ESEA Fiscal Waiver Requests

ICR 202106-1810-005

OMB: 1810-0760

Federal Form Document

Forms and Documents
Document
Name
Status
Form
New
Supporting Statement A
2021-07-01
Supplementary Document
2021-07-01
Supplementary Document
2021-07-01
IC Document Collections
IC ID
Document
Title
Status
248035 New
ICR Details
1810-0760 202106-1810-005
Active
ED/OESE
ESEA Fiscal Waiver Requests
New collection (Request for a new OMB Control Number)   No
Emergency 07/01/2021
Approved with change 07/01/2021
Retrieve Notice of Action (NOA) 07/01/2021
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
01/31/2022 6 Months From Approved
53 0 0
53 0 0
0 0 0

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.
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.

US Code: 20 USC 7861 Name of Law: Elementary and Secondary Education Act of 1965, as amended
  
None

Not associated with rulemaking

No

1
IC Title Form No. Form Name
ESEA Fiscal Waiver Requests N/A N/A

  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
Yes
Miscellaneous Actions
No
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.

$2,981
No
    No
    No
No
No
No
No
Todd Stephenson 202 205-1645 [email protected]

  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.
07/01/2021


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