ESEA Fiscal Waiver Requests

Forms and Documents

Document Name	Status
ESEA Fiscal Waiver Requests Form	New
supporting statement part a fiscal waivers_1810-new.docx Supporting Statement A	2021-07-01
pra burden statement fiscal waivers.docx Supplementary Document	2021-07-01
pra emergency request fiscal waivers_signed_1810-new.pdf Supplementary Document	2021-07-01

IC Document Collections

IC ID	Document Title	Status
248035	ESEA Fiscal Waiver Requests Form	New

ICR Details

OMB Control No: 1810-0760	ICR Reference No: 202106-1810-005
Status: Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No:
Title: ESEA Fiscal Waiver Requests
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: 07/01/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/01/2021
	Date Received in OIRA: 07/01/2021
Terms of Clearance: OMB approves this emergency information collection request (ICR) for a period of six months. Given the inability to seek public comment in advance of OMB approval, as part of the emergency notice in the Federal Register, the Department will simultaneously solicit 60-days of public comment for the regular information collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2022	6 Months From Approved
Responses	53	0	0
Time Burden (Hours)	53	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Due to the continued extraordinary circumstances created by the COVID-19 pandemic and unprecedented obstacles students, educators, and schools are facing during the 2020-2021 school year, the U.S. Department of Education (the Department) is offering each State educational agency (SEA) the opportunity to request waivers that will afford additional fiscal flexibility for certain funds received under the Elementary and Secondary Education Act of 1965 (ESEA), pursuant to the Department's authority under section 8401 of the ESEA. Specifically, the Department is offering a waiver for an SEA to be able to approve a local educational agency (LEA) to carry over more than 15 percent of its fiscal year (FY) 2020 Title I, Part A funds (i.e., the Title I, Part A funds that will become carryover funds on October 1, 2021), even if the LEA has received a waiver from its SEA to exceed this limitation for its FY 2018 or FY 2019 Title I, Part A funds. Second, we are also offering flexibility to each SEA to be able to extend for itself and its subgrantees the period of availability of FY 2019 funds for programs included in the State’s consolidated State plan to allow additional time to obligate those funds.

Emergency Justfication: As the end of the current school year approaches and districts and schools continue to plan for the 2021-2022 school year, knowing whether their SEA is granted the invited waivers is essential to informing their planning because it provides more certainty about the availability of Federal funds for ESEA programs. Providing a streamlined process for SEA waiver requests will speed the process for both the SEA and the Department and help ensure State and local staff are able to maintain focus on the pressing needs of students. Any additional delay will have a negative impact on schools and students. In order to reduce the burden on States, the Department has created an optional template for States to collect the information required under ESEA section 8401 to request waivers of certain fiscal requirements. The optional template requests only information that is required under ESEA section 8401. Given the short timeframe, the Department is unable to consult with the public prior to issuing the optional template, however the Department has ample experience designing other similar forms in a way that is clear and minimizes burden.

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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

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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

IC Title	Form No.	Form Name
ESEA Fiscal Waiver Requests	N/A	N/A

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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)	53	0	0	53	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 53 burden hours and cost $7,950 to the public. This emergency request is being made to offer States an optional template to request waivers under section 8401 of the ESEA for fiscal flexibility for certain funds received under the Elementary and Secondary Education Act of 1965 (ESEA). The Department recognizes that without these fiscal waivers it may not be possible to obligate these funds on a timely and responsible basis due to several factors. The extraordinary and unpredictable circumstances created by the COVID-19 pandemic and unprecedented obstacles students, educators, and schools are facing during the 2020-2021 school year has delayed certain expenditures under ESEA programs.

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Annual Cost to Federal Government: $2,981

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? No

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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: 07/01/2021

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