appropriate parties, including parents of a student age 18 or
over, in connection with an emergency if knowledge of the information
is necessary to protect the health or safety of the student or other
students; and to teachers and school officials in non-DoD schools who
have been determined to have a legitimate educational interest in the
student, provided that the official making the disclosure maintains a
record that documents the articulable and significant threat to the
health or safety of a student or other individuals that formed the
basis of the disclosure and identifies the parties to whom the
information was disclosed.
To accrediting organizations to carry out their accrediting
functions.
To State and local social service offices relative to law
enforcement inquiries and investigations and child placement/support
proceedings.
The DoD `Blanket Routine Uses' set forth at the beginning of the
Office of the Secretary of Defense (OSD) compilation of systems of
records notices also apply to this system.''
* * * * *

Safeguards:
Delete entry and replace with ``Access is provided on a `need-to-
know' basis and to authorized, authenticated personnel only. Records
are maintained in controlled access rooms or areas. Computer terminal
access is controlled by use of Common Access Card (CAC) or terminal
identification and the password or similar system. Physical access to
terminals is restricted to specifically authorized individuals.
Password authorization, assignment, and monitoring are the
responsibility of the functional managers.''

Retention and disposal:
Delete entry and replace with ``Contemporary School Files:

School Student Record Files
Destroy/delete files, other than secondary transcripts, of all
information except report cards or other records of academic promotion
or retention data after 1 year. Destroy or delete all non secondary
transcript files 3-5 years after graduation, transfer, withdrawal, or
death of student.

Attendance and Discipline Files:
Cut off at end of school year. Destroy/delete when one year old.

Health Record Files:
Place in student record file upon transfer, withdrawal or death of
student.

School Ancillary Service Files:
Transfer to student record file upon graduation, transfer,
withdrawal or death of student.

School Mediation Agreement and Hearing Results Files:
Cut off after final decision. Destroy/delete when 20 years old.

School Special Education Files:
Cut off on graduation, transfer, withdrawal, or death of student.
Destroy/delete when 5 years old.

Student Administrative Files:
Cut off at end of school year or upon year student transfers.
Destroy after 1 year unless needed for further reference.
Student Record Request and Disclosure Files.
Cut off at end of school year. Destroy/delete when 2 years old.

Historical School Files:
Transcripts. Secondary Schools and Panama college transcripts will
be cut off upon transfer, withdrawal, or death of student. Secondary
transcript files are destroyed when 50 years old.''

System manager(s) and address:
Delete entry and replace with ``Area school district system manager
addresses may be obtained from the Office of the Director, Department
of Defense Education Activity, 4040 North Fairfax Drive, Arlington, VA
22203-1634.''

Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether this system contains information about themselves should
address written inquiries to Area or District Systems Managers or the
Privacy Act Officer, Department of Defense Education Activity, 4040
North Fairfax Drive, Arlington, VA 22203-1635.
Written requests must contain the full name and signature of the
requester. When the requester is not the student, state the requester's
relationship to the student and include a student's written
authorization to disclose the information or evidence of the parental/
legal relationship that establishes the parent's or legal guardian's
right to access that information such as a certified copy of a court
order, or sufficient information about the requester (SSN, unique
student identifier, date of birth) to permit DoDEA to verify custody
through the Defense Enrollment Eligibility Reporting System.
The request must state the name used by the student at the time of
school attendance, the student's birth date, name, and location of the
school(s) attended, and the approximate dates of attendance.''

