1998, to provide protection and DEPARTMENT OF EDUCATION must receive your comments on or
advocacy services to individuals with before March 31, 2004.
disabilities for the purposes of assisting Privacy Act of 1974; System of The Department filed a report
in the acquisition, utilization, or Records; What Works Clearinghouse describing the system of records covered
maintenance of assistive technology or (18–13–06) by this notice with the Chair of the
assistive technology services. Senate Committee on Governmental
AGENCY: Institute of Education Sciences,
Affairs, the Chair of the House
Additional Information: Section 102 Department of Education. Committee on Government Reform, and
of the Assistive Technology Act of 1998 ACTION: Notice of a new system of the Administrator of the Office of
(Act) requires that the Secretary make a records. Information and Regulatory Affairs,
grant to an entity in each State to OMB, on February 25, 2004. This
support protection and advocacy SUMMARY: In accordance with the system of records will become effective
services through the systems established Privacy Act of 1974, as amended at the later date of—(1) the expiration of
to provide protection and advocacy (Privacy Act), the U.S. Department of the 40-day period for OMB review on
services under the Developmental Education (the Department or ED) April 5, 2004 or (2) March 31, 2004,
Disabilities Assistance and Bill of Rights publishes this notice of a new system of unless the system of records needs to be
Act of 2000 (DD Act), for the purposes records for the Institute of Education changed as a result of public comment
of assisting in the acquisition, Sciences (IES or the Institute) ‘‘What or OMB review.
utilization, or maintenance of assistive Works Clearinghouse’’ (WWC or
ADDRESSES: Address all comments about
technology or assistive technology Clearinghouse). The Clearinghouse is a
this system of records to Nancy Loy,
services for individuals with web-based system that will maintain a
Ph.D., Contracting Officer’s Technical
disabilities. national registry of educational
Representative (COR), What Works
interventions—educational programs,
Frequency: Periodically. Clearinghouse, U.S. Department of
products, and practices that are claimed
Education, Institute of Education
Affected Public: Not-for-profit to enhance important student outcomes.
Sciences, 555 New Jersey Avenue, NW.,
institutions; State, Local, or Tribal In particular, the Clearinghouse will
suite 504, Washington, DC 20208. If you
Gov’t, SEAs or LEAs. assess and report on the strength of
prefer to send comments through the
research-based evidence of the
Reporting and Recordkeeping Hour Internet, use the following address:
effectiveness of these educational
Burden: comments@ed.gov. You must include
programs.
Responses: 56. the term ‘‘What Works Clearinghouse’’
The Institute anticipates that the in the subject line of the electronic
Burden Hours: 9. Clearinghouse will gather personal comment.
Requests for copies of the proposed information in two ways. First, the During and after the comment period,
Clearinghouse will be collecting you may inspect all public comments
information collection request may be
identifying information from members about this notice in suite 504, 555 New
accessed from http://edicsweb.ed.gov,
of the public when— Jersey Avenue, NW., Washington, DC,
by selecting the ‘‘Browse Pending
1. The public voluntarily and between the hours of 8 a.m. and 4:30
Collections’’ link and by clicking on
anonymously suggests studies, p.m., Eastern time, Monday through
link number 2469. When you access the interventions, and topics for WWC
information collection, click on Friday of each week except Federal
review, and provides optional contact holidays.
‘‘Download Attachments’’ to view. information.
Written requests for information should 2. The public voluntarily subscribes Assistance to Individuals With
be addressed to Vivian Reese, to receive e-mail updates about new Disabilities in Reviewing the
Department of Education, 400 Maryland information on the WWC Web site. Rulemaking Record
Avenue, SW., Room 4050, Regional In both cases, access to contact On request, we will supply an
Office Building 3, Washington, DC information will be restricted to appropriate aid, such as a reader or
20202–4651 or to the e-mail address authorized WWC staff on a need-to- print magnifier, to an individual with a
vivan.reese@ed.gov. Requests may also know basis. In the case of e-mail disability who needs assistance to
be electronically mailed to the Internet addresses, this information will only be review the comments or other
address OCIO_RIMG@ed.gov or faxed to available to the Web site administrator. documents in the public rulemaking
202–708–9346. Please specify the Second, evaluators—individuals and record for this notice. If you want to
complete title of the information organizations—may use the Web site to schedule an appointment for this type of
collection when making your request. voluntarily submit contact information aid, please contact the person listed
Comments regarding burden and/or and information about their services and under FOR FURTHER INFORMATION
the collection activity requirements, experience in evaluating educational CONTACT.
contact Sheila Carey at her e-mail programs. The purpose of this FOR FURTHER INFORMATION CONTACT:
address Sheila.Carey@ed.gov. information is to create a public listing Nancy Loy. Telephone: (202) 208–3680.
Individuals who use a to assist people in identifying those If you use a telecommunications device
evaluators who are potentially qualified for the deaf (TDD), you may call the
telecommunications device for the deaf
to conduct rigorous studies of the Federal Information Relay Service
(TDD) may call the Federal Information
effectiveness of education programs. (FIRS) at 1–800–877–8339.
Relay Service (FIRS) at 1–800–877–
Interested evaluators will sign a letter Individuals with disabilities may
8339. giving their written permission for this obtain this document in an alternative
[FR Doc. 04–4503 Filed 2–27–04; 8:45 am] information to be used in the registry. format (e.g., Braille, large print,
BILLING CODE 4000–01–P DATES: The Department seeks comment audiotape, or computer diskette) on
on the new system of records described request to the contact person listed
in this notice, in accordance with the under FOR FURTHER INFORMATION
requirements of the Privacy Act. We CONTACT.
