November, 2001
Marketing Adult Education - 11/07/01
Virtual Kentucky - 11/07/01
First Analysis of Changes Related to Student Records
- 11/07/01

Marketing
Adult Education--2
Opportunities
Marketing our services is tricky at best.
Here are two related issues.
November 7, 2001
Idea #1-- John Seeger, an adult education graduate student, has a project to
design unique adult education marketing material targeted at three different
audiences: government policy makers, general public, and learners.
The materials produced will be adaptable to and available to any state.
He would like
three or four practitioners to advise him via periodic conference calls and
emails. Please distribute this
message to your staff and other key practitioners who might be willing to
advise. Ask them to email me
(address below) or directly to John at jseegers@worldnet.att.net.
Idea
# 2--Do you have marketing materials to share?
Marsha
Taylor (Arkansas) is in the process of developing a statewide marketing campaign
for adult education. If you have had a successful campaign and are willing to
share, please send materials, web sites, or other references to Marsha at:
Marsha
Taylor
Professional Development Coordinator
Arkansas Adult Learning Resource Center
3905 W. 81st Street, Suite D
Little Rock, AR 72209
501/907/2490 or 1/800/832/6242
Fax 501/907/2492
marsha@aalrc.org
Keep
up the good work. Let me know when
we can help.

Kentucky is
at it again!!
You Want to See Something Way Cool?
November 7, 2001
Kentucky
has virtual adult education (http://www.kyvae.org)
, a virtual university that includes professional development for adult
educators (http://www.kyvu.org) -- under
"programs and courses" and click on "adult education
programs," and a virtual library (http://www.kyvl.org).
When
you have some time, wander around these sites.
Cheryl King and Reecie Stagnolia have been hard at work.
If you want more information, contact Reecie Stagnolia:
Reecie D.
Stagnolia, Deputy Commissioner
Kentucky Department for Adult Education
500 Mero St, 3rd Floor
Frankfort, KY 40601
502/564/5114, Ext 105, Office
502/545/8156, Cell
502/564/5436, FAX
reecied.stagnolia@mail.state.ky.us

First
Analysis of Changes
Related to Student Records
November 7, 2001
Last
week we sent you a notice about changes in the law related to student records as
a result of anti-terrorism efforts. Here
is Garrett's analysis of those changes. As
you will note, further guidance is forthcoming so it is best to wait before
sending anything official out to your local providers. Garrett's analysis is
meant to keep you posted of developments.
Subject:
Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT).
The subject legislation has been passed by the Congress and signed by the
President. Title V of the Act
contains sections dealing with the disclosure of educational information,
authorizing the release of such information when needed for an anti-terrorism
investigation.
The relevant sections appear below. See
especially Section 507(1)(A). Note
also that in Section 507(3) educational agencies providing such information are
protected from liability for having done so.
The Justice Department is working with the Department of Education on
guidance to be issued shortly. At
this point it does not appear that this legislation applies to State Educational
Agencies, only local providers, but that issue should be cleared up in the
upcoming guidance. It is
probably best to wait for that guidance before getting anything official out to
your local provider agencies but, just in case an investigation were to
materialize before you received that guidance, we thought that you might want to
be prepared to respond to a local agency.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), is amended by adding after subsection (i) a new subsection
(j) to read as follows:
`(j) INVESTIGATION AND PROSECUTION OF TERRORISM-
`(1) IN GENERAL- Notwithstanding subsections (a)
through (i) or any provision of State law, the Attorney General (or any Federal
officer or employee, in a position not lower than an Assistant Attorney General,
designated by the Attorney General) may submit a written application to a court
of competent jurisdiction for an ex parte order requiring an educational agency
or institution to permit the Attorney General (or his designee) to--
`(A) collect education records in the possession
of the educational agency or institution that are relevant to an authorized
investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of
title 18 United States Code, or an act of domestic or international terrorism as
defined in section 2331 of that title; and
`(B) for official purposes related to the
investigation or prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial or in other
administrative or judicial proceedings) such records, consistent with such
guidelines as the Attorney General, after consultation with the Secretary, shall
issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An application under paragraph
(1) shall certify that there are specific and articulable facts giving reason to
believe that the education records are likely to contain information described
in paragraph (1)(A).
`(B) The court shall issue an order described in
paragraph (1) if the court finds that the application for the order includes the
certification described in subparagraph (A).
`(3) PROTECTION OF EDUCATIONAL AGENCY OR
INSTITUTION- An educational agency or institution that, in good faith, produces
education records in accordance with an order issued under this subsection shall
not be liable to any person for that production.
`(4) RECORD-KEEPING- Subsection (b)(4) does not
apply to education records subject to a court order under this subsection.'.
SEC. 508. DISCLOSURE OF INFORMATION FROM
NCES SURVEYS.
Section 408 of the National Education Statistics
Act of 1994 (20 U.S.C. 9007), is amended by adding after subsection (b) a new
subsection (c) to read as follows:
`(c) INVESTIGATION AND PROSECUTION OF TERRORISM-
`(1) IN GENERAL- Notwithstanding subsections (a)
and (b), the Attorney General (or any Federal officer or employee, in a position
not lower than an Assistant Attorney General, designated by the Attorney
General) may submit a written application to a court of competent jurisdiction
for an ex parte order requiring the Secretary to permit the Attorney General (or
his designee) to--
`(A) collect reports, records, and information
(including individually identifiable information) in the possession of the
center that are relevant to an authorized investigation or prosecution of an
offense listed in section 2332b(g)(5)(B) of title 18, United States Code, or an
act of domestic or international terrorism as defined in section 2331 of that
title; and
`(B) for official purposes related to the
investigation or prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial or in other
administrative or judicial proceedings) such information, consistent with such
guidelines as the Attorney General, after consultation with the Secretary, shall
issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An application under paragraph
(1) shall certify that there are specific and articulable facts giving reason to
believe that the information sought is described in paragraph (1)(A).
`(B) The court shall issue an order described in
paragraph (1) if the court finds that the application for the order includes the
certification described in subparagraph (A).
`(3) PROTECTION- An officer or employee of the
Department who, in good faith, produces information in accordance with an order
issued under this subsection does not violate subsection (b)(2) and shall not be
liable to any person for that production.'
NAEPDC
A Natural Resource For Adult Education State Directors and their Staff Members
Dr. Lennox L. McLendon, Executive Director
lmclendon@naepdc.org
www.naepdc.org
202.624.5250
202.624.1497 FAX