ARP ESSER Rule Collection Activities

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
PRA Emergency Collection Memo - ARP ESSER IFR ICR.pdf	Supplementary Document	Uploaded 2021-04-20	Available
ARP ESSER Notice of Final Requirements_Final OMB FR revisions.docx	Supplementary Document	Uploaded 2021-04-20	Available
Supporting Statement Part A_ARP ESSER IFR ICR.docx	Supporting Statement A	Uploaded 2021-04-20	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
246915	ARP ESSER Rule Collection Activities	Other-Regulations	New

ICR Details

OMB Control No: 1810-0755	ICR Reference No: 202104-1810-006
Status: Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No:
Title: ARP ESSER Rule Collection Activities
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: 04/21/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/20/2021
	Date Received in OIRA: 04/20/2021
Terms of Clearance: OMB approves this information collection for a period of six months in order to facilitate the Department’s release of the ARP ESSER interim final requirements (RIN 1810-AB64) to the public by April 21, 2021, and to sooner provide the remaining ARP ESSER funds to States. The Department’s interim final rulemaking invites comments on the requirements and associated collection activities. The Department will review and consider any comments received during the 30-day comment period and, as appropriate, revise the collection activities.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	6 Months From Approved
Responses	80,104	0	0
Time Burden (Hours)	2,037,956	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This is a request for approval of a new emergency information collection by the Office of State and Grantee Relations (SGR) in the Office of Elementary and Secondary Education (OESE) at the U.S. Department of Education (ED) for the interim final requirements for the American Rescue Plan Elementary and Secondary School Emergency Relief (“ARP ESSER”) Fund, under section 2001 of the American Rescue Plan (“ARP”) Act of 2021, Public Law 117-2 (ARP). The interim final requirements create information collection requirements for SEAs and LEAs such as the requirement for an SEA to meaningfully consult with various stakeholder groups on its ARP ESSER plan and to give the public an opportunity to provide input on the development of the plan. The interim final requirements also require an LEA receiving ARP ESSER funds to develop and make publicly available a plan for the use of those funds; meaningfully consult with stakeholders and consider public input in developing its plan; and make its plan accessible, including to parents with limited English proficiency and individuals with disability. Finally, with respect to the LEA plan for the safe return to in-person instruction and continuity of services required under section 2001(i) of the ARP Act, this action specifies what the plan must address; requires periodic review and, when needed, revision of the plan, with consideration of public input in each case, to ensure it meets statutory and regulatory requirements and remains relevant to the needs of schools; and requires that the plan be accessible, including to parents with limited English proficiency and individuals with disabilities.

Emergency Justfication: If this emergency collection is not approved, the Department will not be able to carry out its oversight responsibilities of the $122 billion while also ensuring that SEAs receive the resources they need to immediately address COVID-19-related needs, such as returning students and educators to in-person instruction and addressing the impact of interrupted education on all students and particularly those disproportionately impacted by the pandemic.

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Authorizing Statute(s): PL: Pub.L. 117 - 2 2001 Name of Law: American Rescue Plan (ARP) Act
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 2 2001 Name of Law: American Rescue Plan (ARP) Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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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

table that charts list of burden

IC Title	Form No.	Form Name
ARP ESSER Rule Collection Activities

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ICR Summary of Burden

table that charts list 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	80,104	0	0	80,104	0	0
Annual Time Burden (Hours)	2,037,956	0	0	2,037,956	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 new emergency collection. The burden increase is a program change due to the enactment of a new statute, the ARP Act. The total new burden to SEAs and LEAs is estimated to be 2,037,956 burden hours.

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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: 04/20/2021

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