[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27211-27214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11062]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records--Evaluation of Response to 
Intervention Practices for Elementary School Reading

AGENCY: Institute of Education Sciences, 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, 5 
U.S.C. 552a (Privacy Act), the Department of Education (Department) 
publishes this notice of a new system of records entitled ``Evaluation 
of Response to Intervention Practices for Elementary School Reading'' 
(18-13-30). The National Center for Education Evaluation and Regional 
Assistance at the Department's Institute of Education Sciences (IES) 
commissioned this evaluation as part of the congressionally mandated 
national assessment of the Individuals with Disabilities Education Act 
(IDEA). It is being conducted under a contract that IES awarded in 
March 2008.

[[Page 27212]]

    The central research questions that the study will address are:
    (1) What is the average impact on academic achievement of providing 
intensive secondary reading interventions to elementary school children 
who have been identified as at risk for reading difficulties compared 
with children just above the cutoff point for providing intervention?
    (2) How do academic outcomes, including reading achievement and 
special education identification, vary with elementary schools' 
adoption of Response to Intervention practices for early grade reading?
    (3) How do Response to Intervention practices for early grade 
reading vary across elementary schools, and how are they related to 
academic outcomes?
    The information contained in the records maintained in this system 
will be used for statistical purposes. The system will contain records 
on approximately 31,076 students in first through third grade, 1,460 
teachers, and 1,606 reading interventionists in 146 elementary schools 
in 13 states.

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 June 
10, 2013.
    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 individual 
delegated the authority to perform the functions and duties of the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB) on May 6, 2013. This system of 
records will become effective at the later of (1) the expiration of the 
40-day period for OMB review on June 5, 2013, unless OMB waives 10 days 
of the 40-day review period for compelling reasons shown by the 
Department, or (2) June 10, 2013, 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 Dr. 
Audrey Pendleton, Associate Commissioner, 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 20208-0001. Telephone: (202) 208-7078. 
If you prefer to send comments through the Internet, use the following 
address: [email protected].
    You must include the phrase ``Evaluation of Response to 
Intervention Practices for Elementary School Reading'' 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 502D, 555 New Jersey Avenue 
NW., Washington, DC, between the hours of 8:00 a.m. and 4:30 p.m., 
Washington, DC 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 accommodation or 
auxiliary 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 accommodation or auxiliary aid, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Dr. Audrey Pendleton. Telephone: (202) 
208-7078. If you use a telecommunications device for the deaf (TDD) or 
a text telephone (TTY), call the Federal Relay Service (FRS), toll 
free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or compact 
disc) 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 part 5b of title 34 of the Code of 
Federal Regulations (CFR).
    The Privacy Act applies to information about individuals that 
contains individually identifying 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.''
    Whenever the agency publishes a new system of records or makes a 
significant change to an established system of records, the Privacy Act 
requires each agency to publish a notice of a system of records in the 
Federal Register. Each agency is also required to send copies of the 
report to the Administrator of the Office of Information and Regulatory 
Affairs at OMB, the Chair of the Senate Committee on Homeland Security 
and Governmental Affairs, and the Chair of the House Committee on 
Oversight and Government Reform. These reports are included to permit 
an evaluation of the probable effect of the proposal on the privacy 
rights of individuals.

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 
Federal Register by using the article search feature at: 
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 6, 2013.
John Q. Easton,
Director, Institute of Education Sciences.

    For the reasons discussed in the preamble, the Director of the 
Institute of Education Sciences (Director), U.S. Department of 
Education, publishes a notice of a new system of records to read as 
follows:
SYSTEM NUMBER:
    18-13-30

SYSTEM NAME:
    Evaluation of Response to Intervention Practices for Elementary 
School Reading.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATIONS:
    (1) Evaluation Division, National Center for Education Evaluation 
and Regional Assistance, Institute of Education Sciences (IES), U.S. 
Department of Education (Department),

[[Page 27213]]

555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
    (2) MDRC, 19th Floor, 16 E. 34th Street, New York, NY 10016-4326 
(contractor).
    (3) Survey Research Management, 4909 Nautilus Court North, Suite 
220, Boulder, CO 80301-3692 (subcontractor).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system will contain records on approximately 31,076 students in 
first through third grade, 1,460 teachers, and 1,606 reading 
interventionists in 146 elementary schools in 13 states.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system of records will include personally identifying 
information about students in elementary schools that have agreed to 
participate in the evaluation. This information will include: Name; 
birth date; demographic information such as race, ethnicity, gender, 
age, and eligibility for free or reduced price lunches; English Learner 
status; grade level; receipt of reading instruction and interventions; 
special education status and disability category; and scores on reading 
achievement tests. In addition, the system will include personally 
identifying information about reading teachers and reading 
interventionists within participating elementary schools, including 
names, educational attainment, teaching experience, training, and 
instructional practices.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This evaluation is authorized under Section 664 of Part D of the 
Individuals with Disabilities Education Act, 20 U.S.C. 1464 (IDEA).