Record access procedures:
Delete entry and replace with ``Parents/legal guardians and
personnel acting as a parent, pursuant to appointment by competent
authority in the absence of a parent or legal guardian, are authorized
access to the student records of their ``dependent'' student, as
defined in DoD Joint Travel Regulation, Volume 2, Appendix A (JTR V. 2,
App. A). Access is afforded to either parent, unless DoDEA is provided
with evidence that there is a court order such as, but not limited to,
a divorce, separation, adoption or custody decree, that specifically
revokes these rights.
While a student is currently enrolled in a DoDEA school, the
student or the student's parent/legal guardian, and individuals in
overseas areas designated as temporary foster parents, may access their
student's records maintained at the

[[Page 24004]]

student's school by making a request for such access to the student's
teachers, registrars and administrators, in accordance with the
procedures established at the school, or may request access in writing
according to the instructions below.
Individuals may submit written requests for access to student
information about themselves, and parents/legal guardians of dependent
children may submit written requests about their children to the
appropriate Area or District Records Systems Managers, or to the
Privacy Act Officer, Department of Defense Education Activity, 4040
North Fairfax Drive, Arlington, VA 22203-1635.
Written requests must contain the full name and signature of the
requester. When the requester is not the student, state the requester's
relationship to the student and include a student's written
authorization to disclose the information or evidence of the parental/
legal relationship that establishes the parent's or legal guardian's
right to access that information such as, a certified copy of a court
order, or sufficient information about the requester (SSN, unique
student identifier, date of birth) to permit DoDEA to verify custody
through the Defense Enrollment Eligibility Reporting System. The
request must also state the name used by the student at the time of
school attendance, the student's birth date, the name, and location of
the school(s) attended, and the approximate dates of attendance.''
* * * * *

Record source categories:
Delete entry and replace with ``Individuals; parents/guardians,
DoDEA staff, including school teachers, principals and administrators,
counselors, occupational and physical therapists, and other educational
service providers; service providers; other educational facilities;
medical facilities and personnel; military commands; and members of and
activities in the community.''
* * * * *
DoDEA 26

System name:
Department of Defense Education Activity Educational Records.

System location:
Primary location:
Department of Defense Education Activity (DoDEA) Headquarters
office, 4040 North Fairfax Drive, Arlington, VA 22203-1634.

Categories of individuals covered by the system:
Current and former students enrolled in schools operated or funded
by DoDEA, world-wide.

Categories of records in the system:
The records described in this notice consist of elementary school
and secondary school records that pertain directly to individual
students enrolled or formerly enrolled in DoDEA schools; to include the
former Panama schools and Panama college; and school-based programs
funded by DoDEA. Data elements for all records generally include
student name and unique student identifier.

Contemporary School Files:
Attendance and Discipline Files. Information reflecting attendance
and disciplinary actions, to include teacher referrals, tardy and/or
admission slips, correspondence to and from parents, student and/or
witness statements, school disciplinary investigation files, student
consequences (punishments), and similar related information.
Health Record Files. Student immunization records, parental
permission forms, screening results, sports physicals, physician
referrals, medication instructions, consent forms, pertinent family
medical history, psychological or mental health and physical
assessments and evaluation reports, and/or 504 Accommodation Plans
relating to medical or physical disabilities.
School Ancillary Service Files. Non-special education supplemental
student services, such as the Gifted Program; English as a Second
Language (ESL); Compensatory Education; Reading Improvement; and
student counseling and guidance. Records include consultation and
referrals, individual student responses to test protocols, assessments
and evaluation plans and results, progress and evaluation reports and
summaries, teachers' notes, general correspondence, and samples of
student's work, and similar related information.
School Mediation Agreement and Hearing Results Files. Material on
mediations (limited to records of agreements) and hearings other than
those filed in another individual student file such as, a special
education file.
School Special Education Files. Student special education programs
referrals and referral forms; samples of student's work; Individualized
Education Programs and Individualized Family Service Plans; Case Study
Committee, test results and protocols; disciplinary records, behavior
plans and related information; assessment and evaluation reports;
correspondence between teachers, service providers and/or parents; and
cross-reference location information; related service-provider reports;
teacher notes relevant to the child's special education program or
needs; results of special education administration hearings; and
similar related information.
School Student Record Files. Information includes student name,
Social Security Number (SSN), unique student identifier, enrollment
forms and documentation, date of birth, citizenship, photos, passport
numbers and expiration dates (for high school students only), student
performance, achievements and recognition (academic, citizenship, and
athletic), standardized achievement test scores and grades, classroom
and course grades, reading records, letters of recommendation, parental
correspondence, 504 Accommodation Plans and similar individual student
records, and information contained in the student files listed below;
records of individual student's sponsor's, including sponsor's SSN,
permanent duty address, residence, emergency contact information,
parental consents and permissions; and similar related records.
Student Administrative Files. Information pertaining to student
involvement in administrative actions, such as, serious incident
reports, military reports, investigations, compliance reports and
similar documents when retrieved by the students name or personal
identifier.
Student Record Request and Disclosure Files. Records reflecting
individual written requests for access to school files, parent/student
consent authorizing disclosure of school files to other individuals or
organizations, and records of disclosure of school files when no
parent/student consent is required.

