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The Carl D. Perkins Abstruse and Abstruse Apprenticeship Act (P.L.105-332) (20 U.S.C. 2301 et seq.) (Perkins III) and the Developed Apprenticeship and Ancestors Articulacy Act (Title II of the Workforce Investment Act of 1998, P.L. 105-220) (20 U.S.C. 2901 et seq.) (AEFLA) ascendancy States answerable for advertisement on, and achieving, anniversary accomplishment goals for the adjustment and assimilation of acceptance in employment, as able-bodied as a cardinal of added apprentice outcomes. In addition, some States accept accustomed commensurable accountability requirements for Accompaniment association academy systems. There is growing absorption amid States in application Accompaniment unemployment allowance (UI) allowance annal to actuate the application cachet of aloft acceptance in adjustment to accomplish these requirements. Generally, Accompaniment UI allowance annal can accommodate added authentic advice than mail or blast surveys of aloft students. Moreover, application Accompaniment UI annal is beneath big-ticket than mail or blast surveys.



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The Department supports your efforts to beforehand the accurateness of the advice that your Accompaniment collects apropos apprentice outcomes and to abate the accountability of accepting this information. However, attention apprentice aloofness is additionally appropriate by law. As you investigate application Accompaniment UI allowance annal to actuate the application cachet of students, amuse agenda that this acceptance requires the use of alone identifiable advice from apprentice apprenticeship records. Such alone identifiable advice is adequate by the Ancestors Educational Rights and Aloofness Act (FERPA) (20 U.S.C. 1232g). The purpose of this announcement is to abetment you in compassionate FERPA’s aloofness protections and how to use Accompaniment UI allowance annal to actuate the application cachet of aloft acceptance in accordance with FERPA. This advice applies alone to Perkins III and AEFLA. It was developed in appointment with the Undersecretary and the Ancestors Policy Acquiescence Office, which administers FERPA.

Accountability Requirements Accustomed by Perkins III and AEFLA



Perkins III creates a Accompaniment accomplishment accountability arrangement for abstruse and abstruse apprenticeship through which the Secretary and anniversary acceptable bureau ability acceding on anniversary levels of accomplishment for a cardinal of “core indicators” authentic in the law. Apprentice “placement in, retention, and accomplishment of, postsecondary apprenticeship or avant-garde training, adjustment in aggressive service, or adjustment or assimilation in employment” is one of these bulk indicators (section 113(b)(2)(iii)). Anniversary acceptable bureau charge use the Accompaniment adapted levels of accomplishment to appraise annually the activities of acceptable recipients (section 123(b)). Area 113(c) of Perkins III additionally requires anniversary acceptable bureau to abide annually a abode to the Secretary apropos “the beforehand of the Accompaniment in accomplishing the Accompaniment adapted levels of accomplishment on the bulk indicators of performance.”

AEFLA establishes a agnate accomplishment accountability arrangement for developed apprenticeship and articulacy activities. The Secretary and anniversary acceptable bureau ability acceding on anniversary levels of accomplishment for a cardinal of “core indicators” authentic in the law, including “placement in, assimilation in, or accomplishment of postsecondary education, training, unsubsidized application or career advancement” (section 212(b)(2)(ii) of WIA). Anniversary acceptable bureau charge appraise annually the capability of bounded developed apprenticeship and articulacy activities application the bulk indicators of accomplishment (section 224(b)(3)). States charge abode annually to the Secretary on “the beforehand of the acceptable bureau in accomplishing acceptable bureau accomplishment measures, including advice on the levels of accomplishment accomplished by the acceptable bureau with account to the bulk indicators of performance” (section 212(c)).

To accomplish these appraisal and advertisement requirements, a cardinal of States accept bidding absorption in application Accompaniment UI allowance annal to actuate the application cachet of aloft students. Maintained by Accompaniment activity or application aegis agencies, these annal abide of anniversary letters of agent balance that are submitted by administration who are appropriate to accede with the State’s unemployment advantage law. In best cases, a allowance almanac includes at atomic three abstracts elements: (1) an employee’s amusing aegis cardinal (SSN); (2) the absolute bulk of reportable balance paid to the agent during the quarter; and (3) the employer’s different identifier. Although Federal and Accompaniment law protects the acquaintance of this information, best States accept accustomed procedures to accredit added accessible agencies to acceptance the advice for appraisal purposes.

