Maintenance-of-Effort Requirements and Waiver Requests under the Elementary and Secondary School Emergency Relief (ESSER) Fund and the Governor’s Emergency Education Relief (GEER) Fund

ICR 202104-1810-004

OMB: 1810-0745

Federal Form Document

ICR Details
1810-0745 202104-1810-004
Active 202011-1810-001
ED/OESE
Maintenance-of-Effort Requirements and Waiver Requests under the Elementary and Secondary School Emergency Relief (ESSER) Fund and the Governor’s Emergency Education Relief (GEER) Fund
Revision of a currently approved collection   No
Emergency 04/19/2021
Approved with change 04/19/2021
Retrieve Notice of Action (NOA) 04/19/2021
OMB approves the Department's request for emergency clearance of this ICR to facilitate the release of guidance that States and Governors need to fully implement their GEER and ESSER programs. Given the Department's inability to seek public comment in advance, the Department requests a waiver from the requirement to publish notice in the Federal Register during the period of OMB review. Public comment will be solicited within a reasonable period, but not later than April 30, 2021, for approval to collect this information beyond the emergency clearance period.
  Inventory as of this Action Requested Previously Approved
10/31/2021 6 Months From Approved 03/31/2024
81 0 56
358 0 280
0 0 0

The Department is requesting an emergency approval for a revision of the OMB approved CARES Act Maintenance of Effort (MOE) collection under OMB control number 1810-0745. In recognition of the immense challenges facing students, educators, staff, schools, LEAs, and SEAs right now, Congress has made additional ESSER and GEER funds available to SEAs and LEAs to prevent, prepare for, and respond to COVID-19 through the CRRSA Act and, most recently and significantly, the ARP Act. It is critical that States and Governors receive clear guidance on the MOE requirements under the CRRSA Act and the ARP Act to inform their spending decisions and implementation plans for the GEER and ESSER programs as SEAs and LEAs prepare to help schools return safely to in-person instruction, maximize in-person instructional time, sustain the safe operation of schools, and address the academic, social, emotional, and mental health impacts of the COVID-19 pandemic. This guidance and the associated collection provide States and Governors clear guidance they need to fully implement their GEER and ESSER programs. States and Governors have delayed distributing and spending funds due to the absence of guidance on the process for requesting waivers of MOE. Additionally, the Department will not be able to properly monitor GEER and ESSER recipients or provide technical assistance without collecting the MOE data and, when requested by States, grant MOE waiver requests.
If this collection is not allowed to proceed, States and Governors will not have the clear guidance they need to fully implement their GEER and ESSER programs. States and Governors have delayed distributing and spending funds due to the absence of guidance on the process for requesting waivers of MOE. Additionally, the Department will not be able to properly monitor GEER and ESSER recipients or provide technical assistance without collecting the MOE data and, when requested by States, grant MOE waiver requests.

PL: Pub.L. 116 - 136 1808 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
   PL: Pub.L. 116 - 123 317 Name of Law: Coronavirus Response and Relief Supplemental Appropriations Act
   PL: Pub.L. 117 - 2 2004(a) Name of Law: American Rescue Plan Act of 2021 (ARP Act)
  
PL: Pub.L. 116 - 136 18008 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

Not associated with rulemaking

No

  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 81 56 25 0 0 0
Annual Time Burden (Hours) 358 280 78 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
This is a revision to an existing collection. The burden increase is a program change due to the enactment of a new statute, the ARP Act. The burden increase to States and Outlying Areas is estimated to be an additional 78 burden hours and 25 responses.

$464,964
No
    No
    No
No
No
No
Yes
Britt Jung 202 453-6043

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
04/19/2021


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