[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26531-26534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10835]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2012-OESE-0009]


Request for Information To Gather Technical Expertise Pertaining 
to the Disaggregation of Asian and Native Hawaiian and Other Pacific 
Islander Student Data and the Use of Those Data in Planning and 
Programmatic Endeavors

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Request for Information.

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SUMMARY: The U.S. Department of Education (the Department) is seeking 
to gather and share information about practices and policies regarding 
existing education data systems that disaggregate data on subgroups 
within the Asian and Native Hawaiian or Other Pacific Island (ANHPI) 
student population. The Department anticipates making use of this 
information to help State educational agencies (SEAs), local 
educational agencies (LEAs), schools, and institutions of higher 
education (IHEs) identify, share, and implement promising practices and 
policies for identifying and overcoming challenges to gathering and 
disaggregating data on subgroups within the ANHPI student population. 
SEAs, LEAs, schools, and IHEs might then use those data to improve 
their ability to respond to the unique needs and issues that might 
exist for these subgroups.
    The Department is issuing this request for information (RFI) to 
collect information about promising practices and policies regarding 
existing education data systems and models that disaggregate data on 
subgroups within the ANHPI student population. The Department poses a 
series of questions to which we invite interested members of the 
public, including experts and data collection practitioners, to 
respond. The Department will publish a document that contains a summary 
of the recommendations that we will develop using information obtained 
as a result of the RFI and through other outreach efforts.
    This RFI has no effect on the existing Federal data collection and 
aggregate reporting requirements for racial and ethnic data by 
educational agencies and institutions. The Department is not 
considering modifying its racial and ethnic data collection and 
reporting requirements set forth in its 2007 Final Guidance on 
Maintaining, Collecting, and Reporting Racial and Ethnic Data to the 
U.S. Department of Education (2007 Guidance), 72 FR 59266 (October 19, 
2007). http://www2.ed.gov/legislation/FedRegister/other/2007-4/101907c.html.

DATES: Written submissions must be received by the Department on or 
before July 3, 2012.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via U.S. mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by email. To ensure that we do not receive 
duplicate copies, please submit your comments only one time. In 
addition, please include the Docket ID and the term ``Data 
Disaggregation Response'' at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to Use This Site.''
     U.S. Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments, address them to Donald Yu, Attention: 
ANHPI Student Data Disaggregation RFI, U.S. Department of Education, 
400 Maryland Avenue SW., room 7C157, Washington, DC 20202-6132.
     Privacy Note: The Department's policy for comments 
received from members of the public (including comments submitted by 
mail, commercial delivery, or hand delivery) is to make these 
submissions available for public viewing in their entirety on the 
Federal eRulemaking Portal at www.regulations.gov. Therefore, 
commenters should be careful to include in their comments only 
information that they wish to make publicly available on the Internet.
    Given the subject matter, some comments may include proprietary 
information as it relates to confidential commercial information. The 
Freedom of Information Act defines ``confidential commercial 
information'' as information the disclosure of which could reasonably 
be expected to cause substantial competitive harm. You may wish to 
request that we not disclose what you regard as confidential commercial 
information.
    To assist us in making a determination on your request, we 
encourage you to identify any specific information in your comments 
that you consider confidential commercial information. Please list the 
information by page and paragraph numbers.
    While this RFI is seeking to gather information related to policies 
and practices, you should still make certain your comments do not 
include disclosures of personally identifiable information from 
students' education records in a manner that violates the Family 
Educational Rights and Privacy Act of 1974 (FERPA).

FOR FURTHER INFORMATION CONTACT: Donald Yu, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 3W104, Washington, DC 20202-
6132 by phone at 202-205-4499.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-(800) 877-8339.

[[Page 26532]]


SUPPLEMENTARY INFORMATION:

