The U.S. Department of Education (ED) has proposed new regulations to implement the Migrant Student Information Exchange (MSIX), a nationwide, electronic records exchange mechanism mandated under Title I, Part C of the Elementary and Secondary Education Act (ESEA), as amended by the No Child left Behind Act. As a condition of receiving a grant of funds under the Migrant Education Program (MEP), each State educational agency (SEA) would be required to collect, maintain, and submit minimum health and education-related data to MSIX within established timeframes. These regulations facilitate timely school enrollment, placement, and accrual of secondary course credits for migratory children and help us determine accurate migratory child counts and meet other MEP reporting requirements. The MEP is authorized under sections 1301-1309 in Title I, Part C of the ESEA. MSIX and the minimum data elements (MDEs) are authorized specifically under section 1308(b) of the ESEA.
This final regulatory collection replaces the current collection for the MSIX MDEs under OMB No. 1810-0683. The burden hours and costs associated with this data collection are required to ensure that States implement and utilize MSIX for interstate migrant student records exchange, which will then enable the Department to meet the statutory mandate in section 1308(b) of the ESEA to facilitate the electronic exchange of MDEs by SEAs to address the educational and related needs of migratory children.
PL:
Pub.L. 107 - 110 1308 (b)
Name of Law: Title I, Part C of Elementary and Secondary Education Act, as amended
For this collection, there is an overall increase of 103,312 annual burden hours, with a decrease of -17,410 responses. There are two factors that contribute to this burden increase. First, the previous burden applied to 48 respondents, because Connecticut and Rhode Island were not operating a MEP at the time. The Department since awarded a by-pass contract for the operation of MEPs in Connecticut and Rhode Island which brought the total number of respondents to 50. The data burden for the by-pass states is being included due to the fact that the SEAs associated with these states may decide to participate in the MEP in the future. The second factor that contributes to the increased burden is the change to the associated reporting activities. To align with these final regulations, reporting activities have been replaced or updated to reflect these regulatory related reporting activities. The new reporting activities more clearly identify the collection activities and better align with MEP business practices and MSIX functionality.
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:
(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;
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.