SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT SUBMISSION OF ADDITIONS
TO REGULATIONS FOR TITLE I, PART A, GRANTS TO LOCAL EDUCATIONAL AGENCIES

## **A. Justification**

### 

*Q1. Explain the circumstances that make the collection of information
necessary. Identify any legal or administrative requirements that
necessitate the collection. Attached is a copy of the appropriate
section of each statute and regulation mandating or authorizing the
collection of information.*

A1.

The Secretary has amended the regulations governing programs
administered under Title I, Part A (Title I) of the Elementary and
Secondary Education Act of 1965 (ESEA), as amended by the No Child Left
Behind Act of 2001 (NCLB). The amended regulations are needed to clarify
and strengthen the existing regulations in the areas of accountability
and assessment.

The U.S. Department of Education (ED) has determined that the amended
regulations include activities covered by the Paperwork Reduction Act
(PRA). ED is revising the State Educational Agency Local Educational
Agency, and School Data Collection and Reporting under ESEA, Title I,
Part A (OMB Number 1810-0581) collection by adding burden estimates to
SEAs and/or LEAs for the following amended regulations:

-   §200.11(c);

-   §200.19(b)(1);

-   §200.19(b)(1)(ii)(B)(1);

-   §200.37(b)(5)(ii)(C);

-   §200.39(c)(1);

-   §200.39(c)(2);

-   §200.47(a)(1)(ii)(B);

-   §200.47(a)(3)(ii);

-   §200.47(a)(4)(iii);

-   §200.48(d)(3); and

-   §200.48(d)(4).

Title I, Part A of the Elementary and Secondary Education Act, as
amended by the No Child Left Behind Act (NCLB), contains several
provisions that require State educational agencies (SEAs), local
educational agencies (LEAs), and schools to collect or disseminate
information. SEAs must (1) provide annual notice to potential
supplemental educational services (SES) providers of the opportunity to
provide such services; (2) maintain an updated list of approved
providers from which parents may select, and (3) must publicly report on
standards and techniques for monitoring the quality and effectiveness of
the services offered by each approved provider and for withdrawing
approval from a provider that fails, for two consecutive years, to
contribute to increasing the academic proficiency of students receiving
supplemental services. As part of their responsibility to annually
review the progress of each LEA to determine whether its schools are
making adequate yearly progress, SEAs must (1) provide the results of
academic assessments administered as part of the State assessment system
in a given school year to LEAs before the beginning of the next school
year; (2) publicize and disseminate the results of the State review; (3)
notify parents when LEAs are identified for improvement or corrective
action, and include information on the corrective action to be taken,
the option of school choice, and the availability of supplemental
services, and (4) notify the Secretary of Education of major factors
that have significantly affected student academic achievement in schools
identified for improvement.

As part of their responsibility to annually review the progress of
schools to determine whether they are making adequate yearly progress,
LEAs must (1) publicize and disseminate the results of their annual
progress review; (2) notify parents and teachers of any school
identified for improvement or subject to corrective action or
restructuring; (3) publicize and disseminate information regarding any
action taken by the school and LEA to address the problems that led to
the identification; and (4) for schools subject to restructuring,
prepare a plan to carry out alternative governance arrangements. In
addition, LEAs in improvement must develop improvement plans. Regarding
services to children in private schools LEAs must also maintain in their
records, and provide to their SEA, written affirmation, signed by
officials of each private school with participating children or
appropriate private school representatives, that the required
consultation has occurred.

Schools operating schoolwide programs must (1) develop a comprehensive
schoolwide plan based on a comprehensive needs assessment; (2) document
that the unique needs of migratory children have been met before
consolidating migrant education funds (Title I, Part C) in a schoolwide
program; and (3) maintain records that the schoolwide program, as a
whole, addresses the intents and purposes of each of the Federal
programs whose funds were consolidated to support it. And finally,
schools in improvement must develop school improvement plans.

Note that in this information package only the SEAs and LEAs collect and
disseminate information. As the U.S. Department of Education (ED) does
not collect SEA and LEA data under 1810-0581, it would not be
appropriate or possible to use EDFacts.

Copies of the statute and final regulations are attached.

The information collection requirements that already have OMB approval
in the statute are Sections 1111(h)(1) and 1111(h)(2), and the
information collection requirements for existing regulations that
already have OMB approval are §§ 200.6, including regulation
200.6(b)(4)(i)(C), 200.26, 200.27, 200.29, 200.30, 200.31, 200.33,
200.34, 200.36, 200.37, 200.38,200.39. 200.41, 200.42, 200.43, 200.45,
200.46, 200.47, 200.49, 200.50, 200.51, 200.52, 200.53, 200.57, 200.61,
200.63, 200.70, 200.71, 200.72, 200.73, 200.74, 200.75, and 200.91.