The application cachet of a aloft apprentice can alone be bent from UI allowance annal by application the student’s SSN. A student’s SSN, however, is alone identifiable advice that is adequate by FERPA.

Family Educational and Aloofness Rights Act

As you know, FERPA is a Federal law that protects an acceptable student’s aloofness absorption in his or her “education records.” In particular, FERPA affords acceptable acceptance the appropriate to assay and assay their apprenticeship records, the appropriate to seek to accept the annal amended, and the appropriate to accept some ascendancy over the acknowledgment of advice from the records. The appellation “education records” is broadly authentic as:

“[T]hose records, files, documents, and added materials, which (i) accommodate advice anon accompanying to a student; and (ii) are maintained by an educational bureau or academy or by a being acting for such bureau or institution.” (20 U.S.C. 1232g(a)(4). See additionally 34 CFR 99.3 “Education records.”)

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FERPA provides that apprenticeship records, or alone identifiable advice from such records, may be appear by educational agencies and institutions alone afterwards an acceptable apprentice provides above-mentioned accounting consent, except in statutorily authentic circumstances. [(20 U.S.C. 1232g(b)(1) and (d). See additionally 34 CFR 99.30.]) “Personally identifiable information” is authentic by 34 CFR 99.3 as advice that “includes but is not bound to:

(a) the student’s name;(b) the name of the student’s ancestor or added ancestors member;(c) the abode of the apprentice or the student’s family;(d) a claimed identifier, such as the student’s amusing aegis cardinal or apprentice number;(e) a account of claimed characteristics that would accomplish the student’s character calmly traceable; or(f) added advice that would accomplish the student’s character calmly traceable.”

Because the abstruse and developed apprenticeship laws accommodate identical accoutrement stipulating that “[n]othing in this Act shall be construed to abandon the aloofness protections afforded acceptance and parents under” FERPA (section 5 of Perkins III, area 504(a) of WIA), States charge accede with FERPA in application Accompaniment UI allowance records.

Generally, there are three options accessible to Accompaniment educational authorities for application Accompaniment UI allowance annal constant with the requirements of FERPA:

“Importing” Accompaniment UI Allowance Annal to Actuate Application Outcomes

A Accompaniment educational ascendancy may acceptance Accompaniment UI allowance almanac abstracts from the Accompaniment UI bureau and again use this advice internally to actuate the application cachet of students. This acceptance meets the requirements of FERPA because the Accompaniment educational ascendancy has not appear alone identifiable advice from an apprenticeship almanac to others. Accompaniment law, however, may bind the admeasurement to which you may allotment alone identifiable advice acquired from allowance annal with bounded apprenticeship agencies and educational institutions. Providing bounded apprenticeship agencies and educational institutions with advice about the balance of alone students, for example, may be banned by Federal or Accompaniment law.

Obtaining Apprentice Accord for Disclosures to the Accompaniment UI Agency

FERPA permits the acknowledgment of adequate apprentice advice if a apprentice has consented in beforehand to this acknowledgment in writing. Thus, a Accompaniment educational ascendancy may accede apprentice SSNs to the Accompaniment UI bureau (or added bureau that has acceptance to Accompaniment UI allowance records) for the purpose of free their application cachet if it has anchored the accord of these acceptance for the disclosure. Requesting apprentice accord for this disclosure, for example, may be fabricated a approved allotment of the assimilation or acceptance action for abstruse and developed apprenticeship programs.

This accounting accord charge be active and anachronous by the acceptable apprentice and:

In addition, the Accompaniment educational ascendancy or bounded educational bureau or academy charge accommodate the student, aloft his or her request, a archetype of the annal that are disclosed. (34 CFR 99.30(c)(1)). A sample accord anatomy that you may acclimate is included in Appendix A.

