CARES Act Programs; Equitable Services to Students and Teachers in Non-Public Schools

Forms and Documents

Document Name	Status
SSA_1810-new Equitable Services IFR_062420.docx Supporting Statement A	2020-06-25
PRA Emergency Collection Memo.2.docx Supplementary Document	2020-06-25

IC Document Collections

IC ID	Document Title	Status
242444	CARES Act Programs; Equitable Services to Students and Teachers in Non-Public Schools Other-Burden Table	New

ICR Details

OMB Control No: 1810-0744	ICR Reference No: 202006-1810-007
Status: Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No: ED-2020-SCC-0105
Title: CARES Act Programs; Equitable Services to Students and Teachers in Non-Public Schools
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 07/01/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/01/2020
	Date Received in OIRA: 07/01/2020
Terms of Clearance: OMB approves the Department's request for emergency clearance of this ICR to allow ED to issue the interim final rule in a timely manner. Given ED's inability to seek public comment in advance of OMB approval, the burden hours and cost from this emergency collection will be added to related collections 1810-0741 and 1810-0743 and be subject to their respective 60 day public comment periods. This emergency collection will then be discontinued upon ED's request prior to its expiration date.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2021	6 Months From Approved
Responses	1,900	0	0
Time Burden (Hours)	76,393	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The U.S. Department of Education (Department) is issuing an interim final rule to clarify the requirement in section 18005 of Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that local educational agencies (LEAs) provide equitable services to students and teachers in non-public schools under the Governor’s Emergency Education Relief Fund (GEER Fund) and the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) (collectively, the CARES Act programs). Section 18005(a) of the CARES Act requires an LEA that receives funds under the GEER Fund or the ESSER Fund to provide equitable services in the same manner as provided under section 1117 of the Elementary and Secondary Education Act of 1965 (ESEA) to students and teachers in non-public schools, as determined in consultation with representatives of non-public schools. This is a request for an emergency paperwork clearance from OMB on the data collections associated with the interim final rule.

Emergency Justfication: Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, the U.S. Department of Education (Department) requests that the following collection of information, non-public school poverty count and enrollment data to be collected by local educational agencies (LEAs) that receive funds under the Governor’s Emergency Education Relief Fund (GEER Fund) and the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) (collectively, the CARES Act programs), be processed in accordance with section 1320.13 Emergency Processing. The Department is issuing an interim final rule, Equitable Services to Students and Teachers in Non-Public Schools, to clarify the requirement in section 18005 of Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that LEAs provide equitable services to students and teachers in non-public schools under the CARES Act programs. The Department has determined that LEAs must collect this information prior to the expiration of the time periods established under Part 1320, and that approval of this information collection is essential for LEAs to effectively implement the interim final rule. Therefore, the Department is requesting emergency approval to provide LEAs the means to carry out the CARES Act programs as intended.

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Authorizing Statute(s): PL: Pub.L. 116 - 136 18005 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 136 18005 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1810-AB59	Final or interim final rulemaking	85 FR 39479	07/01/2020

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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: 1

IC Title	Form No.	Form Name
CARES Act Programs; Equitable Services to Students and Teachers in Non-Public Schools

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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	1,900	0	0	1,900	0	0
Annual Time Burden (Hours)	76,393	0	0	76,393	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: This is a request for a new emergency collection. The burden increase is a program change due to the interim final regulations related to Section 18005(a) of the CARES Act that the Department is issuing. The total new burden to LEAs is an estimated 1,900 responses, 76,393 burden hours, and $2,685,120.

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Annual Cost to Federal Government: $0

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? Yes

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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: 07/01/2020

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