Information collection activities are also associated with
§200.37(b)(4)(iv) and §200.37(b)(5)(ii)(B). The information collection
activities associated with this change do not pose an additional burden
to LEAs, however. Sufficient hours for this activity are already
accounted for in the currently approved 1810-0581 collection.

Information collection activities are also associated with other final
revisions to §200.47(a)(4) at the SEA level. These particular revisions,
however, do not pose an additional burden to SEAs because they simply
specify how SEAs are to carry out this part of the regulation and
related regulations but should not require additional time beyond the
hours already estimated for §200.47(a) in the currently approved
1810-0581 collection.

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. School communities (most prominently parents), LEAs, SEAs, and ED
have used the information from the various data collections in multiple
ways in order to help all students meet and surpass the challenging
State academic achievement standards in each State and to ensure that
the statute is followed. Parents and other community members have used
the information obtained from the annual LEA review of schools combined
with information about any schools identified for school improvement or
subject to corrective action or restructuring to make decisions about
their child's education and to ensure public accountability for school
performance.

LEAs have used the list of approved SES providers to carry out the
requirement to provide SES to eligible children attending schools that
are in their second year of improvement, corrective action, or
restructuring under section 1116 of ESEA. Also related to this
requirement, parents have used information provided by the SEA and LEAs
to select an SES provider for their children.

SEAs have used the data on student performance to determine whether
their schools have made adequate yearly progress, enforce sanctions on
LEAs and schools, and prepared their State reports cards, which are on
their web sites. In addition, SEAs have used the information provided by
potential SES providers in their SES provider approval processes.
Concerning private schools, SEAs have used LEAs' records of written
affirmations that the required consultation with private school
officials has occurred to ensure that statutory requirements are being
met.

At the national level ED has used the information on student academic
achievement, the data on school choice and SES, equitable services to
eligible private school students, and parent notification of school
performance to inform its technical assistance efforts to SEAs and to
support its crucial monitoring of SEAs in the areas of Standards and
Assessments, Program Improvement, Parental Involvement, and Options, and
Fiduciary. ED has also used these data to conduct analyses for
performance measures used in the Program Assessment Rating Tool (PART),
to respond to questions about Title I from the Congress and the public,
and to run the program effectively and efficiently in order to maximize
student achievement.

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 regulations do not require or preclude SEAs from using
information technology to reduce burden.

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. There is no duplication in the regulations.

*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 have not been impacted by this data collection nor
will the changes impact them. The only small entities affected by the
amended regulations are small LEAs. The bulk of the additional burden on
LEAs, however, will fall on larger LEAs that, for example, will
generally have more students to track under §200.19(b)(1)(ii)(B)(1).
Moreover, because SEAs are responsible for ensuring that the LEAs follow
the statute and regulations, small LEAs will receive instructions and
guidance from their SEA on exactly how to implement the requirements.
This important SEA responsibility helps to minimize burden on small
LEAs.

*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 the information collection under these regulations is not
continued, knowledge about educational progress towards universal
proficiency would suffer and it would not be possible to implement and
follow the applicable statutes. Specifically, without this information,
the nation will not know the extent to which all students are making
progress towards the statutory requirement of universal proficiency by
school year (SY) 2013-2014; parents will be unaware of their school's
performance and the statutory options provided to them to improve their
child's education; and, from the legal standpoint, ED, SEAs, LEAs, and
schools will not have information necessary to carry out the law's
requirements.

*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. The regulations do not require the information collection to be
conducted in a manner inconsistent with the requirements 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 those 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 preclude
consultation in a specific situation. These circumstances should be
explained.*

A8. ED sought public comment on the paperwork requirements at the same
time that the proposed regulations were published for public comment.
Comments were received on the regulation and are addressed within the
regulation but there were no comments on the data collection activity.

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

A9. The regulations do not require gifts or payments to 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. The regulations require no assurance of confidentiality.

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. The regulations do not require questions of 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. Estimated hour burden for the collection of information.

This information collection and reporting package is a revision of the
information package that was developed for the regulations listed in A1
and approved through December 31, 2009. There is an overall increase in
the burden estimate from the previously approved amount of 6,689,387
hours to 7,848,484 hours, which represents a change of 1,159,097 hours.

The following table lists by level the activities whose burden estimates
have changed since this collection was first approved 2003 and presents
the estimated hours for the new requirements. Concerning the amended
regulations related to graduation rates shown in the table, the
estimated burden takes into account that the approach currently used by
sixteen States to calculate their graduation rates is consistent with
the amended regulations.