1. Introduction

    The Department is seeking information on disaggregation practices 
that SEAs, LEAs, schools, and IHEs use when collecting and reporting 
data on Asians and Native Hawaiians or Other Pacific Islanders.\1\ This 
is a request for information only. This RFI is specifically inquiring 
about examples of: (1) Existing data systems and models that 
disaggregate data on subgroups within the ANHPI student population; (2) 
the categories for which these systems and models disaggregate data by 
ANHPI subgroup, including, but not necessarily limited to, languages 
spoken, English language proficiency, and graduation rates; (3) the 
challenges that administrators of those systems and models have 
encountered in gathering high-quality disaggregated data on subgroups 
within the ANHPI student population, and the actions they have taken to 
overcome those challenges; and (4) how educational agencies or 
institutions have used, or are using, disaggregated data on ANHPIs to 
improve their ability to identify and respond to unique educational 
needs and issues of those populations.
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    \1\ OMB defines ``Asian'' as a person having origins in any of 
the original peoples of the Far East, Southeast Asia, or the Indian 
subcontinent including, for example, Cambodia, China, India, Japan, 
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and 
Vietnam. It includes people who indicate their race as ``Asian 
Indian,'' ``Chinese,'' ``Filipino,'' ``Korean,'' ``Japanese,'' 
``Vietnamese,'' and ``Other Asian'' or provide other detailed Asian 
responses. ``Native Hawaiian or Other Pacific Islander'' is defined 
as a person having origins in any of the original peoples of Hawaii, 
Guam, Samoa, or other Pacific Islands. It includes people who 
indicate their race as ``Native Hawaiian,'' ``Guamanian or 
Chamorro,'' ``Samoan,'' and ``Other Pacific Islander'' or provide 
other detailed Pacific Islander responses.
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    This RFI has no effect on the existing Federal data collection and 
aggregate reporting requirements for racial and ethnic data by 
educational agencies and institutions. The Department is not 
considering modifying its racial and ethnic data collection and 
reporting requirements. The 2007 Guidance sets forth requirements that 
aim to strike the balance between minimizing the burden for educational 
agencies and institutions while also ensuring the availability of high-
quality racial and ethnic data for carrying out the Department's 
responsibilities in such areas as civil rights enforcement, program 
monitoring, the identification and placement of students in special 
education, research and statistical analyses, and accountability for 
student achievement. Beyond the Federal collection and reporting 
requirements, an educational agency or institution has the flexibility 
to collect data on subcategories of racial and ethnic data for their 
own educational purposes. In the 2007 Guidance, the Department noted 
that an educational institution may collect racial and ethnic data on 
sub-categories of students, so long as the educational institution can 
aggregate the data into Federal reporting categories. The Department 
has encouraged educational agencies and institutions to pursue this 
option if they determine that it would benefit their educational 
purposes, provided that they can still aggregate the data into the 
reporting categories required by the Department. Any additional racial 
and ethnic subcategories may be used by the State or educational 
institution and are not reported to the Department.
    It is with this flexibility in mind that we are publishing this 
RFI, to learn from and better understand what SEAs, LEAs, schools, and 
IHEs around the country are doing with regard to collecting racial and 
ethnic data on sub-categories of students and to make any promising 
practices available to other educational agencies and institutions that 
may be interested in adopting similar policies or practices.
    This RFI is issued solely for information and planning purposes and 
is not a request for proposals (RFP) or notice inviting applications 
(NIA) or a promise to issue an RFP or NIA. This RFI does not commit the 
Department to contract for any supply or service whatsoever. Further, 
the Department is not now seeking proposals and will not accept 
unsolicited proposals. The Department will not pay for any information 
or administrative costs that you may incur in responding to this RFI.
    The documents and information submitted in response to this RFI 
become the property of the U.S. Government and will not be returned.

