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OMB Control No: 1810-0734	ICR Reference No: 201802-1810-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No:
Title: Application for Flexibility for Equitable Per-pupil Funding
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: 02/07/2018
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/08/2018
	Date Received in OIRA: 02/01/2018
Terms of Clearance: This emergency approval is good for 6 months. If the Department of Education chooses to use this application past the approval time, they are required to submit a collection under the full Paperwork Reduction Act process to receive approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2018	6 Months From Approved
Responses	20	0	0
Time Burden (Hours)	1,120	0	0
Cost Burden (Dollars)	0	0	0

Abstract: This is a request for emergency clearance to collect critical information for the Application for Flexibility for Equitable Per-pupil Funding, the instrument through which local educational agencies (LEAs) apply for flexibility to consolidate eligible Federal funds and State and local education funding based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.

Emergency Justfication: This is a request for emergency clearance to collect critical information for the Application for Flexibility for Equitable Per-pupil Funding, the instrument through which local educational agencies (LEAs) apply for flexibility to consolidate eligible Federal funds and State and local education funding based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. This program allows LEAs to consolidate funds under the Elementary and Secondary Education of 1965 Federal education programs. These Federal education programs were reauthorized by the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA). The ESSA added a new program to the ESEA, the Flexibility for Equitable Per-pupil Funding under section 1501. This discretionary flexibility allows the U.S. Department of Education (Department) to offer an LEA the opportunity to consolidate funds under the above-listed programs to support the LEA in creating a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students, with attendant flexibility in using those funds. For the initial three-year period, the Department may approve this flexibility for up to 50 LEAs. Given the priority of an orderly transition, the earliest available time to award flexibility related to the use of federal funding was School Year 2018-2019, which mostly takes place during FY 2019. This aligns with States transition to “full” compliance, as all provisions of the law will be effective by FY 2019, including those that were otherwise delayed under orderly transition authority. This timeframe also aligns with the implementation of the other pilot program provided in ESSA, the Innovative Assessment Demonstration Authority (IADA). Although an approximate timeframe was established, by necessity, the planning for a new and potentially far-reaching program could not begin in earnest until new political leadership had been appointed. This planning began in mid-2017 following the appointment of Secretary DeVos and other political leadership. The scope of work for the development of the application was significant. The program is entirely new and involves broad authority for the Secretary to waive provisions of the ESEA, although only after a successful applicant meets several dozen precise and technical requirements related to the allocation, use and reporting of funds. Given that the program is new and highly technical, affects the use of federal funds, waives other federal requirements, and involves a potential applicant pool of thousands of school districts, the development of an application required significant legal and policy analysis, which lasted several months. Lastly, between enactment of ESSA and the present date, there were also several major anticipated and unanticipated events, including a change in Presidential and Secretarial administration, Congressional action that eliminated certain implementing regulations of the law, and significant turnover in staff related to both the change in administration and natural attrition over a period of multiple years. These events impact the capacity, decision-making structure, and institutional knowledge of the Department, causing it to be less agile and to move at a slower velocity for some period. Fortunately in recent months that has changed. However, due to these events, including some that were unforeseen, as well as the other conditions described in the paragraphs above, the development of the application was affected. The end result remains that a traditional paperwork clearance would have resulted in applicants being unable to use the awarded flexibility until the 2019-2020 school year, which would delay a program that Congress intended to equitably allocate resources to educationally disadvantaged students. Therefore, the Department is seeking emergency clearance.

Authorizing Statute(s): PL: Pub.L. 115 - 64 1501 Name of Law: Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act

Citations for New Statutory Requirements: PL: Pub.L. 115 - 64 1501 Name of Law: Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
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
Application for Flexibility for Equitable Per-pupil Funding	NA

ICR Summary of Burden

	Total Approved	Change Due to New Statute
Annual Number of Responses	20	20
Annual Time Burden (Hours)	1,120	1,120
Annual Cost Burden (Dollars)	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is the first time this information collection is being conducted; there is a program change increase of 1,120 annual burden hours.

Annual Cost to Federal Government: $12,800

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Jessica McKinney 202 401-1960 jessica.mckinney@ed.gov

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