SUPPORTING STATEMENT

FOR PAPERWORK REDUCTION ACT SUBMISSION

**A. Justification**

1.  **Explain the circumstances that make the collection of information
    necessary. Identify any legal or administrative requirements that
    necessitate the collection. Attach a copy of the appropriate section
    of each statute and regulation mandating or authorizing the
    collection of information.**

The Magnet Schools Assistance Program (MSAP) makes grants to local
educational agencies (LEAs) to establish and operate magnet schools
projects that are part of approved desegregation plans and that are
designed to bring together students from different social, economic,
ethnic, and racial backgrounds. The collection of information is
necessary for LEAs to apply for and receive grants under the MSAP in a
manner consistent with Title V of the Elementary and Secondary Education
Act (ESEA).

The program is authorized under Title V of the ESEA, as amended by the
No Child Left Behind (NCLB) Act. Section 5305(b)(1) of the Act describes
information that must, by statute, be included in the application and
§5306 describes the priorities that the Secretary shall use in approving
applications. Sections 5305 and 5306 are attached.

Sections 280.20, 280.30, 280.31, and 280.32 of the MSAP regulations,
which describe the information needed in an application, are attached.
Sections 280.30 is being amended to provide ED with the flexibility to
use selection criteria from 34 CFR 75.209 and 75.210. Along with this,
section and 280.31 is being revised to eliminate references to the
specific maximum number of points that would be assigned to each
selection criterion used in a grant competition.

2.  **Indicate how, by whom, and for what purpose the information is to
    be used. Except for a new collection, indicate the actual use the
    agency has made of the information received from the current
    collection.**

The information is collected in the form of grant applications submitted
by local educational agencies. The Department of Education (ED) uses the
information in the applications to competitively evaluate those grant
applications and select grant recipients. For applications that are
approved for awards, the application information also serves as a basis
for monitoring project performance, based on the project design,
objectives, evaluation plans and other information described in the
grant application.

3.  **Describe whether, and to what extent, the collection of
    information involves the use of automated, electronic, mechanical,
    or other technological collection techniques or forms of information
    technology, e.g. permitting electronic submission of responses, and
    the basis for the decision of adopting this means of collection.
    Also describe any consideration of using information technology to
    reduce burden.**

Applicants will be required to transmit their applications
electronically using the APPLY module of Grants.gov, a government-wide
web portal accepting electronic application submissions for federal
grant-making agencies at <http://grants.gov/Apply>.

Second, through the posting of FAQs and other technical assistance
information on the program webpage, applicants will have access to
prompt, reliable and consistent technical assistance related to the
application package. Use of this approach helps to ensure that
applicants will receive consistent information and will not need to wait
for a telephone call to be returned or an e-mail inquiry to be answered.

4.  **Describe efforts to identify duplication. Show specifically why
    any similar information already available cannot be used or modified
    for use of the purposes described in Item 2 above.**

> This information collection does not duplicate any other information
> collection effort. The information collection is relevant only to
> grant applications under the MSAP. For the most part, there is no
> similar information available in other forms or as the result of other
> information collections.

One exception to this is base year enrollment data for existing magnet
schools. For such schools (currently estimated at about 10 percent of
the schools for which applicants seek funding), §280.20(f)(4) requires
both school and district-level enrollment data for the year prior to
implementation of the magnet school. Since this data is available
through the National Center for Education Statistics, Table #2 in the
application package has been devised to enable applicants to identify
existing magnet schools and the school year in which they began
implementation of a magnet program. By doing so, it relieves the
applicant of providing this particular data and enables program staff to
locate the data from existing sources.

5.  **If the collection of information impacts small businesses or other
    small entities (Item 5 of OMB Form 83-I), describe any methods used
    to minimize burden.**

The program does not impact small businesses or other small entities.

6.  **Describe the consequences to Federal program or policy activities
    if the collection is not conducted or is conducted less frequently,
    as well as any technical or legal obstacles to reducing burden.**

Without the data collection, ED could not solicit grant applications,
conduct grant competitions or make grant awards. In short, the Magnet
Schools Assistance Program could not be implemented.

> Since the statute authorizes three-year grant periods, all projects
> operate essentially on the same schedule in terms of the fiscal year
> in which projects begin and end. As a result, the data collection is
> conducted as infrequently as possible---that is, once every three
> years, rather than on a plan that would have smaller cohorts of award
> recipients every year.

7\. **Explain any special circumstances that would cause an information
collection to be conducted in a manner:**

-   **requiring respondents to report information to the agency more
    often than quarterly;**

-   **requiring respondents to prepare a written response to a
    collection of information in fewer than 30 days after receipt of
    it;**

-   **requiring respondents to submit more than an original and two
    copies of any document;**

-   **requiring respondents to retain records, other than health,
    medical, government contract, grant-in-aid, or tax records for more
    than three years;**

-   **in connection with a statistical survey, that is not designed to
    produce valid and reliable results than can be generalized to the
    universe of study;**

-   **requiring the use of a statistical data classification that has
    not been reviewed and approved by OMB;**

-   **that includes a pledge of confidentiality that is not supported by
    authority established in statute or regulation, that is not
    supported by disclosure and data security policies that are
    consistent with the pledge, or which unnecessarily impedes sharing
    of data with other agencies for compatible confidential use; or**

-   **requiring respondents to submit proprietary trade secrets, or
    other confidential information unless the agency can demonstrate tht
    it has instituted procedures to protect the information's
    confidentiality to the extent permitted by law.**

> There are no circumstances that require this information collection to
> be conducted in a manner inconsistent with any of the conditions
> outlined under A.7 of the special instructions for the justification.

