Application for the Educational Flexibility (Ed-Flex) Program

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Application for the Educational Flexibility (Ed-Flex) Program	Form and Instruction	Modified	Available
Application for the Educational Flexibility (Ed-Flex) Program	Form and Instruction	Modified	Available
Application for the Educational Flexibility (Ed-Flex) Program	Form and Instruction	Modified	Repair queued
2023 1810-0737 - Supporting_Statement_Part_A_Ed-Flex_1-2.docx	Supporting Statement A	Uploaded 2024-01-02	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
230899	Application for the Educational Flexibility (Ed-Flex) Program	Form and Instruction	Modified	NA
230899	Application for the Educational Flexibility (Ed-Flex) Program	Form and Instruction	Modified	NA
230899	Application for the Educational Flexibility (Ed-Flex) Program	Form and Instruction	Modified

ICR Details

OMB Control No: 1810-0737	ICR Reference No: 202310-1810-003
Status: Active	Previous ICR Reference No: 202107-1810-007
Agency/Subagency: ED/OESE	Agency Tracking No: ED-2023-SCC-0184
Title: Application for the Educational Flexibility (Ed-Flex) Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/25/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/08/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2027	36 Months From Approved	11/30/2024
Responses	32	0	40
Time Burden (Hours)	620	0	1,600
Cost Burden (Dollars)	0	0	0

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Abstract: This is a request for a revision to the Educational Flexibility program application to include the annual reporting template. The Educational Flexibility (Ed-Flex) program is authorized under the Education Flexibility Partnership Act of 1999 and was reauthorized by section 9207 of the Every Student Succeeds Act (ESSA). The Ed-Flex program allows the Secretary to authorize a State educational agency (SEA) that serves an eligible State to waive statutory or regulatory requirements applicable to one or more the included programs for any local educational agency (LEAs), educational service agency, or school within the State. Section 4(a)(3) of the Education Flexibility Partnership Act of 1999 requires each SEA desiring to participate in the education flexibility program to submit an application detailing that SEAs education flexibility plan. Section 4(a)(5)(B) requires each SEA that is authorized to become an Ed-Flex Partnership State to submit an annual report on the results of its oversight and the impact of the waivers on school and student performance. Previously, the annual reporting requirement instructions and burden hours were included as part of the application. In order to standardize reporting, we have created an annual reporting template and are increasing the burden hours related to the annual reporting based on feedback from the field. However, overall, there is a decrease in burden due to a change in the estimated number of responses based on past experience with the program.

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Authorizing Statute(s): PL: Pub.L. 114 - 95 9207 Name of Law: Every Student Succeeds Act
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 74158	10/30/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 775	01/05/2024
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
Application for the Educational Flexibility (Ed-Flex) Program	NA, NA	NA ,   NA

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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	32	40	0	22	-30	0
Annual Time Burden (Hours)	620	1,600	0	220	-1,200	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: We estimate that the number of Ed-Flex applications will be significantly lower than the prior information collection request after reviewing SEA interest from prior years. This results in a decrease in burden due to fewer potential responses (10 rather that 40) yielding 400 hours instead of 1,600 hours. While the annual reporting requirement was previously included as part of the application, the addition of the required reporting template adds 220 burden hours. The result is a decrease of 30 responses and 1200 hours due an adjustment in agency estimates. In addition, there is an increase of 32 responses and 220 hours due to a program change. This net adjustment to the burden results in a reduction of 8 responses and 980 hours.

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Annual Cost to Federal Government: $1,750

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: 01/08/2024

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