Page:United States Statutes at Large Volume 102 Part 1.djvu/373

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 335

prosperity. The study shall collect data on participation in higher education, including enrollment, persistence, and attainment. Such study shall evaluate such students by such criteria at 2-year intervals. As of February 1, 1989, and every 8 years thereafter, the Commissioner shall select a sample of students enrolled in school for this study. "(8) The Center with the assistance of State library agencies, Libraries. shall develop and support a cooperative system of annual data collection for public libraries. Participation shall be voluntary; however, all States should be encouraged to join the system. Attention should be given to insuring timely, consistent and accurate reporting.". (1) SCHOOL REFORM EFFORTS STUDY.—Section 406(g) of the Act is 20 USC 1221e-l. amended by adding after paragraph (8) (as added by subsection (k)) the following new paragraph: "(9) The National Center for Education Statistics shall conduct a study on the effects of higher standards prompted by school reform efforts on student enrollment and persistence. The study shall examine academic achievement, and graduation rates of lowincome, handicapped, limited English proficient, and educationally disadvantaged students.". (m) CONFIDENTIAL TREATMENT OF DATA.—Section 406(d) of the Act is amended by adding after paragraph (3) the following new paragraph: "(4)(A) Except as provided in this section, no person may— "(i) use any individually identifiable information furnished under the provisions of this section for any purpose other than statistical purposes for which it is supplied; "(ii) make any publication whereby the data furnished by any particular person under this section can be identified; or "(iii) permit anyone other than the individuals authorized by the Commissioner to examine the individual reports; or "(B) No department, bureau, agency, officer, or employee of the Government, except the Commissioner of Education Statistics in carrying out the purposes of this section, shall require, for any reason, copies of reports which have been filed under this section with the Center for Education Statistics or retained by any individual respondent. Copies of such reports which have been so retained or filed with the Center or any of its employees or contractors or agents shall be immune from legal process, and shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. This subsection shall only apply to individually identifiable data (as defined in subparagraph (E)). "(C) Whoever, being or having been an employee or staff member appointed under the authority of the Commissioner or in accordance with this section of the Act, having taken and subscribed the oath of office, or having sworn to observe the limitations imposed by subsection (a), knowingly publishes or communicates any individually identifiable information (as defined in subparagraph (E)), the disclosure of which is prohibited under the provisions of subparagraph (A), and which comes into his or her possession by reason of employment (or otherwise providing services) under the provisions of this section,

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