PURPOSE(S):
    The information contained in the records maintained in this system 
will be used for statistical purposes to evaluate the implementation 
and effectiveness of Response to Intervention practices and related 
coordinated early intervening services authorized under the IDEA. This 
information will also help school districts and school administrators 
design and implement more effective Response to Intervention programs. 
The central research questions that the study will address are:
    (1) What is the average impact on academic achievement of providing 
intensive secondary reading interventions to elementary school children 
who have been identified as at risk for reading difficulties compared 
with children just above the cutoff point for providing intervention?
    (2) How do academic outcomes, including reading achievement and 
special education identification, vary with elementary schools' 
adoption of Response to Intervention practices for early grade reading?
    (3) How do Response to Intervention practices for early grade 
reading vary across elementary schools, and how are they related to 
academic outcomes?

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. 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, 5 U.S.C. 552a (Privacy Act), under a computer 
matching agreement. Any disclosure of individually identifiable 
information from a record in this system must comply with the 
requirements of section 183 of the Education Sciences Reform Act, 20 
U.S.C. 9573 (ESRA), which provides confidentiality standards that apply 
to all collection, reporting, and publication of data by IES.
    (1) Research Disclosure. The Director of IES may license de-
identified confidential information from this system of records to 
qualified external researchers solely for the purpose of carrying out 
specific research that is compatible with the purpose of this system of 
records. The researcher shall be required to maintain safeguards with 
respect to such records under the Privacy Act and the ESRA. The 
researcher shall be required to maintain the confidentiality of the 
licensed data and use it only for statistical purposes. All licensing 
will be accomplished pursuant to the National Center for Education 
Statistics Licensing Program, described in the following Web site: 
http://nces.ed.gov/statprog/instruct.asp. When personally identifiable 
information from a student's education records will be disclosed to the 
researcher under the Family Educational Rights and Privacy Act, 20 
U.S.C. 1232g (FERPA), the researcher also shall be required to comply 
with the requirements in the applicable FERPA exception to consent, 
such as a written agreement between the researcher and IES pursuant to 
the written agreement requirements under FERPA.
    (2) Contract Disclosure. If the Department contracts with an entity 
to perform any function that requires disclosure of records in this 
system to the contractor's employees, the Department may disclose the 
records to those employees who have received the appropriate level of 
security clearance from the Department. Before entering into such a 
contract, the Department will require the contractor to establish and 
maintain the safeguards required under the Privacy Act (5 U.S.C. 
552a(m)) with respect to the records in the system.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

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 
(MDRC) and subcontractor (Survey Research Management) maintain data for 
this system on computers and in hard copy.

RETRIEVABILITY:
    Records in this system are indexed and retrieved 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 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 a similar set of procedures at their sites to ensure 
confidentiality of data. The contractor and subcontractor 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. 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.

[[Page 27214]]

    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 
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. The 
Department's, contractor's, and subcontractor's employees who 
``maintain'' (collect, maintain, use, or disseminate) data in this 
system shall comply with the requirements of the Privacy Act and the 
confidentiality standards in section 183 of the ESRA, which provides 
criminal penalties for violations.

RETENTION AND DISPOSAL:
    These records are covered by a draft records schedule under 
development, ED 231 Research and Statistics Records. This schedule 
shall be submitted to NARA for review and approval when complete. Until 
such time as it is approved by NARA, no records shall be destroyed.

SYSTEM MANAGER AND ADDRESS:
    Associate Commissioner, 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 20208-0001.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you or 
your child in the system of records, contact the system manager at the 
address listed under

SYSTEM MANAGER AND ADDRESS:
    Your request must meet the requirements of the Department's Privacy 
Act regulations at 34 CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURE:
    If you wish to gain access to your or your child's record in the 
system of records, contact the system manager at the address listed 
under SYSTEM MANAGER AND ADDRESS. Your request must meet the 
requirements of the Department's Privacy Act regulations at 34 CFR 
5b.5, including proof of identity.

CONTESTING RECORD PROCEDURE:
    If you wish to contest the content of a record regarding you or 
your child in the system of records, contact the system manager at the 
address listed under SYSTEM MANAGER AND ADDRESS. Your request must meet 
the requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7, including proof of identity, specification of the particular 
record you are seeking to have changed, and the written justification 
for making such a change.

RECORD SOURCE CATEGORIES:
    This system will contain records on students, teachers, and reading 
interventionists participating in the Evaluation of Response to 
Intervention Practices for Elementary School Reading. Data will be 
obtained through student records maintained by the school districts, 
assessments administered to students, and surveys of teachers and 
reading interventionists.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-11062 Filed 5-8-13; 8:45 am]
BILLING CODE 4000-01-P