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2. Disclosure to the DOJ. The determines that disclosure of certain voluntarily submitted by evaluators
Department may disclose records to the records to a party, counsel, about their services and experience, as
DOJ to the extent necessary for representative or witness is relevant and well as contact information, after the
obtaining DOJ advice on any matter necessary to the litigation or ADR, the evaluators have signed a letter giving
relevant to an audit, inspection, or other Department may disclose those records their written permission for this
inquiry related to the programs covered as a routine use to the party, counsel, information to be used in the registry.
by this system. representative or witness. The data are retrieved by searching by
3. Contract Disclosure. If the 5. Research Disclosure. The record number, type of suggestion,
Department contracts with an entity for Department may disclose records to a study author, title, reference type,
the purposes of performing any function researcher if an appropriate official of publisher, topic, type of intervention,
that requires disclosure of records in the Department determines that the and organization.
this system to employees of the individual or organization to which the The data for the evaluator registry will
contractor, the Department may disclose disclosure would be made is qualified to be searchable on the WWC public-
the records to those employees. Before carry out specific research related to access Web site by topic, type of
entering into a contract, the Department functions or purposes of this system of research, geographic area, study title,
shall require the contractor to maintain records. The official may disclose intervention title, years of experience,
Privacy Act safeguards as required records from this system of records to and contact information.
under 5 U.S.C. 552a(m) with respect to that researcher solely for the purpose of
SAFEGUARDS:
the records in the system. carrying out that research related to the
4. Litigation and Alternative Dispute functions or purposes of this system of Access to this system will be
Resolution (ADR) Disclosures. records. The researcher shall be restricted to authorized WWC
(a) Introduction. In the event that one required to maintain Privacy Act contractors, subcontractors, consultants,
of the parties described in (a)(i) through safeguards with respect to the disclosed and ED employees on a need-to-know
(v) is involved in litigation or ADR, or records. basis. Authorized users of this system
has an interest in litigation or ADR, the 6. Congressional Member Disclosure. will enter a unique user ID as well as
Department may disclose certain The Department may disclose a password to enter the system. They
records to the parties described in information to a Member of Congress will be required to change their
paragraphs (b), (c), and (d) of this from the record of an individual in passwords periodically, and they will
routine use under the conditions response to an inquiry from the Member not be allowed to repeat old passwords.
specified in those paragraphs: made at the written request of that Any individual who attempts to log in
(i) The Department, or any of its individual. The Member’s right to the to the system three times and fails will
components; or information is no greater than the right be locked out of the system. Access after
(ii) Any Department employee in his of the individual who requested it. that time requires intervention by the
or her official capacity; or 7. Enforcement Disclosure. In the system manager.
(iii) Any Department employee in his event that information in this system of The computer system employed by
or her official capacity if the DOJ has records indicates, either on its face or in the WWC offers a high degree of
agreed or been requested to provide or connection with other information, a resistance to tampering and
arrange for representation for the violation or potential violation of any circumvention. This security system
employee; or applicable statute, regulation, or order limits data access to authorized WWC
(iv) Any Department employee in his of a competent authority, the staff and controls individual users’
or her individual capacity if the Department may disclose the relevant ability to access and alter records within
Department has agreed to represent the records to the appropriate agency, the system.
employee; or whether foreign, Federal, State, Tribal, All file servers, routers/hubs, tape
(v) The United States if the or local, charged with the responsibility back-up stations, and communications
Department determines that the of investigating or prosecuting that servers are located in secure rooms at
litigation is likely to affect the violation or charged with enforcing or the subcontractor’s Headquarters site,
Department or any of its components. implementing the statute, Executive and only authorized personnel have
(b) Disclosure to the DOJ. If the order, rule, regulation, or order issued access via key or magnetic card.
Department determines that disclosure pursuant thereto. All files will be password-protected
of certain records to the DOJ is relevant and back-up files will be secured in a
and necessary to litigation or ADR, and DISCLOSURES TO CONSUMER REPORTING locked area. Access to the data files and
is compatible with the purpose for AGENCIES: software on the WWC site are controlled
which the records were collected, the Not applicable to this system of through the Microsoft NT Server
Department may disclose those records records. operating system by providing all staff
as a routine use to the DOJ. with user accounts (user IDs). All secure
POLICIES AND PRACTICES FOR STORING,
(c) Adjudicative disclosures. If the RETRIEVING, ACCESSING, RETAINING, AND user accounts will require passwords
Department determines that disclosure DISPOSING OF RECORDS IN THE SYSTEM: that must be changed every six months.
of certain records to an adjudicative STORAGE: Passwords for ongoing data processing
body before which the Department is The information in the tracking will be changed frequently, and users
authorized to appear or to an individual system will be stored on a server will be blocked from gaining access to
or entity designated by the Department maintained by the WWC subcontractor certain types of data and programs
or otherwise empowered to resolve or staff. Records generated by the system based on their IDs and passwords.
mediate disputes is relevant and will be maintained electronically on the
necessary to the litigation or ADR, the RETENTION AND DISPOSAL:
server.
Department may disclose those records Records in this system will be
as a routine use to the adjudicative RETRIEVABILITY: retained in accordance with the
body, individual, or entity. The public will have access to the National Archives and Records
(d) Parties, counsel, representatives searchable, web-based registry of Administration (NARA) General
and witnesses. If the Department evaluators, containing information Records Schedule 20, Item 1.c which
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