Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools

Forms and Documents

Document Name	Status
AAA Deliverable Task 3.5 OMB_Appx D-Study Overview_b.docx Supplementary Document	2020-02-03
AAA Deliverable Task 3.5_OMB_Appx B-Email Invitation_1-24-20_CLEAN (1).docx Supplementary Document	2020-02-03
AAA Deliverable Task 3.5 OMB_Appx A-Notification letter_1-24-20_CLEAN (2).docx Supplementary Document	2020-02-05
AAA Deliverable Task 3.5 OMB Section B_1-24-20b.docx Supporting Statement B	2020-02-03
AAA Deliverable Task 3.5 OMB Section A_1-24-20b (1).docx Supporting Statement A	2020-02-05

IC Document Collections

IC ID	Document Title	Status
238209	Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools Other-Interview Protocol	New

ICR Details

OMB Control No: 1810-0742	ICR Reference No: 201910-1810-002
Status: Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No: ED-2019-ICCD-0135
Title: Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools
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: Approved without change	Conclusion Date: 04/21/2020
	Date Received in OIRA: 02/10/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved
Responses	56	0	0
Time Burden (Hours)	56	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: Under Section 8546 of the Every Student Succeeds Act (ESSA), every state must have laws, regulations, or policies that prohibit the state education agency, a district, a school, or any school employee, contractor, or agent, from assisting an individual in obtaining new employment if they know, or have probable cause to believe, that the individual has engaged in sexual misconduct with a student or minor in violation of the law. The U.S. Department of Education is conducting a study that will examine states' development and implementation of laws and policies to prohibit aiding and abetting sexual misconduct in schools. The study will also describe the challenges states have encountered implementing the requirements of Section 8546 and how they have addressed these challenges. The study is not intended to determine the extent to which each state is complying with Section 8546. Rather, the Department seeks to understand how states are addressing implementing the provisions in Section 8546 in order to inform the Department's technical assistance efforts to states on this section of the law.

---

Authorizing Statute(s): PL: Pub.L. 115 - 224 8546 Name of Law: Every Student Succeeds Act
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 57708	10/28/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 7538	02/10/2020
Did the Agency receive public comments on this ICR? Yes

---

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

IC Title	Form No.	Form Name
Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools

---

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	56	0	0	56	0	0
Annual Time Burden (Hours)	56	0	0	56	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new request, therefore all burden is new. This results in an increase in burden and responses of 56 hours and 56 responses.

---

Annual Cost to Federal Government: $599,712

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

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

---

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: 02/10/2020

---