2. Background

    Disaggregating data on subgroups within the ANHPI student 
population has long been a priority for some educators, researchers, 
and advocates. Although data are limited, evidence shows large 
disparities among ANHPI subgroups in terms of income and educational 
attainment (Maramba, 2011). For instance, Southeast Asian Americans 
(SEAAs) have some of the highest poverty rates in the Nation: 37.8 
percent of Hmong-Americans, 29.3 percent of Cambodian-Americans, 18.5 
percent of Laotian-Americans, and 16.6 percent of Vietnamese-Americans 
in the United States live in poverty (Reeves and Bennett, 2004; 
Teranishi, 2010).
    In terms of educational attainment, data from the 2010 U.S. Census 
reveal that 37 percent of Cambodian-Americans, 38 percent of Hmong-
Americans, 33 percent of Laotian-Americans, and 29 percent of 
Vietnamese-Americans over 25 years of age had less than a high school 
education in 2010, compared with only 5.4 percent of Japanese-Americans 
and 7 percent of Indonesian-Americans. Additionally, according to the 
2010 Census, only 13 percent of Native Hawaiians and Pacific Islanders 
in the United States 25 years of age and older had at least a 
bachelor's degree. By contrast, 37.8 percent of Filipino-Americans 25 
and older had at least a bachelor's degree. On the issue of limited 
English language proficiency, 44 percent of Bangladeshi-Americans and 
51 percent of Vietnamese-Americans indicated they did not speak English 
very well (2010 U.S. Census).
    Data on the ANHPI student population as a whole, without 
disaggregation, mask the hidden achievement gaps among subgroups of 
ANHPI students and creates a need for further disaggregation of 
educational data among ANHPI student subgroups (Maramba, 2011). Without 
disaggregated data, educational agencies and institutions might lack 
the critical and in-depth information they need to identify, target, 
and effectively address the unique needs of the subgroups of students 
who are not succeeding.
    There could be several applications for disaggregated data. For 
instance, SEAs, LEAs, schools, and IHEs could use those data to:
     Identify achievement gaps within the population of ANHPI 
students;
     Ensure that support services are available to the most 
needy ANHPI subgroups;
     Analyze graduation rates and college enrollment rates for 
the purpose of making decisions on LEA- and school-level interventions;
     Examine disparities in school discipline; and
     Identify rates of enrollment in rigorous courses (e.g., 
high-level science, technology, engineering, and mathematics course; 
honors courses; advanced placement and International Baccalaureate 
courses).
    While this list of potential uses of disaggregated data is not 
exhaustive, some SEAs, LEAs, schools, and IHEs might be using 
disaggregated data in innovative ways, and the Department would like to 
know how this information is being used to improve achievement for 
ANHPI student subgroups.

[[Page 26533]]

    The Department has made some progress in revealing hidden 
achievement gaps among ANHPI subgroups. In 2007, in its Revisions to 
the Standards for the Classification of Federal Data on Race and 
Ethnicity, 62 FR 58782 (October 30, 1997), the Department changed the 
racial and ethnic data reporting requirements that implement the 
Government-wide standards established by the Office of Management and 
Budget; www.whitehouse.gov/omb/fedreg/1997standards.html. This change 
has required educational institutions to report ``Asian'' data 
separately from ``Native Hawaiian or Other Pacific Islander'' data to 
the Department beginning in school year 2010-11.
    In accordance with the 2007 Guidance and for the first time in 
2011, the Department's National Center for Education Statistics (NCES) 
reported data for Asian American students separately from Native 
Hawaiian and Other Pacific Islander students in the National Assessment 
of Educational Progress (NAEP) reports. NAEP reports serve as a common 
metric for all States, providing a clear picture of student academic 
progress over time. New baseline data from these NAEP reports show that 
Native Hawaiians and Other Pacific Islanders face achievement gaps 
typically reported of other minority students.
    Further, on October 14, 2009, President Obama signed Executive 
Order 13515 ``Increasing Participation of Asian Americans and Pacific 
Islanders in Federal Programs'' (EO 13515). EO 13515 requires that each 
participating Federal agency--including the Department--develop a plan 
for ``improv[ing] the quality of life of Asian Americans and Pacific 
Islanders through increased participation in Federal programs in which 
Asian Americans and Pacific Islanders may be underserved.''
    The Department submitted its plan to the President in October 2010. 
The plan includes a goal to ``identify and highlight three models with 
potential for replication of how schools and colleges use disaggregated 
data systems for * * * students to increase attainment and 
achievement.'' The plan further states that ``[a]lthough data on 
educational achievement and attainment are generally disaggregated by 
major racial and ethnic groups * * *, a lack of further disaggregation 
* * * masks hidden achievement gaps.''
    This RFI is one step the Department is taking to achieve the goal 
previously described. The RFI seeks information about existing 
practices and policies about collecting data and its use to improve 
instructions for ANHPI student subgroups. In addition, we are 
interested in receiving technical information about these systems, 
legal obstacles that were encountered and how those obstacles were 
resolved (including any regulatory solutions), and other information 
that would help the public understand how these practices and policies 
for the collection and use of data on subgroups within the ANHPI 
student population could be implemented by other SEAs, LEAs, schools, 
and IHEs.
    The Department plans to develop a summary of the recommendations 
drawn from the responses to the RFI that will be used to help inform 
interested organizations. Further, it is the Department's goal to take 
what we have learned from the RFI and deliver voluntary technical 
assistance to SEAs and LEAs.

