SUPPORTING STATEMENT FOR

**PAPERWORK REDUCTION ACT SUBMISSION**

# ESEA Title I, Part C, Education of Migratory Children 

## [State MEP Director Survey]{.underline}

**[Binational Migrant Education Program (BMEP)]{.underline}**

**[1810-0670 v. 2]{.underline}**

## 

## A. Justification

*Q1. 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.*

A1. The U.S. Department of Education (ED) and its Office of Migrant
Education (OME) is requesting clearance of a survey of State Directors
of Migrant Education regarding their States' participation in the
Binational Migrant Education Program (BMEP) to serve children who
migrate between the U.S. and Mexico.

The BMEP is an effort to support the coordination of activities among
U.S. States that participate in programs with Mexican States to improve
the continuity of educational and educationally-related support services
for migrant students who migrate between the two countries. The BMEP was
established and operates under the authority of a Memorandum of
Understanding \[attached\] between the Departments of Education in the
United States and Mexico. The activities of the BMEP are consistent with
the inter-state coordination requirements found in section 1304(a) & (c)
of the Elementary and Secondary Education Act (ESEA), as amended by No
Child Left Behind Act of 2001. The survey was developed and results will
be analyzed under a contract authorized under the inter-state
coordination authority found in section 1308(a) of ESEA, as amended.
\[attached\].

The requested information represents the minimum information needed to
determine the scope and level of State participation in the BMEP.

**Please note:** There is no duplication between data being collected on
*State MEP Director Survey* *(1810-0670 v. 2)* and the *Survey on Key
Demographics and Needs of Binational Migratory* Children *(1810-0685).*
This Survey, 1810-0670 v. 2, focuses on the [quality of services
provided by the binational program]{.underline} whereas Survey 1810-0685
focuses on the [educational performance of the binational
students]{.underline}. In addition, Survey 1810-0670 v. 2 is to collect
data on services received by all identified binational students whereas
Survey 1810-0685 is to collect information on a small, sample population
of identified binational students.

*Q2. 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.*

A2. The information will be used by ED and OME to: (1) examine the scope
and extent of participation of State Migrant Education Programs (MEP) in
the Binational Migrant Education Program (BMEP); (2) consider
improvements to the program; and (3) report summary findings to
policy-makers in the Administration as well as to State education
officials, Congress and the public.

*Q3. 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.*

A3. The State MEPs are to submit the requested information
electronically (i.e., by fax).

Q4. 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.

A4. The requested information is not in any other Federal data
collection, and is unique to this program and its grantees. The form is
a single document intended to serve the purpose of determining the types
and extent of States' participation in the BMEP.

*Q5. 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.*

A5. Small businesses and other small entities are not impacted by this
data collection.

*Q6. 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.*

A6. If this collection is not conducted, ED will be unable to assess the
types and extent of State MEPs' participation in the BMEP. Therefore, ED
will be unable to: (1) inform Administration officials, Congress, State
education personnel and other policy-makers (in both the U.S. and
Mexico) about the services actually provided to binational migrant
children through the Binational Initiative; and (2) determine whether
and what changes and improvements should be made to the program.

*Q7. Explain any special circumstance 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 that 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 that it
    has instituted procedures to protect the information\'s
    confidentiality to the extent permitted by law.*

A7. There are no special circumstances that require the collection to be
conducted in a manner inconsistent with the requirement of 5 CFR 1320.5.

*Q8. 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.*

*Consultation with representatives of those from whom information is to
be obtained or those who must compile records should occur at least once
every 3 years - even if the collection of information activity is the
same as in prior periods. There may be circumstances that may preclude
consultation in a specific situation. These circumstances should be
explained.*

A8. The document will be published in the Federal Register and available
for comment(s) from the State MEP Directors for a 60-day period.
Consultation has been conducted recently with several (fewer than ten)
State MEP Directors regarding the availability of data and the level of
burden associated with this collection.

*Q9. Explain any decision to provide any payment or gift to respondents,
other than remuneration of contractors or grantees*

A9. No gift or payment will be made to respondents.

Q10. Describe any assurance of confidentiality provided to respondents
and the basis for the assurance in statute, regulations, or agency
policy.

A10. No assurance of confidentiality is provided.

Q11. 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. This 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.

A11. There are no questions of a sensitive nature in this collection of
information.

*Q12. 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 be included in Item
    14.*

A12. Please see tables on following page.

