80 FR 16645 - Privacy Act of 1974; System of Records; Impact Evaluation of Training in Multi-Tiered Systems of Support for Behavior

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 60 (March 30, 2015)

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled ``Impact Evaluation of Training in Multi-Tiered Systems of Support for Behavior'' (18-13-38). The National Center for Education Evaluation and Regional Assistance at the Department's Institute of Education Sciences (IES) awarded a contract in November 2013 to MDRC to provide evidence on the effectiveness of training teachers and school staff in multi-tiered systems of supports for behavior (MTSS-B).

[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16645-16648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07321]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records; Impact Evaluation of 
Training in Multi-Tiered Systems of Support for Behavior

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 
(Privacy Act), the Department of Education (Department) publishes this 
notice of a new system of records entitled ``Impact Evaluation of 
Training in Multi-Tiered Systems of Support for Behavior'' (18-13-38). 
The National Center for Education Evaluation and Regional Assistance at 
the Department's Institute of Education Sciences (IES) awarded a 
contract in November 2013 to MDRC to provide evidence on the 
effectiveness of training teachers and school staff in multi-tiered 
systems of supports for behavior (MTSS-B).

DATES: Submit your comments on this proposed new system of records on 
or before April 29, 2015.
    The Department filed a report describing the new system of records 
covered by this notice with the Chair of the Senate Committee on 
Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on March 18, 2015. This system of records will become 
effective on the later date of: (1) The expiration of the 40-day period 
for OMB review on April 27, 2015, unless OMB waives 10 days of the 40-
day review period for compelling reasons shown by the Department, or 
(2) April 29, 2015, unless the system of records needs to be changed as 
a result of public comment or OMB review. The Department will publish 
any changes to the system of records or routine uses that result from 
public comment or OMB review.

ADDRESSES: Address all comments about the new system of records 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 your comments via email, use the following 
address: [email protected].
    You must include the phrase ``Impact Evaluation of Training in 
Multi-Tiered Systems of Support for Behavior'' in the subject line of 
the email.
    During and after the comment period, you may inspect all public 
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

[[Page 16646]]

Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request we will provide 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 aid, please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: 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 use a 
telecommunications device for the deaf (TDD) or a text telephone (TTY), 
you may 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 (e)(4) and (e)(11)) 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 any record 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 (SSN). 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 notice of a 
system of records in the Federal Register and to prepare and send a 
report to OMB whenever the agency publishes a new system of records or 
makes a significant change to an established system of records. 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 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.
    The system will contain personally identifying information on 
approximately 38,000 students and 3,600 teachers and other school staff 
from 12 school districts and will include, but not necessarily be 
limited to, data on: (1) For students, standardized math and English/
Language Arts test scores, age, sex, race/ethnicity, grade, eligibility 
for free/reduced-price lunches, English Learner status, individualized 
education program status, school enrollment dates, attendance, 
discipline records, school engagement, and student behavior, and (2) 
for teachers and other school staff, school assignments, positions, 
grades and subjects taught, any available teacher and staff background 
characteristics, including age, sex, race/ethnicity, certifications, 
and years of teaching experience, and classroom management and behavior 
support practices.
    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.thefederalregister.org/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: March 19, 2015.
Sue Betka,
Acting Director, Institute of Education Sciences.
    For the reasons discussed in the preamble, the Director of the 
Institute of Education Sciences, U.S. Department of Education 
(Department) publishes a notice of a new system of records to read as 
follows:
SYSTEM NUMBER:
    18-13-38

SYSTEM NAME:
    Impact Evaluation of Training in Multi-Tiered Systems of Support 
for Behavior.

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, 555 New Jersey Avenue NW., Room 502D, 
Washington, DC 20208-0001.
    (2) MDRC, 16 East 34 Street, 19th Floor, New York, NY 10016-4326 
(contractor).
    (3) American Institutes for Research (AIR), 1000 Thomas Jefferson 
Street NW., Washington, DC 20007-3835 (subcontractor).
    (4) Decision Information Resources (DIR), Inc., 2600 Southwest 
Freeway, Suite 900, Houston, TX 77098-4610 (subcontractor).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system of records will include personally identifying 
information about the students as well as teachers and other school 
staff who participate in the study. The system will contain records on 
approximately 38,000 students and 3,600 teachers and other school staff 
from 12 school districts.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For students, this information will include, but will not 
necessarily be limited to, standardized math and English/Language Arts 
test scores, age, sex, race/ethnicity, grade, eligibility for free/
reduced-price lunches, English Learner status, individualized education 
program status, school enrollment dates, attendance, discipline 
records, school engagement, and student behavior. For teachers and 
other school staff, this information will include, but will not 
necessarily be limited to, school assignments, positions, grades and 
subjects taught, any available teacher and staff background 
characteristics, including age, sex, race/ethnicity, certifications, 
and years of teaching experience, and classroom management and behavior 
support practices.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system of records is authorized under sections 171(b) and 173 
of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) 
and 9563) and section 664 of the Individuals with Disabilities 
Education Improvement Act of 2004 (20 U.S.C. 1464).

