Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2024.03.28 NFR Supporting Statement Part A.docx	Supporting Statement A	Uploaded 2024-05-07	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
234342	Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance	Other-Regulation	Modified
234265	Language for Regulations for Title IX (IHEs and Others)	Other-Regulation	Removed

ICR Details

OMB Control No: 1870-0505	ICR Reference No: 202405-1870-001
Status: Active	Previous ICR Reference No: 202306-1870-001
Agency/Subagency: ED/OCR	Agency Tracking No:
Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
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: 05/07/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/07/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	04/30/2027
Responses	24,747	0	119,860
Time Burden (Hours)	106,012	0	1,892,188
Cost Burden (Dollars)	0	0	0

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Abstract: The U.S. Department of Education (the Department) published a Notice of Final Rulemaking for the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (Title IX NFR) to finalize amendments to the Departments implementing regulations for Title IX of the Education Amendments of 1972. The Departments final 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 34 CFR 106.8(f). Recipients impacted by the proposed regulations include local educational agencies, institutes of higher education and other entities that receive Federal grant funds from the Department. The information collected will allow recipients and the Department to assess on a longitudinal basis whether a recipient is complying with the Departments Title IX regulations when it is has information about sex discrimination, the prevalence of sex discrimination affecting access to a recipients education program or activity, and whether additional or different training is necessary for the recipient to fulfill its obligations under Title IX. The rule relates to the 1870-0506 ICR, ICR Reference No: 202207-1870-001. The RIN # is 1870-AA16 which published 4/29/2024 (Vol 89 page 33474). Docket ID ED–2021–OCR–0166

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1870-AA16	Final or interim final rulemaking	89 FR 33474	04/29/2024

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 33474	04/29/2024
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
Language for Regulations for Title IX (IHEs and Others)
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

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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	24,747	119,860	0	-95,113	0	0
Annual Time Burden (Hours)	106,012	1,892,188	0	-1,786,176	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This is a revision of a currently approved information collection request. 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 a decrease of -95,113 responses and -1,786,176 burden from the previous ICR burden. In total, modifications to recordkeeping systems would cost $13,022,384.16 in Year 1 and would have an ongoing burden of $5,237,728.08 per year. The burden associated with these changes apply to State, Local and Tribal organizations and IHEs. The total responses and burden are 24,747 responses and 106,012 hours.

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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: 04/29/2024

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