Authorizing a Accompaniment UI Bureau to Appraise Application Outcomes beneath Perkins III and AEFLA

FERPA permits the acknowledgment of adequate apprentice advice after the above-mentioned accord of acceptance in certain, bound circumstances. (20 U.S.C. 1232g(b); 34 CFR 99.31). One barring permits the acknowledgment of advice acquired from apprenticeship annal after above-mentioned accord to “authorized assembly of” the Comptroller Accepted of the United States, the Secretary, the Attorney Accepted or “State or bounded educational authorities.” The acknowledgment charge be “in affiliation with the assay and appraisal of Federally-supported apprenticeship programs, or in affiliation with the administration of the Federal accustomed requirements which chronicle to such programs.”

Thus, a Accompaniment educational ascendancy may accredit the Accompaniment UI bureau (or added bureau that has acceptance to Accompaniment UI allowance records) to be its adumbrative for the purpose of evaluating whether bounded abstruse and developed apprenticeship programs accept accomplished the apprentice application goals accustomed by the Accompaniment beneath Perkins III or AEFLA. Typically, this allotment will be accomplished by a Announcement of Acceding (MOA) amid the two agencies. The MOA charge contain, at a minimum, the afterward accoutrement appropriate by FERPA:

Information appear by a academy to an accustomed adumbrative charge not be redisclosed to a third affair in alone identifiable form. The advice alone may be redisclosed in aggregate, non-personally identifiable form.

The advice should be destroyed back no best bare for the purpose of the disclosure.

The accustomed adumbrative may accept acceptance to the annal in affiliation alone with —

See 20 U.S.C. 1232g(b)(3); 34 CFR 99.35. Sample Affairs of Acceding are included as Appendix B.

Pursuant to the MOA, the Accompaniment UI or added bureau may again acceptance apprentice SSNs anon from bounded educational agencies or educational institutions and actuate the application cachet of these students. It may additionally abode the accumulated after-effects of its appraisal to the Accompaniment educational authority, but no alone identifiable advice may be redisclosed in this report. We would apprehend that the Accompaniment UI or added bureau would abort apprentice SSNs and any added alone identifiable advice at the time it makes its appraisal abode to the Accompaniment educational authority. In addition, FERPA additionally requires that anniversary acceptable almsman that discloses a student’s SSN or added alone identifiable advice charge advance a almanac of this acknowledgment with the apprenticeship annal of the student. (34 CFR 99.32)

FERPA additionally allows a Accompaniment UI bureau to acceptance a student’s SSN anon from the Accompaniment educational ascendancy in adjustment to actuate the student’s application status. For the purposes of acknowledging with the advertisement requirements of Perkins III and AEFLA, a Accompaniment educational ascendancy may accede a apprentice SSN to the Accompaniment UI bureau if the UI bureau has been fabricated an “agent” of the Accompaniment educational ascendancy through a accounting MOA. This MOA should accommodate the aforementioned accoutrement discussed above.

We accomplishment this announcement is accessible to you in anecdotic how Accompaniment UI allowance annal may be acclimated to actuate the application cachet of acceptance in a way address that complies with FERPA. Accompaniment laws apropos the aloofness of apprentice annal and UI allowance advice additionally should be advised anxiously as you accede the options accessible to you. If you accept added questions apropos the requirements of Perkins III and AEFLA, you may acquaintance Mr. Braden Goetz at (202) 205-3373 or Mr. Jon Weintraub at (202) 205-5602. Amuse absolute any added questions you may accept apropos FERPA to:

Family Policy Acquiescence OfficeU.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202-4605(202) 260-3887 (Telephone)(202) 260-9001 (Fax)

Appendix A: Sample FERPA Accord Form

The afterward accord forms are examples that you should acclimate to reflect the specific affairs in your State.

Carl D. Perkins Abstruse and Abstruse Apprenticeship Act

I, a apprentice at a postsecondary educational academy or a apprentice age 18 years or older, ______________________ , accord to the absolution of alone identifiable advice from my apprenticeship annal or I, ancestor or guardian of a apprentice at a accessory educational academy beneath the age of 18, _______________ accord to the absolution of alone identifiable advice from the apprenticeship annal of my son/daughter.

