Annual State Application Under Part B of the Individuals with Disabilities Education Act as Amended in 2004

Forms and Documents

Document Name	Status
Annual State Application Under Part B of IDEA Form	Modified
1820-0030 Comments and Discussion 11_14_19.docx Supplementary Document	2019-11-14
1820-0030_Part_B_Supporting_Statement 11_14_19.docx Supporting Statement A	2019-11-14

IC Document Collections

IC ID	Document Title	Status
188619	Annual State Application Under Part B of IDEA Form	Modified

ICR Details

OMB Control No: 1820-0030	ICR Reference No: 201908-1820-001
Status: Active	Previous ICR Reference No: 201707-1820-002
Agency/Subagency: ED/OSERS	Agency Tracking No:
Title: Annual State Application Under Part B of the Individuals with Disabilities Education Act as Amended in 2004
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/02/2020
	Date Received in OIRA: 11/15/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	08/31/2021
Responses	60	0	60
Time Burden (Hours)	2,340	0	840
Cost Burden (Dollars)	0	0	0

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Abstract: The Individuals with Disabilities Education Act, signed on December 3, 2004, became PL 108-446. In accordance with 20 U.S.C. 1412(a) a State is eligible for assistance under Part B for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the conditions found in 20 U.S.C. 1412. Information collection 1820-0030 allows States to proved assurances that it either has or does not have in effect policies and procedures to meet the eligibility requirements of Part B of the Act as found in PL 108-446. Information Collection 1820-0030 is being revised to include the reporting requirement in 34 CFR 300.647(b)(7). This requirement is pursuant to the significant disproportionality rules promulgated on December 19, 2016.

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Authorizing Statute(s): US Code: 20 USC 1400 et seq. Name of Law: Individuals with Disabilities Education Act, as amended 2004
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 44605	08/26/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 62518	11/15/2019
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Annual State Application Under Part B of IDEA	N/A, N/A	N/A ,   N/A

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	60	60	0	0	0	0
Annual Time Burden (Hours)	2,340	840	0	1,500	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: New regulations at 34 CFR 300.646 and 300.647. On July 3, 2018, the Department delayed until July 1, 2020, the date for States to comply with these regulations (and to July 1, 2020 the date to include children 3 to 5 in the significant disproportionality analysis). On March 7, 2019, the United States District Court for the District of Columbia vacated the Department’s delay. Council of Parent Attorneys and Advocates, Inc. v. DeVos, 18-CV-1636. These regulations are now in effect. (States must include children 3 to 5 in their significant disproportionality analyses by July 1, 2020.) Total annual hours requested is 840 plus a one year burden of (1,500) hours that equals an estimated total of 2,340 hours.

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Annual Cost to Federal Government: $27,346

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: 11/15/2019

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