[[Page 24005]]

Authority for maintenance of the system:
10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 2164, Department of
Defense Domestic Dependent Elementary and Secondary Schools; 20 U.S.C.
921-932, Overseas Defense Dependent's Education; 29 U.S.C. 794,
Nondiscrimination under Federal Grants and Programs; DoD Directive
1342.20, Department of Defense Education Activity (DoDEA); DoD
Directive 1020.1, Nondiscrimination on the Basis of Handicap in
Programs and Activities Conducted by the Department of Defense; and
E.O. 9397 (SSN), as amended.

Purpose(s):
To maintain educational records necessary to operate a global
educational program for authorized students ages 3-21, inclusive.
Records may be used to determine enrollment eligibility and tuition
status; schedule children for classes and transportation; record
attendance, absence and withdrawal; record and monitor student
progress, grades, course and grade credits, services, school
activities, student awards, special interests, accomplishments, and
discipline; develop an appropriate educational program, services and
placement; provide information for enrollment and student financial aid
for post-DoDEA education; obtain and preserve school academic and
athletic accreditation; to provide directory information to military
recruiters; to make emergency contact as necessary; protect student
health and welfare; and to perform other related authorized educational
duties as required. Also used as a management tool for statistical
analysis, tracking, reporting, evaluating program effectiveness, and
conducting research.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, these records may specifically be
disclosed outside the DoD as a routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
To a non-DoD school, upon request of the school, when the child is
enrolled in the school or receiving services from the school at DoD
expense, so long as the disclosure is for purposes related to the
student's enrollment or receipt of services.
To public or private entities in connection with financial aid the
student has received or for which the student has applied, if the
information is necessary to determine the student's eligibility for, or
the amount of, or the conditions of the aid.
To appropriate parties, including parents of a student age 18 or
over, in connection with an emergency if knowledge of the information
is necessary to protect the health or safety of the student or other
students; and to teachers and school officials in non-DoD schools who
have been determined to have a legitimate educational interest in the
student, provided that the official making the disclosure maintains a
record that documents the articulable and significant threat to the
health or safety of a student or other individuals that formed the
basis of the disclosure and identifies the parties to whom the
information was disclosed.
To accrediting organizations to carry out their accrediting
functions.
To State and local social service offices relative to law
enforcement inquiries and investigations and child placement/support
proceedings.
The DoD 'Blanket Routine Uses' set forth at the beginning of the
Office of the Secretary of Defense (OSD) compilation of systems of
records notices also apply to this system.

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper file folders and electronic storage media.

Retrievability:
By student surname, SSN, date of birth, and student number.

Safeguards:
Access is provided on a `need-to-know' basis and to authorized,
authenticated personnel only. Records are maintained in controlled
access rooms or areas. Computer terminal access is controlled by use of
Common Access Card (CAC) or terminal identification and the password or
similar system. Physical access to terminals is restricted to
specifically authorized individuals. Password authorization,
assignment, and monitoring are the responsibility of the functional
managers.

Retention and disposal:
Contemporary School Files:
School Student Record Files:
Destroy/delete files, other than secondary transcripts, of all
information except report cards or other records of academic promotion
or retention data after 1 year. Destroy or delete all non secondary
transcript files 3-5 years after graduation, transfer, withdrawal, or
death of student.