  ------------- --------- ------------------------------ ----------------------
  **Estimated                                            
  Burden                                                 
  Hours**                                                

  This estimate                                          
  includes the                                           
  time that SEA                                          
  staff needs                                            
  in order to                                            
  complete the                                           
  survey.                                                

                                                         

  **Year**      **No. of  **Number of SEA Respondents**  **Total Hours**
                Hours**                                  

  .                                                      

  1             1         \(x\) 50                       = 50

                                                         

  2             1         \(x\) 50                       = 50

                                                         

  3             1         \(x\) 50                       = 50

                                                         

  **Total                                                
  Estimated                                              
  Burden Hours                                           
  for 3 Years:                                           
  = 150**                                                
  ------------- --------- ------------------------------ ----------------------

A12. Table 1

> A12. Table 2

+------+---+-------+--------------+------------+------------+---------+
| #### |   |       |              |            |            |         |
|  Est |   |       |              |            |            |         |
| imat |   |       |              |            |            |         |
| es o |   |       |              |            |            |         |
| f An |   |       |              |            |            |         |
| nual |   |       |              |            |            |         |
| ized |   |       |              |            |            |         |
|  Cos |   |       |              |            |            |         |
| t to |   |       |              |            |            |         |
|  Res |   |       |              |            |            |         |
| pond |   |       |              |            |            |         |
| ents |   |       |              |            |            |         |
+------+---+-------+--------------+------------+------------+---------+
|      |   |       |              |            |            |         |
+------+---+-------+--------------+------------+------------+---------+
| **Ye |   | **N   | **Respondent | **Number   | #### Cost  | *       |
| ar** |   | umber | Cost per     | of**       |            | *Note** |
|      |   | of    | Hour**       |            |            |         |
|      |   | Ho    |              | **SEAs/    |            |         |
|      |   | urs** |              | Sub        |            |         |
|      |   |       |              | missions** |            |         |
+------+---+-------+--------------+------------+------------+---------+
|      |   |       |              |            |            | Equ     |
|      |   |       |              |            |            | ivalent |
|      |   |       |              |            |            | to the  |
|      |   |       |              |            |            | pay of  |
|      |   |       |              |            |            | a       |
|      |   |       |              |            |            | GS-13/5 |
+------+---+-------+--------------+------------+------------+---------+
| 1    |   | 1 (x) | \$45.05 (x)  | 50         | =          |         |
|      |   |       |              |            | \$2,252.50 |         |
+------+---+-------+--------------+------------+------------+---------+
|      |   |       |              |            |            |         |
+------+---+-------+--------------+------------+------------+---------+
| 2    |   | 1 (x) | \$45.05 (x)  | 50         | =          |         |
|      |   |       |              |            | \$2,252.50 |         |
+------+---+-------+--------------+------------+------------+---------+
|      |   |       |              |            |            |         |
+------+---+-------+--------------+------------+------------+---------+
| 3    |   | 1 (x) | \$45.05 (x)  | 50         | =          |         |
|      |   |       |              |            | \$2,252.50 |         |
+------+---+-------+--------------+------------+------------+---------+
|      |   |       |              |            |            |         |
+------+---+-------+--------------+------------+------------+---------+
| **T  |   |       |              |            |            |         |
| otal |   |       |              |            |            |         |
| for  |   |       |              |            |            |         |
| 3    |   |       |              |            |            |         |
| Ye   |   |       |              |            |            |         |
| ars: |   |       |              |            |            |         |
| = \$ |   |       |              |            |            |         |
| 6,   |   |       |              |            |            |         |
| 757. |   |       |              |            |            |         |
| 50** |   |       |              |            |            |         |
+------+---+-------+--------------+------------+------------+---------+

Q13. 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.*

A13. Not applicable.

*Q14. 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.*

A14. Table 1

+--------------------------+-------+--------+---------+--------------+
| # Cos                    |       |        |         |              |
| ts for Contractor Person |       |        |         |              |
| nel (3 Year Time period) |       |        |         |              |
|                          |       |        |         |              |
| (Based on contractor's   |       |        |         |              |
| loaded cost rate of      |       |        |         |              |
| \$600 per day)           |       |        |         |              |
+--------------------------+-------+--------+---------+--------------+
| #                        |       |        |         |              |
+--------------------------+-------+--------+---------+--------------+
| **Purpose**              | **N   | **Cost | **      | *            |
|                          | umber | per    | Total** | *Frequency** |
|                          | of    | Day**  |         |              |
|                          | D     |        |         |              |
|                          | ays** |        |         |              |
+--------------------------+-------+--------+---------+--------------+
|                          |       |        |         |              |
+--------------------------+-------+--------+---------+--------------+
| -   Survey Development   | 5.5   | \$     | \$3     | One Time     |
|                          |       | 600.00 | ,300.00 |              |
+--------------------------+-------+--------+---------+--------------+
| -   Analyze Data         | 4     | \$     | \$2     | Annually     |
|                          |       | 600.00 | ,400.00 |              |
+--------------------------+-------+--------+---------+--------------+
| Preparation:             | 13    | \$     | \$7     | Annually     |
|                          |       | 600.00 | ,800.00 |              |
| -   Review               |       |        |         |              |
|                          |       |        |         |              |
| -   Final Reports        |       |        |         |              |
|                          |       |        |         |              |
| -   Presentation         |       |        |         |              |
|     Materials            |       |        |         |              |
+--------------------------+-------+--------+---------+--------------+
| **Annual Subtotal**      |       |        |         |              |
| (does not include the    |       |        |         |              |
| one-time Survey          |       |        |         |              |
| Development Cost)        |       |        |         |              |
| **\$10,200.00**          |       |        |         |              |
+--------------------------+-------+--------+---------+--------------+