3. Context for Responses

    3.1 The primary goal of this RFI is to gather information related 
to the disaggregation and use of student data on subgroups within ANHPI 
student populations, and then to disseminate that information to the 
public, specifically to SEAs, LEAs, schools, and IHEs. Toward that end, 
the Department welcomes responses that address SEA, LEA, school, and 
IHE policies and practices related to the issues discussed in this 
notice and to applicable Federal, State, and local laws. To help focus 
our consideration of the responses provided, we have developed several 
questions. Because the questions are only guides to helping us better 
understand the issues surrounding ANHPI data disaggregation in various 
education communities, respondents do not have to respond to any 
specific question and may provide comments in a format that is most 
convenient to them. Commenters may also provide relevant information 
that is not responsive to a particular question but might, 
nevertheless, be helpful.
    3.2 General Questions Regarding Disaggregation of Data on Subgroups 
within Asian and Native Hawaiian or Other Pacific Islander Student 
Populations.
    3.2.1 Disaggregation Policies and Practices. We would be interested 
in learning whether your SEA, LEA, school, or IHE has a policy for 
disaggregating data on ANHPI racial or ethnic subgroups. If you do have 
such a policy, we would appreciate learning how your educational agency 
or institution disaggregates the data. For instance, when data for 
ANHPI student subgroups are disaggregated, what are the specific 
categories that are used, and why? It would be helpful to know whether 
the categories are primarily based upon categories used by the U.S. 
Census, e.g., Asian Indian, Cambodian, Hmong, and Laotian. If not, we 
would be interested in learning what categories are used and why. We 
would also find it helpful if commenters could describe the information 
about ANHPI student subgroups that is most helpful in identifying and 
addressing the educational needs of these student subgroups, e.g., 
ethnicity, language, background, gender, etc.
    3.2.3 Data Collection and Systems. Please describe how the data are 
collected. For example, are the data collected through an annual 
questionnaire or survey given to parents or students? What data 
systems, such as a statewide longitudinal data system, are currently 
being used to collect and maintain disaggregated data? What, if 
anything, had to be changed about your data system in order to collect 
disaggregated data regarding ANHPI student subgroups?
    3.2.4 Effective Use of Disaggregated Data. Has your practice of 
collecting and using disaggregated data for ANHPI students improved 
your SEA's, LEA's, school's or IHE's ability to identify and respond to 
the unique educational needs and issues of ANHPI student subgroups? If 
so, how? Have specific programs been created or specific interventions 
been implemented in response to the disaggregated data? Please describe 
these programs or interventions and how they have targeted specific 
communities.
    3.2.5 Barriers. What barriers or challenges exist that make 
adoption of these practices and policies at the SEA, LEA, school, or 
postsecondary levels difficult? Are there common capacity challenges 
(e.g., training or technology) that SEAs, LEAs, schools, and IHEs might 
face when disaggregating data on ANHPI student subgroups? Did your SEA, 
LEA, school, or IHE encounter privacy issues with the smaller subgroups 
resulting from disaggregating data on the ANHPI student population? 
What are the general lessons learned from the adoption of these 
disaggregation practices?
    3.2.6 Reporting and Transparency. For SEAs, LEAs, schools, and IHEs 
that have disaggregated data for ANHPI student subgroups, how are 
disaggregated data being publicly reported and used? For example, how 
have the data been used in outreach efforts, curricula development, 
adaptation of English language proficiency programs, and dropout 
prevention efforts?
    References:


[[Page 26534]]


Maramba, D. C. 2011. ``The Importance of Critically Disaggregating 
Data: The Case of Southeast Asian American College Students.'' aapi 
nexus Vol. 9, No. 1&2 (Fall 2011): 127-133.
Reeves, T. J. and C.E. Bennett. 2004. ``We the people: Asians in the 
United States.'' Washington, DC: U.S. Census Bureau.
Teranishi, R. T. 2010. Asians in the Ivory Tower: Dilemmas of Racial 
Inequality in American Higher Education. New York: Teachers College 
Press.

    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format, e.g., braille, large print, 
audiotape, or compact disc, on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document:
    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 
via the Federal Digital System at: www.gpo.gov/fdsys. At this site 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). To use PDF you must have Adobe Acrobat Reader, 
which is available free at the site.
    You may also access documents of the Department published in the 
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www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: May 1, 2012.
Martha Kanter,
Under Secretary.
Michael Yudin,
Deputy Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2012-10835 Filed 5-3-12; 8:45 am]
BILLING CODE 4000-01-P