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
1810-0745_MOE Appendices_redline.docx Supplementary Document	2022-07-11
OMB 83 C Form_MOE_1810-0745.pdf Justification for No Material/Nonsubstantive Change	2022-07-11
Copy of 1810-0745_CARES CRRSA ARP MOE Appendix B Template.xlsx Supplementary Document	2022-07-11
SSA - 1810-0745 MOE - Emergency extension_30-day (002).docx Supporting Statement A	2021-07-15

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: 202207-1810-003
Status: Received in OIRA	Previous ICR Reference No: 202107-1810-008
Agency/Subagency: ED/OESE	Agency Tracking No: ED-2021-SCC-0072
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: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/11/2022

	Requested	Previously Approved
Expiration Date	09/30/2024	09/30/2024
Responses	81	81
Time Burden (Hours)	358	358
Cost Burden (Dollars)	0	0

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Abstract: States are statutorily required by the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA Act), and the American Rescue Plan Act (ARP Act), to demonstrate they have maintained effort for education in fiscal years 2022 and 2023 by comparing the percentage of total State spending used to support K-12 and higher education in FY 2022 and FY 2023, to the baseline percentage. This requirement is outlined in the table on page 4 of the approved FAQ document. Due to an oversight, Appendices B and C were developed to reflect the comparison required under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which does not involve a percentage calculation. Thus, the appendices failed to reflect the required calculation under the CRRSA and ARP Acts. We are requesting a change to both Appendix B and C to provide clarity and ensure accuracy by adding a column for states to show the percentages they are already required to calculate to comply with the statute. This request does not add burden to states given that the requirement is already set by statute. See the redline changes in the first attachment.

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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)

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 25846	05/11/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 37071	07/19/2021
Did the Agency receive public comments on this ICR? Yes

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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

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ICR Summary of Burden

	Total Request	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	81	0	0	0	0
Annual Time Burden (Hours)	358	358	0	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:

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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

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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: 07/11/2022

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