Mandatory Civil Rights Data Collection

Forms and Documents

Document Name	Status
Mandatory Civil Rights Data Collection Form	New
Supporting Statement B.docx Supporting Statement B	2013-06-13
ED-2013-ICCD-0079 30day FRN 1870-NEW.doc Supplementary Document	2013-12-02
Attachment B Response to 60 Day Public Comment.docx Supplementary Document	2013-11-27
60D_FRN_1870-NEW.pdf Supplementary Document	2013-06-21
A-5 Directed Questions.docx Supplementary Document	2013-06-13
Supporting Statement A.PC60.CV.docx Supporting Statement A	2013-12-02

IC Document Collections

IC ID	Document Title	Status
209553	Mandatory Civil Rights Data Collection Form	New

ICR Details

OMB Control No: 1870-0504	ICR Reference No: 201312-1870-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: ED/OCR	Agency Tracking No: 1974.01
Title: Mandatory Civil Rights Data Collection
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/28/2014
	Date Received in OIRA: 12/04/2013
Terms of Clearance: OMB commends the Department for collaborating internally and with external federal partners to make this data collection a robust and sound survey. OMB agrees with the Department that the CRDC could serve as the base for a system of surveys. We also expect OCR and NCES to continue their strong collaboration. The Department’s external discussions have brought to light that more work needs to be done before the Department can collect valid and reliable data on the numbers of students in juvenile detention facilities. OMB expects that by 2016, the Department will have had opportunity to make sufficient progress to decide whether it can expand the collection to include these facilities, and also will have completed quality assessments of different content areas in the survey; and therefore it gives this collection a two-year clearance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2016	36 Months From Approved
Responses	17,620	0	0
Time Burden (Hours)	1,510,075	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The collection, use and reporting of education data is an integral component of the mission of the U.S. Department of Education (ED). EDFacts, an ED initiative to put performance data at the center of ED's policy, management, and budget decision-making processes for all K-12 education programs, has transformed the way in which ED collects and uses data. For school years 2009-10 and 2011-12, the Civil Rights Data Collection (CRDC) was approved by OMB as part of the EDFacts information collection (1875-0240). For school years 2013-14 and 2015-16, the Office for Civil Rights (OCR) is clearing the CRDC as a separate collection from EDFacts. ED's CRDC information collection is modeled after the most current EDFacts information collection approved by OMB (1875-0240). As with previous CRDC collections, the purpose of the 2013-14 and 2015-16 CRDC is to obtain vital data related to the civil rights laws requirement that public local educational agencies (LEAs) and elementary and secondary schools provide equal educational opportunity. ED has extensively analyzed the uses of every data element collected in the 2011-12 CRDC and sought advice from experts across ED to refine, improve, and where appropriate, add or remove data elements from the collection. The 2013-14 and 2015-16 CRDC redesign effort ensured that, while several new indicators were added to the collection, data elements also were removed where appropriate. ED also made the CRDC data definitions and metrics consistent with other mandatory collections across ED wherever possible. The proposed additions and changes to the 2013-14 and 2015-16 CRDC reflect the need for a deeper understanding of and accurate data about the educational opportunities and school context for our nations students. ED seeks OMB approval under the Paperwork Reduction Act to collect from school districts, the elementary and secondary education data described in the sections of Attachment A. In addition, ED requests that LEAs and other stakeholders respond to the directed questions found in Attachment A-5.

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Authorizing Statute(s): US Code: 20 USC 3411 Name of Law: Department of Education Organization Act
   US Code: 20 USC 3412(g) Name of Law: Department of Education Organization Act
   US Code: 20 USC 3471(a) Name of Law: the Department of Education Organization Act
   US Code: 20 USC 3413 (C)(1) Name of Law: Department of Education Organization Act
   US Code: 20 USC 3472 Name of Law: the Department of Education Organization Act
   US Code: 20 USC 7913 Name of Law: Elementary and Secondary Education Act of 1965 (ESEA)
   US Code: 20 USC 7914 Name of Law: Elementary and Secondary Education Act of 1965 (ESEA)
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 37529	06/21/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 72872	12/04/2013
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Mandatory Civil Rights Data Collection	N/A, N/A, N/A, N/A	N/A ,   Data Groups ,   Data Categories ,   Directional Indicators

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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	17,620	0	0	17,620	0	0
Annual Time Burden (Hours)	1,510,075	0	0	1,510,075	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: Recent administrations of the CRDC 2004, 2006, and 2009-10 were conducted primarily on-line through a survey tool in partnership with EDFacts. As such, through 2011, it was cleared under OMB control # 1875-0240. However, beginning with the 2013-14 CRDC, OCR is submitting this new separate clearance package for the CRDC. Therefore, the entire amount of the burden associated with the 2013-14 CRDC is attributable to OCR. Additionally, the SY 2013-14 CRDC survey content will increase by approximately 17 percent (over the 2011-12 CRDC) as a result of program change due to agency discretion. OCR relies on CRDC data as it investigates complaints alleging discrimination, determines whether the federal civil rights laws it enforces have been violated, initiates proactive compliance reviews to focus on particularly acute or nationwide civil rights compliance problems, and provides policy guidance and technical assistance to educational institutions, parents, students, and others. The proposed additions and changes to the 2013-14 and 2015-16 CRDCs reflect the need for a deeper understanding of and accurate data about the educational opportunities and school context for our nations students. Although there is a net increase to the number of burden hours, this net increase includes an estimated reduction of 59,000 burden hours above what the burden would have been due to the burden reduction initiative that ED is undertaking through implementation of a new survey tool, which will allow for additional opportunities to minimize the amount of responses that school districts and schools will be required to make (by skipping questions that are not applicable to a particular school or district).

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Annual Cost to Federal Government: $4,942,000

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

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]? 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

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Common Form ICR:  No

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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: 12/04/2013

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