Supporting_Statement_LEAP.rev

Application to Participate in the Leveraging Educational Assistance Partnership (LEAP) and Special Leveraging Educational Assistance Partnership (SLEAP) Programs for the 2008-2009 Award Year

Attachments to OMB 83-I

1. Supporting Statement

2. OMB 83-I

3. The LEAP and SLEAP Programs Performance Report Form (ED FORM 1288-1)

4. Instructions for completing the form

5. Program Statute, Title IV-A-4, Higher Education Act of 1965, as amended

6. Program Regulations, 34 CFR 692

Supporting Statement

Performance Report for the

Leveraging Educational Assistance Partnership (LEAP) and Special Leveraging Educational Assistance Partnership (SLEAP) Programs

2008-2009 Award Year

(ED FORM 1288-1)

A. JUSTIFICATION

1. The Leveraging Educational Assistance Partnership (LEAP) and Special Leveraging Educational Assistance Partnership (SLEAP) Programs are authorized under Title IV, Part A, Subpart 4 of the Higher Education Act of 1965, as amended (20 U.S.C. 1070c), and administered under 34 CFR Part 692. This is the same form that has been previously approved which has been reformatted utilizing Adobe LiveCycle Forms software. The new formatted form is an electronic interactive form, which allows our respondents to navigate, complete and submit more easily while improving data accuracy. The current LEAP and SLEAP performance report form expires October 31, 2008 (OMB 1845-0044). We are requesting an extension of the LEAP and SLEAP programs performance report.

The Education Department General Administrative Regulations (EDGAR) require the states to submit annual performance reports to the Secretary that are necessary to carry out the Secretary's functions. EDGAR (34 CFR 80.40(b)) provides that " ... grantees shall submit annual performance reports.... Annual reports shall be due 90 days after the grant year.... ". (Copies of the appropriate sections of EDGAR are attached.)

2. Each of the participating state agencies provides information on the annual performance report about its use of program funds in order to demonstrate compliance with the program's statutory and regulatory requirements. Federal program officials use the performance report data for monitoring program funds distribution, for performing program evaluation, and for recommending policy decisions by Federal officials.

State agencies are held accountable for evidence that eligible students meet all statutory and regulatory requirements. The designated state agency is accountable to the Federal Government for the adequacy of student eligibility evidence. State-maintained fiscal and program records must demonstrate that funds go only to qualified recipients in appropriate amounts, in accordance with all the applicable statutes and regulations.

The performance report is the only vehicle by which Federal program officials may annually monitor the compliance of the State agencies. If this information collection were not conducted, the Federal program officials would have no means by which to monitor and ensure state agency compliance with the program statute and regulations.

3. Upon submission of the form, states certify that all information given is accurate and that they are in compliance with the program statute and regulations. Utilizing this new Adobe format, States are able to submit the data electronically via the Internet. The Department makes the form available on our web site and also forwards the form to all necessary respondents.

4. The LEAP and SLEAP programs are operated by a single agency in each state. Each state provides annual data on its performance report that applies only to that state, which must be updated each year, and is not collected on any other form. Therefore, there is no duplication collection of this data. In the development of this form, we only require the bare minimum of items needed to ensure compliance with the programs.

5. The collection of information does not involve other businesses or small entities.

6. Similar information for each state is not available from any other source that can meet these specific statutory requirements. States are required to apply annually for their LEAP and SLEAP program allotments and must annually report the expenditures of each allotment. LEAP and SLEAP program operations are continuous by year, and totally separate from one year to the next. Therefore, information collection and recordkeeping must be kept on a yearly basis, at a minimum, in order to be accurate. Any lapse in the keeping of required information makes it impossible for the Department to determine accountability for use of federal funds in compliance with the statute and regulations. Failure to receive these reports would put the program in violation of the program statute.

7. There are no special circumstances in this information collection.

8. The states were given an opportunity to test and provide comments and suggestions concerning the development of this form. Additionally, members of the National Association of State Student Grant Aid Programs (NASSGAP) and other state agency officials have been invited to provide the Department with comments and suggestions concerning the development of forms, both application and performance reporting, at numerous NASSGAP national conferences, the latest held in Park City, Utah on October 23, 2007.

9. ED does not provide any payment or gifts to respondents.

9. No assurance of confidentiality is provided to respondents. The information collected on the performance report is part of the state and federal public record.

9. There are no questions of a sensitive nature.

9. The 50 States, the District of Columbia, Puerto Rico, and four island jurisdictions are eligible to participate in the LEAP Program. States must first be found eligible to participate in the LEAP Program before they can apply to participate in the SLEAP Program. The cost for responding state agencies to gather and record the appropriate information and to complete the performance report is estimated at $9,408.

RESPONDENT COSTS

Program Specialist 8.0 hrs x $24 x 56 respondents = $ 10,752

There may be as many as 56 respondents to this annual information collection depending on the total number of entities that applied for and received program funds for any given award year. As indicated in item 12 above, the reporting burden estimated for this information collection is 8.0 hours per respondent. Therefore the annual reporting burden is calculated as follows:

56 respondents x 1 submission x 8 hours=448 annual burden hours

The hourly estimate includes the identification and collection of relevant information, pulling state data and preparation.

9. There are no capital or start-up costs for this information collection. All states have access to Internet, and any compatibility software that would be needed would be sent to states at no charge.

9. The annual cost to the Federal Government for the processing of the performance reports is estimated to be $9,200; this cost includes staff time in reviewing and analyzing data for funding decisions; and ensuring State compliance with program statute and regulations.

FEDERAL GOVERNMENT COSTS:

Program Specialist 400 hrs. x $34.22 = $13,688

Overhead costs and Miscellaneous = $ 4,800

Total = $18,488

9. The annual reporting and recordkeeping hour burden changed from 560 to 448 hours because the form is now electronic and can easily be submitted electronically and no longer requires a wet signature. We also took into consideration an increase in respondent and Education staff pay.

9. Results are not scheduled for statistical use publication.

9. We are not seeking approval to exclude the display of the expiration date for OMB approval of the information collection.

9. No exceptions to the certification statement identified in item 19 of OMB Form 83-I.

2. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection of information does not employ statistical methods.