Federal Data Users

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

Oh good flag Steve! That does make sense. Do you anticipate any consequences down the line? 

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

So far that's what I've heard as well--it's likely because NCES staff were sworn under CIPSEA and NAGB is not. The protections are substantially similar but not exactly the same. The biggest difference (so I've been told) is that ESRA has a "terrorism carve out" that was introduced in 2002 / reflects The Patriot Act. NCES's summary reads as follows:

"the portion of the NESA of 1994 that specified that data collected by NCES may only be used for statistical purposes was amended by the fact that the data may now be used with a judge's order for matters relevant to an offense concerning national or international terrorism."

Source: https://nces.ed.gov/statprog/conflaws.asp

You can find the full text of the terrorism exception on page 40 here: https://ies.ed.gov/ies/2025/01/education-sciences-reform-act-2002-0

Oh good flag Steve! That does make sense. Do you anticipate any consequences down the line? 

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

So far that's what I've heard as well--it's likely because NCES staff were sworn under CIPSEA and NAGB is not. The protections are substantially similar but not exactly the same. The biggest difference (so I've been told) is that ESRA has a "terrorism carve out" that was introduced in 2002 / reflects The Patriot Act. NCES's summary reads as follows:

"the portion of the NESA of 1994 that specified that data collected by NCES may only be used for statistical purposes was amended by the fact that the data may now be used with a judge's order for matters relevant to an offense concerning national or international terrorism."

Source: https://nces.ed.gov/statprog/conflaws.asp

You can find the full text of the terrorism exception on page 40 here: https://ies.ed.gov/ies/2025/01/education-sciences-reform-act-2002-0

Oh good flag Steve! That does make sense. Do you anticipate any consequences down the line? 

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

Beth,

Is it also true that the penalties for redisclosure are fairly non-existent under ESRA and exist under CIPSEA? 

I also wonder more broadly what it says about the quality of administration of NAEP if from the outset ED is saying it won't be able to comply with CIPSEA? 

So far that's what I've heard as well--it's likely because NCES staff were sworn under CIPSEA and NAGB is not. The protections are substantially similar but not exactly the same. The biggest difference (so I've been told) is that ESRA has a "terrorism carve out" that was introduced in 2002 / reflects The Patriot Act. NCES's summary reads as follows:

"the portion of the NESA of 1994 that specified that data collected by NCES may only be used for statistical purposes was amended by the fact that the data may now be used with a judge's order for matters relevant to an offense concerning national or international terrorism."

Source: https://nces.ed.gov/statprog/conflaws.asp

You can find the full text of the terrorism exception on page 40 here: https://ies.ed.gov/ies/2025/01/education-sciences-reform-act-2002-0

Oh good flag Steve! That does make sense. Do you anticipate any consequences down the line? 

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

With the caveat that I'm neither a lawyer, nor a legal scholar... It is accurate that CIPSEA very clearly spells out penalties for disclosure. I have gone down the ESRA, FERPA, Title 20, rabbit hole and cannot find references to specific penalties. (They may exist somewhere and I've either missed them or missed a reference to where they are specified.)

Beth,

Is it also true that the penalties for redisclosure are fairly non-existent under ESRA and exist under CIPSEA? 

I also wonder more broadly what it says about the quality of administration of NAEP if from the outset ED is saying it won't be able to comply with CIPSEA? 

So far that's what I've heard as well--it's likely because NCES staff were sworn under CIPSEA and NAGB is not. The protections are substantially similar but not exactly the same. The biggest difference (so I've been told) is that ESRA has a "terrorism carve out" that was introduced in 2002 / reflects The Patriot Act. NCES's summary reads as follows:

"the portion of the NESA of 1994 that specified that data collected by NCES may only be used for statistical purposes was amended by the fact that the data may now be used with a judge's order for matters relevant to an offense concerning national or international terrorism."

Source: https://nces.ed.gov/statprog/conflaws.asp

You can find the full text of the terrorism exception on page 40 here: https://ies.ed.gov/ies/2025/01/education-sciences-reform-act-2002-0

Oh good flag Steve! That does make sense. Do you anticipate any consequences down the line? 

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

Oh good flag Steve! That does make sense. Do you anticipate any consequences down the line? 

Thanks, Corinna. I wonder if this change is because NCES won't have sworn-in CIPSEA folks overseeing the data collection. It's now NAGB, or was going to be, right? Beth, I look forward to hearing what you learn.

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf

I learned from a colleague that they made this change to PISA last month: https://ies.ed.gov/learn/news/changes-pisa-2025-collection. 

To reiterate a request on the BJS item, it anyone has document for other agencies that have removed SOGI references from questionnaires, please let me know. 

If you want even more background on the Patriot Act, here is the relevant section from our NCES paper:

Following the terrorist attacks of September 11th, 2001, the United States Congress dramatically altered its approach to protecting citizens' privacy and confidentiality. This is perhaps best exemplified by the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001," commonly called the USA Patriot Act (Public Law 107-56). Quickly signed into law by President George W. Bush on October 26th, the Patriot Act weakened NCES' existing data privacy and confidentiality protections by facilitating a means for a designated federal officer to use NCES data for non-statistical purposes in instances involving domestic or international terrorism. The action undermined the confidentiality protections of Hawkins-Stafford, NESA, and the Privacy Act of 1974, which makes illegal the release of citizens' personally identifiable information without prior consent in agencies across the federal government.

Thanks, 

Steve

Hi all! 

I was reading through the OMB ICR clears for the 2026 NAEP math/reading assessments, and I noted this language: 

"As of April 2025, NCES's assurances of confidentiality protections for NAEP 2026 have

changed due to recent staffing changes at the Department of Education. NCES has

removed the Foundations of Evidence-Based Policymaking Act of 2018, Title III, Part B,

Confidential Information Protection ("CIPSEA") as a confidentiality assurance.

However, confidentiality assurances under the Education Sciences Reform Act of

2002 (ESRA) remain in effect."

I am less familiar with ESRA confidentiality assurances than I am with CIPSEA - so I was wondering if anyone could help shed light on ways in which the staffing bears on this, and whether or not the switch to ESRA will have a significant impact. Thanks! 

https://public-inspection.federalregister.gov/2025-08602.pdf