21st CCLC 4201(b)(1) Waiver Request

Forms and Documents

Document Name	Status
21st CCLC out of school waiver letter.docx Supplementary Document	2020-08-24
EmergencyCollectionMemo_21stCCLC.docx Supplementary Document	2020-08-24
SSA_1810-new_21stCCLCwaiver.docx Supporting Statement A	2020-08-26

IC Document Collections

IC ID	Document Title	Status
243290	21st CCLC 4201(b)(1)(A) Waiver Request Other-Waiver Template	New

ICR Details

OMB Control No: 1810-0746	ICR Reference No: 202008-1810-002
Status: Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No:
Title: 21st CCLC 4201(b)(1) Waiver Request
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: 09/04/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/27/2020
	Date Received in OIRA: 08/26/2020
Terms of Clearance: OMB approves the Department's request for emergency clearance of this ICR to enable SEAs to request a waiver of section 4201(b)(1)(A) in light of the COVID-19 pandemic. Given ED's inability to seek public comment in advance of OMB approval, ED will include 60-day public comment language for the regular collection within the emergency notice. This will allow the public the full comment period for the regular collection as required by 5 CFR 1320.8(d).

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	6 Months From Approved
Responses	53	0	0
Time Burden (Hours)	159	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The Nita M. Lowey 21st Century Community Learning Centers (21st CCLC) grant program intends to offer a waiver available to State education agencies (SEAs) based on section 8401 [20 U.S.C.7861] of the Elementary and Secondary Education Act, as reauthorized by the Every Student Succeeds Act (ESSA) in 2015 to allow SEAs to waive the definition of Community Learning Center(s) for implementation of services during “nonschool hours or periods when school is not in session (such as before and after school or during summer recess)” per section 4201 (b)(1)(A) [20 U.S.C. 7171] for 21st CCLC programs in school year 2020-2021. The purpose for this new collection is to collect waiver requests from each State wishing to take advantage of the waiver.

Emergency Justfication: This information collection will allow SEAs to request a waiver of section 4201(b)(1)(A). ED is requesting an emergency clearance because schools are already opening or will be opening very soon, and the flexibility offered through a waiver will enable SEAs and subgrantees to better meet the needs of students through more nimble 21st CCLC programs. If this collection is not allowed to proceed, ED will be unable to collect waiver requests, resulting in delays in providing support for SEAs, LEAs, and schools. It has been our experience that often an SEA seeking a waiver does not complete the necessary statutory requirements in section 8401 of the ESEA.

---

Authorizing Statute(s): US Code: 20 USC 7861 Name of Law: Elementary and Secondary Education Act of 1965, as amended
  

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

Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
21st CCLC 4201(b)(1)(A) Waiver Request

---

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	53	0	0	53	0	0
Annual Time Burden (Hours)	159	0	0	159	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 an emergency information collection request that will result in a total burden of 159 burden hours and a cost $7,950 to the public. This emergency request is being made in order to offer states the ability to request waivers under section 8401 of the ESEA due the difficulty states will have providing for varied school schedules necessary for school year 2020-2021 without requirements under section 4201 (b)(1)(A) of the ESEA being waived necessitated by the extraordinary circumstances created by the novel coronavirus.

---

Annual Cost to Federal Government: $5,963

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

---

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: 08/26/2020

---