+--------------------------+-------+--------+--------+---------------+
| # Cost for ED Staff      |       |        |        |               |
|                          |       |        |        |               |
| (Assuming Rate of GS     |       |        |        |               |
| 13/10 @ \$413.44 per     |       |        |        |               |
| day)                     |       |        |        |               |
+--------------------------+-------+--------+--------+---------------+
|                          |       |        |        |               |
+--------------------------+-------+--------+--------+---------------+
| > **Purpose**            | **N   | **Cost | **T    | **Frequency** |
|                          | umber | per    | otal** |               |
|                          | of    | Day**  |        |               |
|                          | D     |        |        |               |
|                          | ays** |        |        |               |
+--------------------------+-------+--------+--------+---------------+
| -   Review               | 3     | \$     | \$1,   | Annually      |
|                          |       | 413.44 | 240.32 |               |
| -   Comment              |       |        |        |               |
|                          |       |        |        |               |
| -   Edit Draft Materials |       |        |        |               |
+--------------------------+-------+--------+--------+---------------+

A14. Table 2

A14. Table 3

+--------------------------------------+---------------+---------------+
| ## Estimated Annualized Federal Cost |               |               |
|                                      |               |               |
| (Over 3 years of data collection     |               |               |
| authority)                           |               |               |
+--------------------------------------+---------------+---------------+
|                                      |               |               |
+--------------------------------------+---------------+---------------+
| \$3,300.00 (one time) **+**          | = \$14,740.32 | Year 1        |
| \$10,200.00 **+** \$1,240.32         |               |               |
+--------------------------------------+---------------+---------------+
|                                      |               |               |
+--------------------------------------+---------------+---------------+
| \$10,200.00 **+** \$1,240.32         | = \$11,440.32 | Year 2        |
+--------------------------------------+---------------+---------------+
|                                      |               |               |
+--------------------------------------+---------------+---------------+
| \$10,200.00 + \$1,240.32             | = \$11,440.32 | Year 3        |
+--------------------------------------+---------------+---------------+
|                                      |               |               |
+--------------------------------------+---------------+---------------+
| **\$14,740.32 +11,440.32 +           | **= \$        | **Total:      |
| \$11,440.32**                        | 37,620.96**   | Years 1-3**   |
+--------------------------------------+---------------+---------------+

*Q15. Explain the reasons for any program changes or adjustments
reported in Items 13 or 14 of the OMB Form 83-I.*

A15. OME has reduced the total number of burden hours from 52 to 50
because OME no longer issues grants in Puerto Rico and the District of
Columbia. In addition, the cost burden for ED staff has been reduced
from GS 14/10 to GS 13/10 because the person currently responsible for
this collection is not at the GS 14/10 level.

*Q16. 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.*

A16. The data will be summed and/or averaged across States, and national
and State-by-State results will be developed by an ED contractor and
shared with officials in the Administration, States, Congress and the
public through oral presentations and written materials provided by ED
staff. We estimate that the data would be collected annually in early
September, and analysis and summary materials would be developed and
released in October.

*Q17. If seeking approval to not display the expiration date for OMB
approval of the information collection, explain the reasons that display
would be inappropriate.*

A17. The expiration date will be displayed on the application package.

*Q18. Explain each exception to the certification statement identified
in Item 20, \"Certification for Paperwork Reduction Act Submissions,\"
of OMB Form 83-I.*

A18. There are no exceptions to the certifications.

## Collections of Information Employing Statistical Methods

This collection does not employ statistical methods.

### Relevant sections from ESEA State MEPs inter-state coordination responsibilities & ED's authority to contract to support interstate coordination in the MEP:

### ESEA SEC. 1304. STATE APPLICATIONS; SERVICES.

\(a\) APPLICATION REQUIRED-- Any State desiring to receive a grant under
this part for any fiscal year shall submit an application to the
Secretary at such time and in such manner as the Secretary may require.

> \(b\) PROGRAM INFORMATION- Each such application shall include---
>
> . . .
>
> \(3\) a description of how the State will use funds received under
> this part to promote interstate and intrastate coordination of
> services for migratory children, including how, consistent with
> procedures the Secretary may require, the State will provide for
> educational continuity through the timely transfer of pertinent school
> records, including information on health, when children move from one
> school to another, whether or not such move occurs during the regular
> school year;
>
> . . .
>
> \(c\) ASSURANCES- Each such application shall also include assurances,
> satisfactory to the Secretary, that---
>
> \(1\) funds received under this part will be used only---
>
> . . .
>
> \(B\) to coordinate such programs and projects with similar programs
> and projects within the State and in other States, as well as with
> other Federal programs that can benefit migratory children and their
> families;

### ESEA SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

> \(a\) IMPROVEMENT OF COORDINATION-
>
> \(1\) IN GENERAL- The Secretary, in consultation with the States, may
> make grants to, or enter into contracts with, State educational
> agencies, local educational agencies, institutions of higher
> education, and other public and private nonprofit entities to improve
> the interstate and intrastate coordination among such agencies\'
> educational programs, including the establishment or improvement of
> programs for credit accrual and exchange, available to migratory
> students.
>
> \(2\) DURATION- Grants under this subsection may be awarded for not
> more than 5 years.

###