Privacy Act of 1974; System of Records, 24572-24574 [E7-8434]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Notices]
[Pages 24572-24574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8434]



[[Page 24572]]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://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 https://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