View Information Collection Request (ICR) Package
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View ICR - OIRA Conclusion
OMB Control No:
1810-0693
ICR Reference No:
200906-1810-001
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
ED/OESE
Agency Tracking No:
4002
Title:
Guidance on Title I, Part A Waivers
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
07/13/2009
OIRA Conclusion Action:
Approved without change
Conclusion Date:
07/16/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/09/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2010
6 Months From Approved
Responses
947
0
0
Time Burden (Hours)
29,640
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The U.S. Department of Education (ED) plans to issue guidance inviting waivers related to the use of FY 2009 Title I, Part A funds available through the America Recovery and Reinvestment Act of 2009 (ARRA), waivers related to certain Title I, Part A statutory and regulatory provisions related to public school choice and supplemental educational services, and waivers related to maintenance of effort requirements. The guidance provides instructions for State educational agencies (SEA) on how they may apply to ED for waivers and instructions for local educational agencies (LEAs) on how they may implement the waivers obtained by their SEA. The guidance includes information collections covered under the Paperwork Reduction Act.
Emergency Justfication:
Approval of this information request will enable ED to consider requests to waive certain statutory requirements that relate to the use of Title I, Part A ARRA funds. The information collections relate to the information that must be submitted to ED as part of a waiver request, as required by section 9401 of the Elementary and Secondary Education Act (ESEA). OMB approval on an emergency basis would enable ED to provide SEAs and LEAs with timely information about waivers of certain Title I, Part A requirements--information that will be necessary as SEAs and LEAs make crucial decisions about how they will most effectively use Title I, Part A funds, including those available under the ARRA, during summer 2009 and in SY 2009-10. If emergency clearance is not granted, ED will not be able to provide the waiver request information to SEAs and LEAs in time for them to plan successfully. And without proper planning, Title I, Part A services to academically at-risk students, including those supported by the ARRA, would suffer. Similarly, now that States have received the Secretarys letter regarding the Title I regulations, as soon as possible they need understand the process for how to request a waiver and what information will be required to accompany that request. The Secretarys letter indicates that ED will provide additional information about the process for submitting a waiver request and this waiver guidance keeps that commitment. The waiver process must begin at this time in order for States and LEAs to plan for their implementation of the public school choice notice requirement for SY 2009-10. In addition, if a school or LEA in improvement, corrective action, or restructuring is going to be able to be approved as an SES provider for SY 2009-10, a waiver must be granted before a State completes its process for approving SES providers, or with sufficient time for the State to reopen that process, if it chooses to do so. Likewise, the process for requesting waivers related to the provision of SES to eligible students attending Title I schools in the first year of improvement must begin at this time in order for LEAs to have sufficient time to appropriately plan their implementation of SES. In all three cases, without emergency approval, States and LEAs will not be able to take advantage of the flexibility the Secretary is offering regarding these provisions for the upcoming school year because ED would not be able to provide information regarding how to apply for a waiver until it is too late. Concerning MOE, in accordance with EDs MOE regulations for ESEA programs (including Title I, Part A) covered by the MOE requirements, States will soon begin identifying those LEAs that failed to maintain effort in SY 2008-09. Section 9521(c) of the ESEA gives the Secretary the authority to waive the MOE requirements if an LEA experiences an exceptional or uncontrollable circumstance or experiences a precipitous decline in its financial resources. Due to the state of the economy during SY 2008-09, ED expects many more LEAs will have experienced a precipitous decline in their financial resources or an exceptional or uncontrollable circumstance than in prior years, causing them to miss maintaining effort and in turn to seek an MOE waiver from ED. Given these circumstances, the planned waiver guidance specifies the process States may use to obtain MOE waivers from ED for their LEAs. In order for this process to begin in a timely fashion, ED needs emergency approval of the information collection activities in the guidance associated with MOE waivers.
Authorizing Statute(s):
PL:
Pub.L. 107 - 110 9401 and 3521
Name of Law: Elementary and Secondary Education Act, as amended
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 5 Title VIII Name of Law: American Recovery and Reinvestment Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
30-day Notice:
Federal Register Citation:
Citation Date:
74 FR 130
07/09/2009
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Guidance on Title I, Part A Waivers
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
947
0
0
947
0
0
Annual Time Burden (Hours)
29,640
0
0
29,640
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This is a new collection.
Annual Cost to Federal Government:
$462,707
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Yes
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Todd Stephenson 202 205-1645 todd.stephenson@ed.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
07/09/2009
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