Attendance and Discipline Files:
Cut off at end of school year. Destroy/delete when one year old.

Health Record Files:
Place in student record file upon transfer, withdrawal or death of
student.

School Ancillary Service Files:
Transfer to student record file upon graduation, transfer,
withdrawal or death of student.

School Mediation Agreement and Hearing Results Files:
Cut off after final decision. Destroy/delete when 20 years old.

School Special Education Files:
Cut off on graduation, transfer, withdrawal, or death of student.
Destroy/delete when 5 years old.

Student Administrative Files:
Cut off at end of school year or upon year student transfers.
Destroy after 1 year unless needed for further reference.

Student Record Request and Disclosure Files:
Cut off at end of school year. Destroy/delete when 2 years old.

System manager(s) and address:
Area school district system manager addresses may be obtained from
the Office of the Director, Department of Defense Education Activity,
4040 North Fairfax Drive, Arlington, VA 22203-1634.

Notification procedure:
Individuals seeking to determine whether this system contains
information about themselves should address written inquiries to Area
or District Systems Managers or the Privacy Act Officer, Department of
Defense Education Activity, 4040 North Fairfax Drive, Arlington, VA
22203-1635.

[[Page 24006]]

Written requests must contain the full name and signature of the
requester. When the requester is not the student, state the requester's
relationship to the student and include a student's written
authorization to disclose the information or evidence of the parental/
legal relationship that establishes the parent's or legal guardian's
right to access that information such as, a certified copy of a court
order, or sufficient information about the requester (SSN, unique
student identifier, date of birth) to permit DoDEA to verify custody
through the Defense Enrollment Eligibility Reporting System.
The request must state the name used by the student at the time of
school attendance, the student's birth date, name, and location of the
school(s) attended, and the approximate dates of attendance.

Record access procedures:
Parents/legal guardians and personnel acting as a parent, pursuant
to appointment by competent authority in the absence of a parent or
legal guardian, are authorized access to the student records of their
``dependent'' student, as defined in DoD Joint Travel Regulation,
Volume 2, Appendix A (JTR V. 2, App. A). Access is afforded to either
parent, unless DoDEA is provided with evidence that there is a court
order, such as, but not limited to, a divorce, separation, adoption or
custody decree, that specifically revokes these rights.
While a student is currently enrolled in a DoDEA school, the
student or the student's parent/legal guardian, and individuals in
overseas areas designated as temporary foster parents, may access their
student's records maintained at the student's school by making a
request for such access to the student's teachers, registrars and
administrators, in accordance with the procedures established at the
school, or may request access in writing according to the instructions
below.
Individuals may submit written requests for access to student
information about themselves, and parents/legal guardians of dependent
children may submit written requests about their children to the
appropriate Area or District Records Systems Managers, or to the
Privacy Act Officer, Department of Defense Education Activity, 4040
North Fairfax Drive, Arlington, VA 22203-1635.
Written requests must contain the full name and signature of the
requester. When the requester is not the student, state the requester's
relationship to the student and include a student's written
authorization to disclose the information or evidence of the parental/
legal relationship that establishes the parent's or legal guardian's
right to access that information such as, a certified copy of a court
order, or sufficient information about the requester (SSN, unique
student identifier, date of birth) to permit DoDEA to verify custody
through the Defense Enrollment Eligibility Reporting System. The
request must also state the name used by the student at the time of
school attendance, the student's birth date, the name, and location of
the school(s) attended, and the approximate dates of attendance.

Contesting records procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are contained in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.

Record source categories:
Individuals; parents/guardians, DoDEA staff, including school
teachers, principals and administrators, counselors, occupational and
physical therapists, and other educational service providers; service
providers; other educational facilities; medical facilities and
personnel; military commands; and members of and activities in the
community.

Exemptions claimed for the system:
None.

[FR Doc. 2011-10369 Filed 4-28-11; 8:45 am]
BILLING CODE 5001-06-P