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.