[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40605-40607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16103]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Privacy Act of 1974, as Amended; Amendment of an Existing System
of Records
AGENCY: Bureau of Indian Affairs (BIA), Interior.
ACTION: Proposed amendment of an existing system of records.
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SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA) is issuing public notice, pursuant to the Privacy Act of 1974 (5
U.S.C. 552a), of its intent to amend its existing Privacy Act system of
records notice entitled Interior, BIA-22, ``Indian Student Records,''
published at 55 FR 34085 (August 21, 1990).
DATE: Comments must be received by August 25, 2008.
ADDRESSES: Any persons interested in commenting on the amended system
of records may do so by submitting comments in writing to the Privacy
Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA
20170, or by e-mail to Joan.Tyler@bia.gov.
FOR FURTHER INFORMATION CONTACT: Kevin Skenandore, Acting Director,
Bureau of Indian Education (BIE), 1849 C Street, NW., MIB MS 3609,
Washington, DC 20245, or by e-mail to Kevin.Skenandore@bia.gov.
SUPPLEMENTARY INFORMATION: This notice is published pursuant to the
Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of
authority delegated by the Secretary of the Interior to the Assistant
Secretary--Indian Affairs, in 209 DM 8.1. This notice amends the
Privacy Act System of Records entitled Interior, BIA-22, ``Indian
Student Records.'' The purpose of the amendment is to: (1) Change the
name of the system from Interior, BIA-22, ``Indian Student Records'' to
Interior, BIA-22, ``Native American Student Information System''
(NASIS) (2) update the addresses of the system locations, system
managers, and the categories of individuals covered by the system
statement; (3) update the information regarding disclosures outside the
Department of the Interior; (4) update the information on student
records; (5) update the routine uses, storage, retrievability and
safeguards statements to incorporate the changes since the system
notice was last published, and (6) expand the existing system of
records to include information necessary to generate the reports the
Bureau of Indian Education produces annually to meet the various
requirements. A copy of the notice, with changes incorporated, is
attached.
Dated: July 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary, Policy and Economic Development.
SYSTEM NAME:
Native American Student Information System (NASIS), Interior, BIA-
22.
SYSTEM LOCATION:
(1) Bureau of Indian Education (BIE) Central Office, 1849 C Street,
NW., MS 3609, Washington, DC 20240.
(2) Bureau of Indian Affairs (BIA) Albuquerque Data Center, 1011
Indian School Road, NW, Albuquerque, NM 87104.
(3) Infinite Campus, 2 Pine Tree Drive, Suite 302, Arden Hills, MN
55112.
(4) BIE-specific school locations. For a listing of specific
locations, contact the Systems Manager.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All students who attend BIE-funded primary and secondary
schools;
All education staff who work at BIE-funded primary and
secondary schools, including school administrators, principals,
registrars, school clerks, teachers, teacher aides, counselors, school
bus drivers (for certifications), janitorial staff, food service staff,
school complex security staff, and dormitory staff; and
Parents or guardians of, and emergency or authorized
contacts for, students attending BIE-funded primary and secondary
schools.
