Emergency Memo

UNITED STATES DEPARTMENT OF EDUCATION

September 11, 2020
MEMORANDUM
TO:

Lindsay Abate
Office of Management and Budget Desk Officer

FROM:

Ruth E. Ryder
Deputy Assistant Secretary

RE:

Emergency request for Paperwork Reduction Act (PRA) approval

Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR
1320, ED requests that clearance of a data collection under the Student Support and
Academic Enrichment (Title IV, Part A) program be processed in accordance with section
1320.13 Emergency Processing. The U.S. Department of Education (ED) has determined
that this information must be collected as close to the beginning of school year 2020-2021
as possible to provide flexibility to State educational agencies (SEAs) to help them address
the unprecedented obstacles posed by the novel Coronavirus disease 2019 (COVID-19)
that schools, teachers, students, and their families are facing as the 2020-2021 school year
begins.
ED intends to invite SEAs to request a waiver, for the 2020-2021 school year, of one or
more of the following requirements in Title IV, Part A:




Section 4106(d) of Title IV, Part A of the ESEA, related to LEA needs
assessments.
Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA, with respect to
content-area spending requirements for Title IV, Part A funds.
Section 4109(b) of Title IV, Part A of the ESEA, with respect to the fifteen percent
spending limitation for technology infrastructure for Title IV, Part A funds.

All other requirements in Title IV, Part A of the ESEA continue to apply.
This information collection provides a template to simplify the process for an SEA wishing
to pursue a waiver of these requirements. ED is requesting an emergency clearance
because schools are now opening, and the flexibility provided through these waivers will
enable SEAs and subgrantees to better meet the needs of students.

400 MARYLAND AVE. SW, WASHINGTON, DC 20202
www.ed.gov
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.

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If this collection is not approved ED will be unable to waive some of the Title IV, Part A
requirements, 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 adequately complete the
necessary statutory requirements in section 8401 of the ESEA.
Given the short timeframe, ED is unable to consult with the public prior to issuing the
forms. This information collection is voluntary; an SEA need not use ED’s template and
need not request a waiver of any of these requirements. Additionally, an SEA is required to
provide LEAs and the public an opportunity to comment on the waiver before submitting
the document to ED. We estimate that the template will take on average 3 hours to
complete.
ED requests approval of the submission by September 30, 2020. Given the inability to seek
public comment during such a short timeframe, ED requests a waiver from the requirement
to publish a notice in the Federal Register seeking public comment during the period of
OMB review.

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