I accept that the annal to be appear accommodate my amusing aegis cardinal and added alone identifiable advice from my apprenticeship records. I accede that the purpose of the acknowledgment is to abetment the _____________ Accompaniment Department of Apprenticeship in accepting and advertisement advice apropos the adjustment and assimilation of acceptance in application as appropriate by area 113 of Carl D. Perkins Abstruse and Abstruse Apprenticeship Act. I accept that the alone identifiable advice will be appear by the educational academy alone to ______________ Department of Activity / _______________ Unemployment Allowance Agency. This advice may not be redisclosed to others and will be destroyed as anon as all statistical assay has been performed, or back the advice is no best needed, whichever date comes first.

Adult Apprenticeship and Ancestors Articulacy Act

I, a apprentice at a postsecondary educational academy or a apprentice age 18 years or older, ________________________ , accord to the absolution of alone identifiable advice from my apprenticeship annal or I, ancestor or guardian of a apprentice at a accessory educational academy beneath the age of 18, _______________ accord to the absolution of alone identifiable advice from the apprenticeship annal of my son/daughter.

I accept that the annal to be appear accommodate my amusing aegis cardinal and added alone identifiable advice from my apprenticeship records. I accede that the purpose of the acknowledgment is to abetment the _____________ Accompaniment Department of Apprenticeship in accepting and advertisement advice apropos the adjustment and assimilation of acceptance in application as appropriate by area 212 of the Developed Apprenticeship and Ancestors Articulacy Act. I accept that the alone identifiable advice will be appear by the educational academy alone to ______________ Department of Activity / _______________ Unemployment Allowance Agency. This advice may not be redisclosed to others and will be destroyed as anon as all statistical assay has been performed, or back the advice is no best needed, whichever date comes first.

Appendix B: Draft Affairs of Agreement

The afterward affairs of acceding are examples that you should acclimate to reflect the specific affairs in your State.

 

Carl D. Perkins Abstruse and Abstruse Apprenticeship Act

MEMORANDUM OF AGREEMENT BETWEEN

_____________ STATE DEPARTMENT OF EDUCATION AND

THE ________________ DEPARTMENT OF LABOR/ THE ______________STATE

UNEMPLOYMENT INSURANCE AGENCY

 

This agreement, fabricated the _________ day of ________ 2001, amid the ___________ Accompaniment Department of Apprenticeship and the ______________ Department of Activity (Labor Department)/ Accompaniment Unemployment Bureau (UI Agency). The purpose of this acceding is to baptize the Activity Department/UI Bureau as an “authorized representative” of the __________ Department of Apprenticeship (Education Department) for purposes of accepting and advertisement advice apropos the adjustment and assimilation of acceptance in application as appropriate by area 113 of Carl D. Perkins Abstruse and Abstruse Apprenticeship Act (Perkins III).

RECITALS:

1. Bounded accessory and postsecondary educational institutions advance apprenticeship annal on enrollees that accommodate advice on apprentice demographics, programs of study, achievement, accomplishment and amusing aegis numbers. Such annal additionally accommodate advice on acceptance accommodating in abstruse apprenticeship programs. The __________Labor Department/ UI Bureau maintains unemployment allowance allowance annal on all able advisers in __________ state.

2. Perkins III (P. L. 105-332) creates a Accompaniment accomplishment accountability arrangement for abstruse apprenticeship programs. States charge abode annually to the U.S. Department of Apprenticeship (ED) on the beforehand of the accompaniment in extensive agreed aloft levels of accomplishment on bulk indicators authentic in the law. These bulk indicators accommodate adjustment and assimilation in employment.

3. In adjustment to actuate application outcomes for those abstruse apprenticeship acceptance included _______’s Perkins III accountability system, bounded apprenticeship agencies and educational institutions will accumulation the _______ Activity Department/UI Bureau with a account of the amusing aegis numbers of these students. The ____________ Activity Department/UI Bureau will acceptance unemployment allowance allowance annal application these amusing aegis numbers and actuate application outcomes for these students. The ________ Activity Department/UI Bureau will abode the after-effects of this assay to the _________ Apprenticeship Department in accumulated anatomy only, after alone identifiable information. Bounded apprenticeship agencies and apprenticeship institutions will not absolution alone identifiable advice from the apprenticeship annal of acceptance to accompaniment agencies or departments added than those listed in this agreement.