+-------------+---------+---------+---------+-----------+------------+
| **Activity  | ####    |         |         |           | ######     |
| by Level**  | ## Year |         |         |           | Difference |
|             |         |         |         |           |  from 2007 |
+=============+=========+=========+=========+===========+============+
| #######     | *       | *       | **2007  | **2008    |            |
|             | *2003** | *2006** | Add     | Ad        |            |
|             |         |         | ition** | ditions** |            |
+-------------+---------+---------+---------+-----------+------------+
| **SEA**     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Report Card | 0       | 19,240  |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| LEP         | 0       | 52      |         |           |            |
| addition to |         |         |         |           |            |
| Report Card |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Two percent | 0       |         | 52\*    |           |            |
| addition to |         |         |         |           |            |
| Report Card |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **NAEP data |         |         |         | **1,248** | 1,248      |
| to Report   |         |         |         |           |            |
| Card**      |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| *           |         |         |         | *         | 14,880     |
| *Graduation |         |         |         | *14,880** |            |
| rates**     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Posting   |         |         |         | **235**   | 235        |
| public      |         |         |         |           |            |
| school      |         |         |         |           |            |
| choice and  |         |         |         |           |            |
| SES         |         |         |         |           |            |
| information |         |         |         |           |            |
| for LEAs    |         |         |         |           |            |
| that do not |         |         |         |           |            |
| operate     |         |         |         |           |            |
| websites**  |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Posting   |         |         |         | **104**   | 104        |
| public      |         |         |         |           |            |
| school      |         |         |         |           |            |
| choice and  |         |         |         |           |            |
| SES amounts |         |         |         |           |            |
| for each    |         |         |         |           |            |
| LEA**       |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Listing   |         |         |         | **104**   | 104        |
| providers   |         |         |         |           |            |
| that serve  |         |         |         |           |            |
| SWD and     |         |         |         |           |            |
| LEP**       |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Develop,  |         |         |         | **2,080** | 2,080      |
| implement   |         |         |         |           |            |
| and         |         |         |         |           |            |
| publicly    |         |         |         |           |            |
| report on   |         |         |         |           |            |
| standards   |         |         |         |           |            |
| and         |         |         |         |           |            |
| techniques  |         |         |         |           |            |
| for         |         |         |         |           |            |
| monitoring  |         |         |         |           |            |
| LEAs'       |         |         |         |           |            |
| imp         |         |         |         |           |            |
| lementation |         |         |         |           |            |
| of the SES  |         |         |         |           |            |
| req         |         |         |         |           |            |
| uirements** |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Review of |         |         |         | **1,728** | 1,728      |
| LEAs**      |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Review    |         |         |         | **1,440** | 1,440      |
| LEA request |         |         |         |           |            |
| to use      |         |         |         |           |            |
| unexpended  |         |         |         |           |            |
| funds**     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| SEA         | 0       | 250     |         |           |            |
| n           |         |         |         |           |            |
| otification |         |         |         |           |            |
| to LEA (SES |         |         |         |           |            |
| waiver)     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| SES notice  | 832     | 832     |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Update SES  | 5,200   | 5,200   |         |           |            |
| provider    |         |         |         |           |            |
| list        |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| SES         | 12,480  | 12,480  |         |           |            |
| evaluation  |         |         |         |           |            |
| report      |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Notify      | 4,160   | 0       |         |           |            |
| Secretary   |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| HQT plan    | 33,280  | 33,280  |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| #######     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| ####### LEA |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Report Card | 0       | 211,936 |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **NAEP data |         |         |         | **        | 335,688    |
| to Report   |         |         |         | 335,688** |            |
| Card**      |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Cohort    |         |         |         | **        | 699,350    |
| docu        |         |         |         | 699,350** |            |
| mentation** |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Provide   |         |         |         | *         | 60,000     |
| information |         |         |         | *60,000** |            |
| on public   |         |         |         |           |            |
| school      |         |         |         |           |            |
| choice and  |         |         |         |           |            |
| SES**       |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Maintain  |         |         |         | *         | 21,600     |
| records     |         |         |         | *21,600** |            |
| that        |         |         |         |           |            |
| criteria    |         |         |         |           |            |
| are met**   |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Apply to  |         |         |         | **1,440** | 1,440      |
| SEA to use  |         |         |         |           |            |
| unexpended  |         |         |         |           |            |
| funds**     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Providing |         |         |         | *         | 19,200     |
| notice to   |         |         |         | *19,200** |            |
| parents     |         |         |         |           |            |
| that their  |         |         |         |           |            |
| children    |         |         |         |           |            |
| are         |         |         |         |           |            |
| eligible    |         |         |         |           |            |
| for SES and |         |         |         |           |            |
| describing  |         |         |         |           |            |
| the         |         |         |         |           |            |
| benefits of |         |         |         |           |            |
| SES**       |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Re          | 852,800 | 852,000 |         |           |            |
| structuring |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| School      | 0       | 23,296  |         |           |            |
| improvement |         |         |         |           |            |
| notices     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Develop     | 0       | 620,800 |         |           |            |
| improvement |         |         |         |           |            |
| plan        |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Parent      | 160,020 | 132,460 |         |           |            |
| n           |         |         |         |           |            |
| otification |         |         |         |           |            |
| of          |         |         |         |           |            |
| teacher\'s  |         |         |         |           |            |
| qua         |         |         |         |           |            |
| lifications |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Records on  | 106,680 | 79,746  |         |           |            |
| private     |         |         |         |           |            |
| school      |         |         |         |           |            |
| co          |         |         |         |           |            |
| nsultations |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
|             |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| ###         |         |         |         |           |            |
| #### School |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Needs       | 48,000  | 0       |         |           |            |
| assessment  |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Develop     | 1,      | 530,000 |         |           |            |
| schoolwide  | 200,000 |         |         |           |            |
| plan        |         |         |         |           |            |
| (includes   |         |         |         |           |            |
| needs       |         |         |         |           |            |
| assessment) |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Schoolwide  | 162,976 | 179,922 |         |           |            |
| maintains   |         |         |         |           |            |
| records for |         |         |         |           |            |
| inten       |         |         |         |           |            |
| ts/purposes |         |         |         |           |            |
| of each     |         |         |         |           |            |
| included    |         |         |         |           |            |
| program     |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| Develop     | 0       | 3,      |         |           |            |
| improvement |         | 987,840 |         |           |            |
| plan        |         |         |         |           |            |
+-------------+---------+---------+---------+-----------+------------+
| **Total     | **2,58  | **6,68  | **6,68  | **7,848,  | **1        |
| Hours\*\*** | 6,428** | 9,335** | 9,387** | 484\*\*** | ,159,097** |
+-------------+---------+---------+---------+-----------+------------+

