[Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Notices]
[Page 24572-24574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my07-41]
[[Page 24572]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2007-OS-0039]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, DoD.
ACTION: Notice to alter a system of records.
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SUMMARY: The Office of the Secretary of Defense is altering a system of
records notices in its existing inventory of record systems subject to
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
June 4, 2007 unless comments are received which result in a contrary
determination.
ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records
Management Section, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Ms. Juanita Irvin at (703) 696-4940.
SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
systems of records notices 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 address above.
The proposed amendments are not within the purview of subsection
(r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which
requires the submission of a new or altered system report. The proposed
systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of
1974, as amended, were submitted on April 23, 2007, the House Committee
on Oversight and Government Reform, the Senate Committee on Homeland
Security and Governmental Affairs, 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 27, 2007.
L.M. Bynum,
Alternative OSD Federal Register Liaison Officer, Department of
Defense.
DoDEA 26
System name:
Department of Defense Education Activity Dependent Children's
School Program Files (November 1, 2006, 71 FR 64247).
Changes:
* * * * *
Categories of records in the system:
Add to School Registration Card Files section ``sponsors orders,
birth certificates, housing documents, court documents that document a
student's relationship to the sponsor, agency certification of
sponsors, housing documents.''
* * * * *
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Add to entry ``To a non-DoD school receiving a student who is
transferring from a DoD school, upon request from the school. Only
academic and attendance records will be released.''
* * * * *
Retention and disposal:
Delete ``School Student Record Files'' entry and replace with
``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. Secondary School
transcripts will be cut off upon transfer, withdrawal, or death of
student. Secondary Transcript files are destroyed when 50 years old.
DoDDS transcripts are retained at the school for four years
following the graduation, transfer, withdrawal, or death of student or
until school closure whichever occurs first, and are then transferred
to the Area for one year, and then are transferred to the Thompson
Learning Center, Lawrenceville, NJ, until destroyed. DDESS transcripts
are stored at the school until destroyed. Panama transcripts are stored
at the DoDEA Records Center at Fort Benning, Georgia, until destroyed.
All other records included in this data base follow the disposition
schedules of the following files:''
* * * * *
DoDEA 26
System name:
Department of Defense Education Activity Dependent Children's
School Program Files.
System location:
DoDEA Headquarters Office DoDEA Area (DoDDS-Europe, DoDDS-Pacific,
and DDESS) offices and school districts. Specific addresses for each
Area office and school districts may be obtained from the DoDEA Web
site at http://www.dodea.edu. or from the DoDEA, Headquarters office,
4040 North Fairfax Drive, Arlington, VA 22203-1634, telephone 703 588-
3200.
Categories of individuals covered by the system:
Current and former students in schools operated by DoDEA, world-
wide.
Categories of records in the system:
School Student Record Files. Information includes records of
student name, Social Security Number (SSN), date of birth, citizenship,
etc. and sponsor identifiers and sponsor's permanent address, student
performance, achievements and recognition (academic, citizenship, and
athletic), standardized achievement tests scores and grades; reading
records, letters of recommendation, parental correspondence, and
similar records.
Health Record Files. Includes student health records, immunization
records, parental permission forms, screening results, sports
physicals, physician referrals, medication instructions, consent forms,
copies of accident reports, and similar records.
School Special Education Files. Information pertaining to special
education programs to include preferrals and referral forms and, when
appropriate, samples of student's work; Individual Education Plans;
Case Study Committee reports and minutes; test results and protocols;
disciplinary records, behavior plans and related information;
assessment and evaluation reports; correspondence between teachers,
service providers and/or parents; file access records and cross-
reference location information; results of special education
administrative hearings and other informal and formal conflict
resolution procedures, such as mediated agreements or settlement
documents; related service-provider reports, and teacher notes relevant
to the child's special education program or needs.
School Ancillary Service Files. Information on non-special
education supplemental student services, such as: Gifted Program,
English as a Second Language (ESL), Compensatory Education, Reading
Improvement to include consultation and referrals, 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 related information.
[[Page 24573]]
School Registration Card Files. Sponsor and/or pupil registration
cards reflecting student and sponsor Social Security Numbers, grade/
rank enrollment verification, sponsoring agency, emergency locator
information, `sponsors' orders, birth certificates, housing documents,
court documents that document a student's relationship to the sponsor,
agency certification of sponsors, housing documents, and similar
files.''
Teacher Class Register Files. Grade books reflecting scholastic
marks and averages, teacher comments and/or notes, student attendance
and withdrawal information, and similar files.
Transcript Files. Information consists solely of the student's
permanent records (transcripts) reflecting student name and social
security number, grades, course titles, credits, and similar related
information.
Transcript Request Files and other Disclosure Files. Request forms
and correspondence authorizing release of transcript and other school
student record files.
Report Card Files. Report cards that reflect scholastic grades,
promotion, retention.
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, and school investigative files, and similar related
information.
System Wide Assessment Files. System Wide Assessment results for
individual students and aggregated results for classrooms, schools,
districts and areas.
School Mediation Agreement and Hearing Results Files. Material on
mediations and hearings other than that contained in the individual
student record.
Authority for maintenance of the system:
10 U.S.C. 2164, DoD Domestic Dependent Elementary and Secondary
Schools; 10 U.S.C. 113, Secretary of Defense; 20 U.S.C. 921-932,
Overseas Defense Dependent's education; and E.O. 9397 (SSN).
