Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Forms and Documents

Document Name	Status
Supporting Statement Part A - completed 11-30-18.docx Supporting Statement A	2018-12-03

IC Document Collections

IC ID	Document Title	Status
234342	Language for Recordkeeping Requirement (LEAs) Other-Regulation	New
234265	Language for Regulations for Title IX (IHEs) Other-Regulation	New

ICR Details

OMB Control No: 1870-0505	ICR Reference No: 201811-1870-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: ED/OCR	Agency Tracking No:
Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
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: 02/22/2019
	Date Received in OIRA: 12/03/2018
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 of1995. 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

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Abstract: The Department’s notice of proposed rulemaking “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” (the “NPRM”) would require recipients to maintain certain documentation regarding their Title IX activities, including maintaining for a period of three years records of all sexual harassment reports and investigations, and materials used to train Title IX coordinators, investigators and decision-makers. These requirements are specified in proposed section 34 CFR 106.45(b)(7) of the NPRM. The NPRM would further require recipients to inform complainants, in writing, of the right to file a formal complaint in situations where the complainant wishes to receive supportive measures without pursuing a formal complaint at that time. This requirement is specified in proposed section 34 CFR 106.44(b)(3) of the NPRM. The NPRM would further require recipients to provide written notice to parties to a formal complaint of sexual harassment. This requirement is specified in proposed section 34 CFR 106.45(b)(2) of the NPRM. The NPRM would further require recipients who wish to facilitate informal resolution of a formal complaint of sexual harassment to provide the parties with written notice of the procedures involved, and to obtain the parties’ voluntary, written consent to the informal resolution process. This requirement is specified in proposed section 34 CFR 106.45(b)(6). The documentation of a recipient’s Title IX activities will allow recipients, students and ED to assess on a longitudinal basis the prevalence of sexual harassment affecting access to a recipient’s programs and activities, whether a recipient is complying with Title IX when responding to reports and formal complaints of sexual harassment and the need for additional or different training. The notices given to parties involved in sexual harassment reports and formal complaints relating to procedural rights would ensure that complainants receive supportive measures to assist them in the aftermath of sexual harassment while also being informed of their right to file a formal complaint; ensure that the nature and scope of any investigation of a formal complaint is understood by all parties; and ensure that parties understand the process and consequences of voluntarily participating in any informal resolution of a formal complaint. Each of the foregoing information collection activities applies to respondents who are educational institutions receiving Federal financial assistance. None of the information collection activities require respondents to submit information to the government. Rather, under the proposed NPRM, respondents must maintain records documenting the respondent's response to sexual harassment reports and complaints, and give certain information to parties involved in sexual harassment reports and complaints.

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Authorizing Statute(s): US Code: 20 USC 1681 Name of Law: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financia
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1870-AA14	Proposed rulemaking	83 FR 61462	11/29/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Language for Recordkeeping Requirement (LEAs)
Language for Regulations for Title IX (IHEs)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new requirement, therefore all burden is new. This results in an increase in burden and responses of 979,818 hours and 23,372 responses respectively.

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Annual Cost to Federal Government:

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 12/03/2018

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