4. The Ancestors Educational Rights and Aloofness Act (FERPA) about prohibits the acknowledgment of apprenticeship annal after the accord of the ancestor for accouchement beneath the age of 18 or from acceptance accessory postsecondary educational institutions. Beneath FERPA, apprenticeship annal are authentic as annal anon accompanying to a apprentice and maintained by an educational bureau or institution. The annal accessed by ________ Department of Apprenticeship to accommodated Perkins III accomplishment advertisement requirements are apprenticeship records, and accountable to FERPA.

5. FERPA contains several exceptions to the accepted aphorism that apprenticeship annal may not be appear after prior, accounting affectionate consent. One barring allows for disclosures to accustomed assembly of the Secretary of Education, the Comptroller General, the Attorney General, and accompaniment and bounded educational authorities. Such a acknowledgment charge be fabricated in affiliation with an assay or appraisal of a Federal or Accompaniment authentic apprenticeship program. The acknowledgment may additionally be fabricated for the administration of or acquiescence with Federal accustomed requirements accompanying to the Federal or Accompaniment apprenticeship program.

6. The acknowledgment of alone identifiable apprentice advice by bounded apprenticeship agencies and educational institutions to the ____________ Activity Department/UI Bureau is for the purpose of acknowledging with the accomplishment advertisement requirements of Perkins III, and is permissible beneath FERPA. ED has assured that the __________ Activity Department/UI Bureau can be appointed an accustomed adumbrative for purposes of accumulation and advertisement advice as appropriate by Perkins III.

7. After acceptance to these records, the accompaniment of ___________ will be clumsy to accommodate authentic accomplishment advice appropriate by Perkins III in a appropriate and cost-effective manner.

AGREEMENT:

1. The _____________ Apprenticeship Department designates the _________________ Activity Department/UI Bureau as its “authorized representative” beneath FERPA for the bound purpose of accession advice anon from bounded apprenticeship agencies and educational institutions in adjustment to accede with the accomplishment advertisement requirements of Perkins III. This allotment is bound to the accumulating of abstracts from the apprenticeship annal (as authentic by FERPA) of accessory and postsecondary abstruse apprenticeship acceptance in ______________. It is accepted and accustomed by the parties that the ____________ Activity Department/ UI Bureau will not redisclose any alone identifiable advice from the apprenticeship records.

2. The __________ Activity Department/UI Bureau agrees to abort all alone identifiable advice such as amusing aegis numbers acquired from the above-referenced apprenticeship annal as anon as all statistical assay has been performed, or back the advice is no best needed, whichever date comes first. All versions of such advice and data, electronic, paper, or otherwise, charge be destroyed.

3. The __________ Apprenticeship Department agrees to assignment with ED, and in particular, the Ancestors Policy Acquiescence Office (FPCO) to ensure that every educational bureau and academy which discloses apprenticeship annal to the ___________ Activity Department/UI Bureau will amend its anniversary notification to accommodate the ____________ Activity Department/UI bureau as a almsman of apprenticeship annal for the purposes of acknowledging with the accomplishment advertisement requirements of Perkins III.

This acceding shall be in aftereffect for _______ years from the date of the aftermost signature.

Adult Apprenticeship and Ancestors Articulacy Act

MEMORANDUM OF AGREEMENT BETWEEN

_____________ STATE DEPARTMENT OF EDUCATION AND

THE ________________ DEPARTMENT OF LABOR/ THE ______________STATE

UNEMPLOYMENT INSURANCE AGENCY

 

This agreement, fabricated the _________ day of ________ 2001, amid the ___________ Accompaniment Department of Apprenticeship and the ______________ Department of Activity (Labor Department)/ Accompaniment Unemployment Bureau (UI Agency). The purpose of this acceding is to baptize the Activity Department/UI Bureau as an “authorized representative” of the __________ Department of Apprenticeship (Education Department) for purposes of accepting and advertisement advice apropos the adjustment and assimilation of acceptance in application as appropriate by area 212 of the Developed Apprenticeship and Ancestors Articulacy Act (AEFLA).

RECITALS:

1. Acceptable providers advance apprenticeship annal on participants enrolled in developed apprenticeship and articulacy programs that accommodate advice on apprentice demographics, programs of study, achievement, accomplishment and amusing aegis numbers. The __________Labor Department/ UI Bureau maintains unemployment allowance allowance annal on all able advisers in __________ state.

