Title IX Notice of Proposed Rulemaking Requirements

Forms and Documents

Document Name	Status
2022-13734.pdf Supplementary Document	2022-07-12
2022.06.30 NPRM Supporting Statement Part A.docx Supporting Statement A	2022-07-12

IC Document Collections

IC ID	Document Title	Status
254594	Title IX NPRM Requirements Other-Requirements	New

ICR Details

OMB Control No:	ICR Reference No: 202207-1870-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: ED/OCR	Agency Tracking No: ED–2021–OCR–0166
Title: Title IX Notice of Proposed Rulemaking Requirements
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/12/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	24,600	0
Time Burden (Hours)	500,980	0
Cost Burden (Dollars)	0	0

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Abstract: The U.S. Department of Education (the Department) published a Notice of Proposed Rulemaking for the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (Title IX NPRM) to propose amendments to the Department’s implementing regulations for Title IX of the Education Amendments of 1972. The Department’s proposed regulations would require a recipient to maintain various documents regarding its Title IX activities for a period of at least seven years. These requirements are specified in proposed 34 CFR 106.8(f). Recipients impacted by the proposed regulations include local education agencies, institutes of higher education and other entities that receive Federal grant funds from the Department. The information collected would allow recipients and the Department to assess on a longitudinal basis whether a recipient is complying with the Department’s Title IX regulations when it is has information about sex discrimination, the prevalence of sex discrimination affecting access to a recipient’s education program or activity, and whether additional or different training is necessary for the recipient to fulfill its obligations under Title IX.

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Authorizing Statute(s): US Code: 20 USC 1682 Name of Law: Federal Administrative Enforcement
   US Code: 20 USC 1221e-3 Name of Law: General Authority of Secretary
   US Code: 20 USC 3474 Name of Law: Rules and Regulations
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1870-AA16	Proposed rulemaking	87 FR 41390	07/12/2022

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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
Title IX NPRM Requirements

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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	24,600	0	0	24,600	0	0
Annual Time Burden (Hours)	500,980	0	0	500,980	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 collection and the program change is due to modification of the collection of information under amendments to the Department’s Title IX regulations and it would result in an increase of burden to respondents. In total, modifications to recordkeeping systems would cost $42,546,322.76 in Year 1 and would have an ongoing burden of $34,737,562.06 per year. The program change would result in an increase in burden and responses of 500,980 hours and 24,600 responses.

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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? 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: 07/12/2022

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