Purpose(s):
The purpose of this system is to determine enrollment eligibility
and tuition status in DoDEA and DoDEA funded non-DoD schools; 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, hobbies and accomplishments; develop an appropriate
educational program, services and placement; provide information for
enrollment and student financial aid for post-DoDEA education and
employment; obtain and preserve school academic and athletic
accreditation; to provide directory information to military recruiters;
and to perform other related authorized educational duties required.
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, these records or information
contained therein 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, when the child is enrolled in
the school at DoD expense.
To Federal and State educational agencies and public and private
entities as needed to complete a student's application for or receipt
of financial aid.
To Federal, State, and local governmental officials to protect
health and safety in the event of emergencies.
To public and private organizations conducting studies on or on
behalf of DoDEA.
To State and local social service offices relative to law
enforcement inquiries and investigations and child placement/support
proceedings.
To private individuals, who have been appointed to DoDEA school
Boards, advisory committees, student disciplinary committees, school
improvement teams, and similar committees established by DoDEA, to
perform authorized DoDEA activities or functions.
To a non-DoD school receiving a student who is transferring from a
DoD school, upon request from the school. Only academic and attendance
records will be release.
The DoD `Blanket Routine Uses' set forth at the beginning of the
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 records in file folders and electronic storage media.
Retrievability:
By student surname, Social Security Number (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
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:
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. Secondary School
Transcripts will be cut off upon transfer, withdrawal, or death of
student. Secondary Transcript files are destroyed when 50 years old.
DoDDS student records are retained at the school for four years
following the graduation, transfer, withdrawal, or death of student or
until school closure whichever occurs first, and are then transferred
to the Area for one year, and then are transferred to the DoDEA Records
Center at Fort Benning, Georgia, until destroyed. DDESS student records
are stored at the school until destroyed. Panama student records are
stored at the DoDEA Records Center at Fort Benning, Georgia, until
destroyed. All other records included in this database follow the
disposition schedules of the following files:
Secondary School transcripts will be cut off upon transfer,
withdrawal, or death of student. Secondary Transcript files are
destroyed when 50 years old. DoDDS transcripts are retained at the
school for four years following the graduation, transfer, withdrawal,
or death of student or until school closure whichever occurs first, and
are then transferred to the Area for one year, and then are transferred
to the Thompson Learning Center, Lawrenceville, NJ, until destroyed.
DDESS transcripts are stored at the school until destroyed. Panama
transcripts are stored at the DoDEA Records Center at Fort Benning,
Georgia, until destroyed. All other records included in this data base
[[Page 24574]]
follow the disposition schedules of the following files:
Health Record Files. Place in student record file upon transfer,
withdrawal, or death of student.
School Special Education Files. Destroy/Delete when 5 years old.
Cut off on graduation, transfer, withdrawal or death of student.
Ancillary Service Files. Transfer to student record file upon
transfer, withdrawal, or death of student.
Registration Card Files. Transfer current card to student record
file upon graduation, transfer, withdrawal, or death of student.
Supporting documents used to determine eligibility, such as sponsor's
orders, birth certificates, custody documents, housing documents
(CONUS), and similar documents may be destroyed). A copy of current
card is maintained in the student record file to authorize release of
records. Destroy when superseded.
Teacher Class Register Files. Destroy/Delete when 1 year old. Cut
off at end of school year.
Master Student List Files. Destroy/Delete when 25 years. Cut off at
end of school year and retain in the CFA.
Transcript Files. Maintain transcripts IAW School Student Record
Files.
Transcript Request Files. Destroy/Delete when 2 years old. Cut off
at end of school year.
Secondary Report Card Files. Transfer to student record file upon
TWD of student.
Attendance and Discipline Files. Destroy/Delete when one year old.
Cut off at end of school year.
System Wide Assessment Files. Destroy after 6 years. Individual
reports maintained with the student records shall be retained in
accordance with the disposition instructions in FN 1005-06 (School
Student Record Files).
School Mediation Agreement and Hearing Results Files. Destroy/
Delete when 20 years old. Cut off after final decision. Retire OSD-
related records to the FRC when 5 years old.
Panama Student Records File. Destroy when 50 years old. Records
stored at the schools; DoDEA Records Center, 7441 Custer Road, Building
2670, Fort Benning, GA 31905; and Thompson Learning, Inc. (contractor)
2000 Lenox Drive, Lawrenceville, NJ 08648. Destroy when 50 years old.
System manager(s) and address:
Area school district system manager addresses may be obtained from
the Office of the Director, DoDEA, 4040 North Fairfax Drive, Arlington,
VA 22203-1634 or by visiting the Web site http://www.dodea.edu.
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.
Written requests for information should contain the full name, name
used at time of school attendance, date of birth, identity and location
of school attended, dates of attendance, and signature.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system 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 for access should contain the full name, name used
at time of school attendance, date of birth, identity and location of
school attended, dates of attendance, and signature.
Parents or legal guardians of a student may be given access to the
Children's School Program Files records without regard to who has
custody of the child, unless the child is age 18 or over, or a court
has directed otherwise.
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, school teachers, principals and administrators;
counselors, medical personnel, parents/guardians, occupational and
physical therapists, testing materials and activities, other
educational facilities, medical facilities, (examinations and
assessments), military commanders, and installation activities.
Exemptions claimed for the system:
None.
[FR Doc. E7-8434 Filed 5-2-07; 8:45 am]
BILLING CODE 5001-06-P