8.  **If applicable, provide a copy and identify the date and page
    number of publication in the Federal Register of the agency's
    notice, required by 5 CFR 1320.8(d), soliciting comments on the
    information collection prior to submission to OMB. Summarize public
    comments received in response to that notice and describe actions
    taken by the agency in response to these comments. Specifically
    address comments received on cost and hour burden.**

**Describe efforts to consult with persons outside the agency to obtain
their views on the availability of data, frequency of collection, the
clarity of instruction and record keeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or
reported.**

> Informal discussions with past applicants have occurred on an ongoing
> basis since the time of the most recent data collection using the MSAP
> application package for the FY 2004 MSAP grant competition through
> individual meetings with school district representatives and through
> meetings with organizations that have a particular interest in the
> program, most notably Magnet Schools of America.
>
> Based on this feedback as well as program staff analysis regarding
> application errors and data omissions, we believe that changes
> instituted in conjunction with the previous OMB clearance submission
> for the MSAP application package have worked well to remedy problems
> of insufficient guidance and lack of clarity regarding certain data
> requirements associated with the application in Tables 1-6.
> Consequently, no further revisions to these data collection
> instruments are needed at this time.
>
> As indicated in public comment regarding the NPRM for the MSAP
> published in the Federal Register on August 22, 2006 several
> commenters were particularly concerned about having sufficient time to
> address any changes to the selection criteria that the Department
> might institute. In fact, the changes to the selection criteria
> included in the draft closing date notice included in the application
> package will be very limited. Nonetheless, we plan to provide ample
> time for the preparation of applications, well in excess of the 30-day
> minimum that would constitute a special circumstance under Item #7
> above.

9.  **Explain any decision to provide any payment or gift to
    respondents, other than remuneration of contractors or grantees.**

No payments or gifts to respondents have been made and none are planned
or contemplated.

10. **Describe any assurance of confidentiality provided to respondents
    and the basis for the assurance in statute, regulation, or agency
    policy.**

There are no assurances of confidentiality.

11. **Provide additional justification for any questions of a sensitive
    nature, such as sexual behavior and attitudes, religious beliefs,
    and other matters that are commonly considered private. The
    justification should include the reasons why the agency considers
    the questions necessary, the specific uses to be made of the
    information, the explanation to be given to persons from whom the
    information is requested, and any steps to be taken to obtain their
    consent.**

The data collection includes no questions of a sensitive nature.

**12. Provide estimates of the hour burden of the collection of
information. The statement should :**

-   **Indicate the number of respondents, frequency of response, annual
    hour burden, and an explanation of how the burden was estimated.
    Unless directed to do so, agencies should not conduct special
    surveys to obtain information on which to base hour burden
    estimates. Consultation with a sample (fewer than 10) of potential
    respondents is desirable. If the hour burden on respondents is
    expected to vary widely because of differences in activity, size, or
    complexity, show the range of estimated hour burden, and explain the
    reasons for the variance. Generally, estimates should not include
    burden hours for customary and usual business practices.**

-   **If this request for approval covers more than one form, provide
    separate hour burden estimates for each form and aggregate the hour
    burdens in item 13 of OMB Form 83-I.**

-   **Provide estimates of annualized cost to respondents of the hour
    burdens for collections of information, identifying and using
    appropriate wage rate categories. The cost of contracting out or
    paying outside parties for information collection activities should
    not be included here. Instead, this cost should not be included in
    Item 14.**

> a\. [Burden hours for respondents]{.underline}

The anticipated number of respondents is 150. The average burden per
response is estimated at 40 hours and the number of responses per
applicant remains one. The data collection occurs once every three
years. The burden, based on 150 responses to the MSAP application
package that occurs at an average burden of approximately 40
hours/response, is 6,000 hours, occurring once every three years.

b.  [Cost to Respondents]{.underline}

Because respondents will now submit applications electronically using
the Grants.gov APPLY module, costs to respondents are limited to the
costs of preparation of the application. Based on the estimate that 150
applications will be submitted, costs to respondents are estimated to be
the following:

150 apps x 40 hours/application x \$30/hour = \$180,000

**13. Provide an estimate of the total annual cost burden to respondents
or record keepers resulting from the collection of information. (Do not
include the cost of any hour burden shown in Items 12 and 14.)**