[[Page 16647]]

PURPOSE(S):
    The information contained in the records maintained in this system 
will be used to conduct a rigorous study of the effectiveness of 
providing school staff with training in multi-tiered systems of 
supports for behavior.
    The study will address the following central research questions: 
What are the impacts on school climate, school staff practice, and 
student outcomes of providing training in MTSS-B that includes 
universal supports (Tier I)? What are the impacts on school climate, 
school staff practice, and student outcomes of providing training in 
MTSS-B that includes universal supports (Tier I) plus targeted 
interventions for at-risk students (Tier II)? What is the impact of 
additional training in targeted interventions for at-risk students 
(Tier II) for schools already trained in MTSS-B that includes universal 
supports (Tier I)? What are the impacts for relevant subgroups 
including students with at-risk behavior, students with disabilities, 
and teachers with less experience? Which strategies are correlated with 
improvement in student 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. 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 Privacy Act of 1974, as amended (Privacy Act), under a computer 
matching agreement. Any disclosure of individually identifiable 
information from a record in this system must also comply with the 
requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for 
confidentiality standards that apply to all collection, reporting, and 
publication of data by the Institute of Education Sciences. It must 
also comply with the requirements of the Family Educational Rights and 
Privacy Act (20 U.S.C. 1232g; 34 CFR part 99), which protects the 
privacy of student education records.
    The Department may disclose records under the ``contract 
disclosure'' proposed routine use. If the Department contracts with an 
entity for the purpose of performing any function that requires 
disclosure of records in this system to employees of the contractor, 
the Department may disclose the records to those employees 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 maintain Privacy Act safeguards, as required 
under 5 U.S.C. 552a(m), with respect to the records in the system.

 DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Department will maintain records on CD-ROM, and the contractor 
(MDRC) and subcontractors (AIR and DIR) will maintain data for this 
system on computers and in hard copy.

RETRIEVABILITY:
    Records in this system will be indexed and retrieved by a unique 
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 subcontractors, where this system of 
records will be 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 subcontractors will establish a similar set of 
procedures at their sites to ensure confidentiality of data. The 
contractor and subcontractors are required to ensure that information 
identifying individuals is in files physically separated from other 
research data and electronic files identifying individuals are 
separated from other electronic research data files. The contractor 
will maintain security of the complete set of all master data files and 
documentation. Access to individually identifiable data will be 
strictly controlled. All information will be kept in locked file 
cabinets during nonworking hours, and work on hardcopy data will take 
place in a single room, except for data entry.
    Physical security of electronic data also will be maintained. 
Security features that protect project data will include: Password-
protected accounts that authorize users to use the contractor's system 
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, the 
contractor's, and the subcontractor's employees who ``maintain'' 
(collect, maintain, use, or disseminate) data in this system must 
comply with the requirements of the Privacy Act and the confidentiality 
standards in section 183 of the ESRA (20 U.S.C. 9573).

RETENTION AND DISPOSAL:
    Records are maintained and disposed of in accordance with the 
Department's Records Disposition Schedules (GRS 23, Item 8).

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 in 
the system of records, contact the system manager. 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 a record about you in this system of 
records, contact the system manager. 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 in the 
system of records, contact the system manager. Your request must meet 
the requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7, including proof of identity.

RECORD SOURCE CATEGORIES:
    This system will contain records on students as well as teachers 
and other school staff in an impact evaluation of training in multi-
tiered systems of supports for behavior. Data will be obtained through 
human resource and student administrative records maintained by the 
school districts,

[[Page 16648]]

surveys of students as well as teachers and other school staff, 
observations of classrooms, ratings of student behavior, and individual 
student testing.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2015-07321 Filed 3-27-15; 8:45 am]
 BILLING CODE 4000-01-P