CATEGORIES OF RECORDS IN THE SYSTEM:
School staff information including, but not limited to,
staff ID number, qualifications for staff position, school district of
employment and school district assignments, home address, home phone
number, and e-mail address;
Student information including name, birth date, address,
phone number, e-mail address, student ID information, student photo,
school, residential enrollment, free or reduced meal status, and
household census information;
Student tribal affiliation, tribal certificate type, and
validation of tribal membership;
Student contact information including contact information
for parents or guardians or other parties to contact in an emergency,
and relationships of students to emergency contacts;
Records documenting student behavior including information
on behavior problems and the resolution of the problems;
Transcripts, test scores, grades, education level, classes
available, class scheduling, special education data, gifted and
talented data, instructional and residential attendance;
School bus transportation data;
Languages spoken by students, level of English
proficiency, indigenous Indian languages spoken, and preferred
language;
Immunization records of students, health conditions of
students and other information pertaining to student health, including
treatments for health problems.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system of records is maintained under the authority of 25
U.S.C. 1, 1a, 13; 25 U.S.C. 480; Public Law 95-561 and subsequent
amendments; 25 CFR parts 31, 36, and 39; the Snyder Act (25 U.S.C. 13);
Johnson O'Malley Act (codified as amended, 25 U.S.C. 452 (2000));
Elementary and Secondary Education Act (20 U.S.C. 6301); Tribally
Controlled Schools Act (25 U.S.C. 2501 et seq.); Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450); Indian
Education Amendments of 1978 (25 U.S.C. 2001 et seq.); Individuals with
Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq.); Improving
America's Schools Act (Pub. L. 103-382); and the No Child Left Behind
Act of 2002 (NCLBA) (Pub. L. 107-110).
[[Page 40606]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The system is used to administer BIE-funded schools by providing
high quality data to legitimate users. NASIS serves as the BIE's
primary tracking and reporting system for students attending BIE-funded
schools and for duty certifications of employees at such schools.
Disclosure outside the Department of the Interior may be made:
(1) To Congress in the form of Indian Student Equalization Program
(ISEP) reports to justify ISEP funding for Indian schools.
(2) To the Department of Education in the form of Consolidated
School Reports to satisfy accountability requirements of NCLBA.
(3) To the Department of Education in the form of Annual
Performance Reports to satisfy accountability requirements of the IDEA.
(4) To parents and guardians of students in the form of web-enabled
access to grades, assignments, attendance, behavior, schedule, and
school calendar for their student.
(5) To parents and guardians of students in the form of periodic
reports on their student(s).
(6) To State education departments in the form of bio-grid data for
assessment access for students within that State for the purpose of
fulfilling accountability requirements under NCLBA.
(7) To State education departments in the form of attendance and
graduation rate data for students within that State for the purpose of
fulfilling accountability requirements under NCLBA.
(8) To an authorized recipient such as a parent, medical facility,
service provider, or school to which the student is transferring, in
the form of a data package containing information about the student to
enable the recipient to provide services to the student, following the
guidelines of the IDEA for special education students, or privacy
policies for DOI and Family Education Rights and Privacy Act (FERPA)
for all other students.
(9) To the public in the form of school report cards as required by
NCLBA.
(10) To individual requestors in accordance with the requirements
of FERPA and Freedom of Information Act (FOIA).
(11) To schools receiving grants from or under contract to the BIE.
(12)(a) To any of the following entities or individuals, when the
circumstances set forth in paragraph (b) are met:
(i) The Department of Justice (DOJ);
(ii) A court, adjudicative or other administrative body;
(iii) A party in litigation before a court or adjudicative or other
administrative body; or
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or has an
interest in the proceeding:
(A) DOI or any component of DOI;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(E) The United States, when DOJ determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the proceeding; and
(B) Compatible with the purposes for which the records were
compiled.
(13) To a congressional office in response to a written inquiry
that an individual covered by the system, or the heir of such
individual if covered individual is deceased, has made to the office.
(14) To any criminal, civil, or regulatory law enforcement
authority (whether Federal, State, territorial, local, tribal, or
foreign) when a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature, and the disclosure is
compatible with the purpose for which the records were compiled.
(15) To an official of another Federal agency to provide
information needed in the performance of official duties related to
reconciling or reconstructing data files or to enable that agency to
respond to an inquiry by the individual to whom the record pertains.
(16) To Federal, State, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing, or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant, or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
(17) To representatives of the National Archives and Records
Administration to conduct records management inspections under the
authority of 44 U.S.C. 2904 and 2906.
(18) To state and local governments and tribal organizations to
provide information needed in response to court order and/or discovery
purposes related to litigation, when the disclosure is compatible with
the purpose for which the records were compiled.
