BIA-22 Privacy Act System of Records - "Indian Student Records"

Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
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:

Source information is received from
Probate files, Native Allotment files, the
Bureau of Vital Statistics, the Regional
Solicitor, and decisions from the Office
of Hearings and Appeals. Information
was collected from the public for the
Vietnam Veterans Allotment Act.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
[FR Doc. E8–16102 Filed 7–14–08; 8:45 am]
BILLING CODE 4312–RY–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Privacy Act of 1974, as Amended;
Amendment of an Existing System of
Records

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AGENCY:

Bureau of Indian Affairs (BIA),

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:

Interior.
ACTION: Proposed amendment of an
existing system of records.

Native American Student Information
System (NASIS), Interior, BIA–22.

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

(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.

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SYSTEM LOCATION:

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.

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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).

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:

The system is used to administer BIEfunded 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;

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(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.

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(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

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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
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.

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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.

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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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40607

subject to the Privacy Act of 1974 (5
U.S.C. 552). This action is necessary to
meet the requirements of the Privacy
Act to publish in the Federal Register
notice of the existence and character of
records systems maintained by the
agency (5 U.S.C. 552a(e)(4)). The new
Privacy Act system of records is entitled
Interior, BIA–30, ‘‘Identity Information
System’’ (IIS).
DATES: Comments must be received by
August 25, 2008.
ADDRESSES: Any persons interested in
commenting on this new system of
records may do so by submitting
comments in writing to the Privacy Act
Officer, 625 Herndon Parkway, Herndon
VA 20170, or by e-mail to
Joan.Tyler@bia.gov.
FOR FURTHER INFORMATION CONTACT:
Nicole Jaber, Director, Division of
Independent Validation and
Verification, Office of the Chief
Information Officer, 625 Herndon
Parkway, Herndon, VA 20170, or by email at Nicole.Jaber@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 establishes the
Privacy Act system of records entitled
Interior, BIA–30, ‘‘Identity Information
System’’ (IIS). The purpose of this
system is to provide an automated tool
to track the security screening of BIA
and Assistant Secretary—Indian Affairs
(AS–IA) employees and contractors. It
enables or allows BIA and AS–IA to
record completion of official required IT
security training and track requests for
access to BIA IT information systems.
Dated: July 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary, Policy and
Economic Development.
SYSTEM NAME:

DEPARTMENT OF THE INTERIOR

Identity Information System (IIS)—
Interior, BIA–30.

Bureau of Indian Affairs

SYSTEM LOCATION:

Privacy Act of 1974, as Amended;
Establishment of a New System of
Records
Bureau of Indian Affairs,
Interior.
ACTION: Notice of addition of a new
system of records.
AGENCY:

SUMMARY: The Department of the
Interior, Bureau of Indian Affairs (BIA)
is issuing public notice of its intent to
add a new Privacy Act system of records
to its inventory of records systems

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Herndon Data Center (HDC), 625
Herndon Parkway, Herndon, VA 20170.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Those members from the following
organizations who require access to BIA
IT systems:
(1) Employees and contractors of AS–
IA, BIA and the Bureau of Indian
Education (BIE)
(2) Office of the Special Trustee for
American Indians (OST)
(3) Office of Hearings and Appeals
(OHA)

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