Supplement not Supplant Alternate Funds-based Compliance Test and Public Reporting

Forms and Documents

Document Name	Status
SNS ICR Supporting Statement 1810New (2).docx Supporting Statement A	2016-10-17

IC Document Collections

IC ID	Document Title	Status
223964	Proposed Regulation Table-Supplement not Supplant Alternate Funds-based Compliance Test and Public Reporting Other-Regulatory Table	New

ICR Details

OMB Control No: 1810-0730	ICR Reference No: 201610-1810-003
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No: ED-2016-OESE-0056-0001
Title: Supplement not Supplant Alternate Funds-based Compliance Test and Public Reporting
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: Comment filed on proposed rule	Conclusion Date: 12/02/2016
	Date Received in OIRA: 10/17/2016
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: As a result of the Every Student Succeeds Act (ESSA), which amends the Elementary and Secondary Education Act of 1965 (ESEA), the Department of Education (Department) has proposed new regulations to implement the Supplement, not Supplant provisions of the ESSA. The proposed regulations at 34 CFR 200.72(b)(1)(i)(A) and 34 CFR 200.72(b)(1)(ii)(C) contain information collection requirements. Proposed §200.72(b)(1)(i)(A) would require each LEA to annually publish its methodology for allocating State and local funds in a manner easily accessible to the public. Proposed §200.72(b)(1)(ii)(C) would allow States to--at their discretion--submit an alternate funds-based compliance test for Federal peer review that then could be used by LEAs to demonstrate compliance with the proposed supplement not supplant requirements. The Department will use this information to make determinations regarding compliance with supplement not supplant requirements. This is a new collection.

---

Authorizing Statute(s): PL: Pub.L. 114 - 95 118b Name of Law: Elementary and Secondary Eduction Act of 1965, as amended by ESSA
  

Citations for New Statutory Requirements: PL: Pub.L. 114 - 95 118b Name of Law: Elementary and Secondary Education Act as amended by ESSA

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1810-AB33	Proposed rulemaking	81 FR 61148	09/06/2016

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 61148	09/06/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 61148	09/06/2016
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Proposed Regulation Table-Supplement not Supplant Alternate Funds-based Compliance Test and Public Reporting

---

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new data collection with a program change increase of 23,933 annual burden hours.

---

Annual Cost to Federal Government: $24,000

Does this IC contain surveys, censuses, or employ statistical methods? No

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

---

Common Form ICR:  No

---

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: 10/17/2016

---