Student Assistance: Public Sector Institutions

ICRAS 1403 1845-0022 v10 – Affected Public – State, Local or Tribal Governments 4/29/2014

The Department of Education (the Department) proposes to amend the Student Assistance General Provisions regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement the changes made by the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. L. 113-4), which, among other provisions, amended section 485(f) of the HEA, otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). These proposed regulations are a result of negotiated rulemaking and would update and clarify the current regulations.

This is a revision to the current collection due to changed regulatory action that requires additional collection and reporting by the institutions. Burden that is impacted is in proposed §668.46 (b), §668.46(c) §668.46(j), and §668.46(k). The Department is requesting continued approval of the current collection along with consideration of the following revisions.

34 CFR §668.46 Institutional security policies and crimes statistics.

Under proposed §668.46(b) Annual security report, we have revised and expanded existing language and added new requirements for items to be reported annually.

Under proposed §668.46(c), Crime statistics, we have revised and expanded existing language and added new reporting requirements for items to be reported in the annual survey.

Under proposed §668.46(j), Programs to prevent dating violence, domestic violence, sexual assault, and stalking, we are proposing particular elements of the required description of the institution’s programs and ongoing campaigns about prevention and awareness that must be included in the institution’s annual security report.

Under proposed §668.46(k), Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, we would implement the statutory changes requiring an institution that participates in any title IV, HEA program, other than a foreign institution, to include a statement of policy in its annual security report addressing the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking.

§668.46 New Burden:
Respondents			Responses		Hours/Response		Hours of Burden
Public Institutions			2,011
	§668.46 (b) Annual Security Report			x	2.5	=	5,028
	§668.46 (c) Crime Statistics			x	1.5	=	3,017
	§668.46 (j) Programs/Training			x	4	=	8,044
	§668.46 (k) Procedures/Discipline			x	2.75	=	5,530
						Total	21,619