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

Forms and Documents

Document Name	Status
1870-NEW Supporting Statement for Title IX Final Rule 20200511 rev.docx Supporting Statement A	2020-05-19

IC Document Collections

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

ICR Details

OMB Control No: 1870-0505	ICR Reference No: 202005-1870-001
Status: Active	Previous ICR Reference No: 201811-1870-001
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: Approved with change	Conclusion Date: 12/08/2020
	Date Received in OIRA: 05/19/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2023	36 Months From Approved
Responses	119,860	0	0
Time Burden (Hours)	1,892,188	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The U.S. Department of Education's Final Rule for the “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” makes changes to the NPRM and these changes have adjusted the proposed burden for affected entities complying with the final regulations. The final regulations remove Section 106.44(b)(3) as proposed in the NPRM, which provided recipients a safe harbor with respect to supportive measures. Section 106.45(b)(2) Notice of Allegations requires all recipients, upon receipt of a formal complaint, to provide written notice to the complainant and the respondent, informing the parties of the recipient’s grievance process and providing sufficient details of the sexual harassment allegations being investigated. Section 106.45(b)(9) Informal resolution requires that recipients who wish to provide parties with the option of informal resolution of formal complaints, may offer this option to the parties with certain provisions as well as voluntary participation in an informal resolution as a method of resolving the allegations raised in formal complaints without completing the investigation and adjudication. Additionally, recipients may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Section 106.45(b)(10) requires recipients to maintain certain documentation regarding their Title IX activities. Recipients would be required to maintain certain records for a period of seven years.

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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	Final or interim final rulemaking	85 FR 30026	05/19/2020

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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 and Others)

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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	119,860	0	0	119,860	0	0
Annual Time Burden (Hours)	1,892,188	0	0	1,892,188	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 which is estimated as a total of 1,892,188 hours and $74,794,358 costs for 119,860 responses.

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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? No

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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: 05/19/2020

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