(19) To an expert, consultant, or contractor (including employees
of the contractor) of DOI that performs services requiring access to
these records on DOI's behalf to carry out the purposes of the system.
(20) The appropriate agencies, entities, and persons when:
(a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; and
(b) The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether maintained by the
Department or another agency or entity) that rely upon the compromised
information; and
(c) The disclosure is made of such agencies, entities, and persons
who are reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
(21) To the Office of Management and Budget during the coordination
and clearance process in connection with legislative affairs as
mandated by OMB Circular A-19.
(22) To the Department of the Treasury to recover debts owed to the
United States.
(23) To the news media when the disclosure is compatible with the
purpose for which the records were compiled.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to
consumer reporting agencies as they are defined by the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act
of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in both paper and electronic form. Technical
data from audit logs and database queries produced by IT support in
Infinite Campus are stored in paper form at this location. Sensitive
student records
[[Page 40607]]
including grades, attendance records, health, special programs, and
behavior information are stored in paper form in locked file cabinets.
Electronic records are stored on hard disks.
RETRIEVABILITY:
Records including attendance, grades, discipline information, test
and assessment histories, program enrollments, and health information
are retrieved from the NASIS using a unique student identification code
assigned by the system. Other records for school administrators,
principals, teachers, teacher aides, counselors, school bus drivers,
line officers, regional directors, system administrators, librarians,
food service workers, dormitory managers, and parents/guardian records
are retrievable using a unique identifier code assigned by the system
for each individual.
SAFEGUARDS:
NASIS is maintained with controls meeting safeguard requirements
identified in Departmental Privacy Act Regulations (43 CFR 2.51) for
manual and automated records. Access to records is limited to
authorized personnel whose official duties require such access; agency
officials have access only to records pertaining to their agencies.
(1) Physical Security: Paper records are maintained in locked file
cabinets and/or in secured rooms.
(2) Technical Security: Electronic records are maintained in
conformity with Office of Management and Budget and Departmental
guidelines reflecting the implementation of the Federal Information
Security Management Act. Electronic data are protected through user
identification, passwords, database permissions, and software controls.
These security measures establish different degrees of access for
different types of users. An audit trail is maintained and reviewed
periodically to identify unauthorized access. A Privacy Impact
Assessment was completed for the NASIS and is updated at least annually
to ensure that Privacy Act requirements and personally identifiable
information safeguard requirements are met. Security procedures are
verified through annual assessments of the applications. The NASIS
Security Assessment was last performed 12/19/2006 in accordance with
FIPS 200 and NIST 800-53.
(3) Administrative Security: All DOI and contractor employees with
access to NASIS are required to complete Privacy Act, Records
Management Act, and Security Awareness Training.
RETENTION AND DISPOSAL:
Records relating to individuals covered by this system are retained
in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as
approved by the National Archives and Records Administration (NARA),
and are scheduled for permanent retention.
SYSTEM MANAGER(S) AND ADDRESS:
NASIS COTR and Project Manager, Bureau of Indian Education, 1001
Indian School Road, NW, Suite 219A, Albuquerque, NM 87103
NOTIFICATION PROCEDURES:
Inquiries regarding the existence of records should be addressed to
the System Manager. The request must be in writing, signed by the
requester, and meet the requirements of 43 CFR 2.60.
RECORDS ACCESS PROCEDURES:
A request for access may be addressed to the System Manager. The
request must be in writing, signed by the requester, and meet the
requirements of 43 CFR 2.63.
CONTESTING RECORD PROCEDURES:
A petition for amendment should be addressed to the System Manager.
The request must be in writing, signed by the requester, and meet the
content requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Information is received from students attending BIE-funded schools,
parents/guardians of students, school administrators, principals,
teachers, teacher aides, counselors, school bus drivers, librarians,
food service workers, and dormitory managers on whom records are
maintained.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E8-16103 Filed 7-14-08; 8:45 am]
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