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

Forms and Documents

Document Name	Status
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 Form and Instruction	Modified
Draft CARES CRRSA MOE Appendix B Tempate.xlsx Supplementary Document	2021-04-16
PRA Emergency Collection Memo - 1810-0745 - Emergency Revision MOE.pdf Supplementary Document	2021-04-19
SSA - 1810-0745 MOE - Emergency Revision.docx Supporting Statement A	2021-04-19

IC Document Collections

IC ID	Document Title	Status
242938	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 Form and Instruction	Modified

ICR Details

OMB Control No: 1810-0745	ICR Reference No: 202104-1810-004
Status: Active	Previous ICR Reference No: 202011-1810-001
Agency/Subagency: ED/OESE	Agency Tracking No:
Title: 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
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/19/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/19/2021
	Date Received in OIRA: 04/19/2021
Terms of Clearance: 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
Expiration Date	10/31/2021	6 Months From Approved	03/31/2024
Responses	81	0	56
Time Burden (Hours)	358	0	280
Cost Burden (Dollars)	0	0	0

---

Abstract: 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.

Emergency Justfication: 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.

---

Authorizing Statute(s): 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)
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 136 18008 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

---

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
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	N/A	N/A

---

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	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

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

---

Annual Cost to Federal Government: $464,964

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: 04/19/2021

---