-   **The cost estimate should be split into two components: (a) a total
    capital and start-up cost component (annualized over its expected
    useful life); and (b) a total operation and maintenance and purchase
    of services component. The estimates should take into account costs
    associated with generating, maintaining, and disclosing or providing
    the information. Include descriptions of methods used to estimate
    major cost factors including system and technology acquisition,
    expected useful life of capital equipment, the discount rate(s), and
    the time period over which costs will be incurred. Capital and
    start-up costs include, among other items, preparations for
    collecting information such as purchasing computers and software;
    monitoring, sampling, drilling and testing equipment; and record
    storage facilities.**

-   **If cost estimates are expected to vary widely, agencies should
    present ranges of cost burdens and explain the reasons for the
    variance. The cost of contracting out information collection
    services should be a part of this cost burden estimate. In
    developing cost burden estimates, agencies may consult with a sample
    of respondents (fewer than 10), utilize the 60-day pre-OMB
    submission public comment process and use existing economic or
    regulatory impact analysis associated with the rulemaking containing
    the information collection, as appropriate.**

-   **Generally, estimates should not include purchases of equipment or
    services, or portions thereof, made: (1) prior to October 1,
    1995, (2) to achieve regulatory compliance with requirements not
    associated with the information collection, (3) for reasons other
    than to provide information or keep records for the government,
    or (4) as part of customary and usual business or private
    practices.**

**Total Annualized Capital/Startup Cost :      **

**Total Annual Costs (O&M) :      **

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Total Annualized Costs Requested :**

There are no costs that meet the criteria for inclusion under this item.

**14. Provide estimates of annualized cost to the Federal government.
Also, provide a description of the method used to estimate cost, which
should include quantification of hours, operational expenses (such as
equipment, overhead, printing, and support staff), and any other expense
that would not have been incurred without this collection of
information. Agencies also may aggregate cost estimates from Items 12,
13, and 14 in a single table.**

> Updating application/preparing clearance package (20 hrs x \$35/hr) =
> \$ 700
>
> Mailing of grant applications to reviewers (150 x 3 x \$5.00) = \$
> 2,250
>
> Reviewer honoria (45 reviewers x \$600/reviewer) = \$27,000
>
> Staff time for review (6 staff x 60 hours/staff x \$35/hr) =
> [\$12,600]{.underline}
>
> Estimated total cost to the Federal government = \$42,550

**15. Explain the reasons for any program changes or adjustments
reported in Items 13 or 14 of the OMB Form 83-I.**

> There are no program changes or adjustments reported in Item #13 or
> Item #14 of the OMB Form 83-I.

**16. For collections of information whose results will be published,
outline plans for tabulation and publication. Address any complex
analytical techniques that will be used. Provide the time schedule for
the entire project, including beginning and ending dates of the
collection of information, completion of report, publication dates, and
other actions.**

There are no plans for publication of the information.

**17. If seeking approval to not display the expiration date for OMB
approval of the information collection, explain the reasons that display
would be inappropriate.**

There are no plans to not display the expiration date of the OMB
approval of the data collection.

**18. Explain each exception to the certification statement identified
in Item 20, "Certification for Paperwork Reduction Act Submissions," of
OMB Form 83-I.**

There are no exceptions to the certification statement.

B.  **Collection of Information Employing Statistical Methods**

This data collection does not employ statistical methods.

The agency should be prepared to justify its decision not to use
statistical methods in any case where such methods might reduce burden
or improve accuracy of results. When Item 17 on Form 83-I is checked
"Yes," the following documentation should be included in the Supporting
Statement to the extent that it applies to the methods proposed:

Item #17 on the Form 83-I is checked "No."

1.  **Describe the potential respondent universe (including a numerical
    estimate) and any sampling or other respondent selection method to
    be used. Data on the number of entities (e.g., establishments, state
    and local government units, households, or persons) in the universe
    covered by the collection and in the corresponding sample are to be
    provided in tabular form for the universe as a whole and for each of
    the strata in the proposed sample. Indicate expected response rates
    for the proposed sample. Indicate expected response rates for the
    collection as a whole. If the collection had been conducted
    previously, include the actual response rate achieved during the
    last collection.**

2.  **Describe the procedures for the collection of information,
    including:**

-   **Statistical methodology for stratification and sample selection.**

-   **Estimation procedure.**

-   **Degree of accuracy needed for the purpose described in the
    justification.**

-   **Unusual problems requiring specialized sampling procedures, and**

-   **Any use of periodic (less frequent than annual) data collection
    cycles to reduce burden.**

1.  **Describe methods to maximize response and to deal with issues of
    non-response. The accuracy and reliability of information collected
    must be shown to be adequate for intended uses. For collections
    based on sampling, a special justification must be provided for any
    collection that will not yield "reliable" data that can be
    generalized to the universe studied.**

2.  **Describe any tests of procedures or methods to be undertaken.
    Testing is encouraged as an effective means of refining collections
    of information to minimize burden and improve utility. Tests must be
    approved if they call for answers to identical questions from 10 or
    more respondents. A proposed test or set of tests may be submitted
    for approval separately or in combination with the main collection
    of information.**

3.  **Provide the name and telephone number of individuals consulted on
    statistical aspects of the design and the name of the agency unit,
    contractor(s), grantee(s), or other persons who will actually
    collect and/or analyze the information for the agency.**