2. AEFLA (P. L. 105-220) creates a accomplishment accountability arrangement for developed apprenticeship and articulacy programs. States charge abode annually to the U.S. Department of Apprenticeship (ED) on the beforehand of the accompaniment in extensive agreed aloft levels of accomplishment on bulk indicators authentic in the law. These bulk indicators accommodate adjustment and assimilation in employment.

3. In adjustment to actuate application outcomes for acceptance enrolled in developed apprenticeship and articulacy programs, acceptable providers will accumulation the _______ Activity Department/UI Bureau with a account of the amusing aegis numbers of these students. The ____________ Activity Department/UI Bureau will acceptance unemployment allowance allowance annal application these amusing aegis numbers and actuate application outcomes for these students. The ________ Activity Department/UI Bureau will abode the after-effects of this assay to the _________ Apprenticeship Department in accumulated anatomy only, after alone identifiable information. Acceptable providers will not absolution alone identifiable advice from the apprenticeship annal of acceptance to accompaniment agencies or departments added than those listed in this agreement.

4. The Ancestors Educational Rights and Aloofness Act (FERPA) about prohibits the acknowledgment of apprenticeship annal after the accord of the ancestor for accouchement beneath the age of 18 or from acceptance accessory postsecondary educational institutions. Beneath FERPA, apprenticeship annal are authentic as annal anon accompanying to a apprentice and maintained by an educational bureau or institution. The annal accessed by ________ Department of Apprenticeship to accommodated AEFLA accomplishment advertisement requirements are apprenticeship records, and accountable to FERPA.

5. FERPA contains several exceptions to the accepted aphorism that apprenticeship annal may not be appear after prior, accounting affectionate consent. One barring allows for disclosures to accustomed assembly of the Secretary of Education, the Comptroller General, the Attorney General, and accompaniment and bounded educational authorities. Such a acknowledgment charge be fabricated in affiliation with an assay or appraisal of a Federal or Accompaniment authentic apprenticeship program. The acknowledgment may additionally be fabricated for the administration of or acquiescence with Federal accustomed requirements accompanying to the Federal or Accompaniment apprenticeship program.

6. The acknowledgment from the ____________ Apprenticeship Department to the _______________ Activity Department/UI Bureau is for the purpose of acknowledging with the accomplishment advertisement requirements of AEFLA, and is permissible beneath FERPA. ED has assured that the __________ Activity Department/UI Bureau can be appointed an accustomed adumbrative for purposes of accumulation and advertisement advice as appropriate by AEFLA.

7. After acceptance to these records, the accompaniment of ___________ will be clumsy to accommodate authentic accomplishment advice appropriate by AEFLA in a appropriate and cost-effective manner.

AGREEMENT:

1. The _____________ Apprenticeship Department designates the _________________ Activity Department/UI Bureau as its “authorized representative” beneath FERPA for the bound purpose of accession advice anon from acceptable providers in adjustment to accede with the accomplishment advertisement requirements of AEFLA. This allotment is bound to the accumulating of advice and abstracts from the apprenticeship annal (as authentic by FERPA) of acceptance enrolled in developed apprenticeship and articulacy programs in ______________. It is accepted and accustomed by the parties that the ____________ Activity Department/ UI Bureau will not redisclose any alone identifiable advice from the apprenticeship records.

2. The __________ Activity Department/UI Bureau agrees to abort all alone identifiable advice such as amusing aegis numbers acquired from the above-referenced apprenticeship annal as anon as all statistical assay has been performed, or back the advice is no best needed, whichever date comes first. All versions of such advice and data, electronic, paper, or otherwise, charge be destroyed.

3. The __________ Apprenticeship Department agrees to assignment with ED, and in particular, the Ancestors Policy Acquiescence Office (FPCO) to ensure that every acceptable provider which discloses apprenticeship annal to the ___________ Activity Department/UI Bureau will amend its anniversary notification to accommodate the ____________ Activity Department/UI bureau as a almsman of apprenticeship annal for the purposes of acknowledging with the accomplishment advertisement requirements of AEFLA.

This acceding shall be in aftereffect for _______ years from the date of the aftermost signature.

Aftermost Modified: 10/16/2007

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