\*Through OMB Notice of Action October 15, 2007

\*\*The 2008 total represents the sum of the amount shown in the 2007
Total column and the additions listed in the 2008 column.

New tabular summaries for SEAs and LEAs presented below provide a more
detailed explanation of the estimated burden hours and costs for the
amended regulations. (The tables showing the estimates for the
previously approved hours follow the two new tables.)

######## 

######## 

######## Burden in Hours and Dollars

[Title I Regulations]{.underline}

[Amended Regulations Burden Hours/Cost for SEAs]{.underline}

+---------+---------------+--------+---------+--------+-------------+
| [       | [Description  | [\# of | [       | [Total | [Total Cost |
| Citatio | ]{.underline} | respon | Average | Hours] | (Total      |
| n]{.und |               | dents] | \# of   | {.unde | Hours x     |
| erline} |               | {.unde | Hours   | rline} | \$30.00)]{  |
|         |               | rline} | per     |        | .underline} |
|         |               |        | Resp    |        |             |
|         |               |        | ondent] |        |             |
|         |               |        | {.under |        |             |
|         |               |        | line}\* |        |             |
+=========+===============+========+=========+========+=============+
| §20     | Adding NAEP   | 52     | 24      | 1,248  | \$37,440    |
| 0.11(c) | data to SEA   |        |         |        |             |
|         | report cards  |        |         |        |             |
|         | and           |        |         |        |             |
|         | developing    |        |         |        |             |
|         | tool for      |        |         |        |             |
|         | parents to    |        |         |        |             |
|         | compare NAEP  |        |         |        |             |
|         | and State     |        |         |        |             |
|         | assessment    |        |         |        |             |
|         | data          |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| §200.19 | Beginning     | 52     | 286     | 14,880 | \$446,400   |
| (b)(1)  | with report   |        |         |        |             |
|         | cards         |        |         |        |             |
|         | providing     |        |         |        |             |
|         | assessment    |        |         |        |             |
|         | results for   |        |         |        |             |
|         | SY 2010-11,   |        |         |        |             |
|         | calculate the |        |         |        |             |
|         | four-year     |        |         |        |             |
|         | adjusted      |        |         |        |             |
|         | cohort        |        |         |        |             |
|         | graduation    |        |         |        |             |
|         | rate, and, if |        |         |        |             |
|         | option is     |        |         |        |             |
|         | selected by   |        |         |        |             |
|         | the State,    |        |         |        |             |
|         | the           |        |         |        |             |
|         | extended-year |        |         |        |             |
|         | adjusted      |        |         |        |             |
|         | cohort        |        |         |        |             |
|         | graduation    |        |         |        |             |
|         | rate          |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| #       | Post the      | 47     | 5       | 235    | \$7,050     |
|  §200.3 | information   |        |         |        |             |
| 9(c)(2) | listed in     |        |         |        |             |
|         | §200.39(c)(1) |        |         |        |             |
|         | for LEAs that |        |         |        |             |
|         | do not        |        |         |        |             |
|         | operate their |        |         |        |             |
|         | own Web site  |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| #       | Posting on    | 52     | 2       | 104    | \$3,120     |
|  §200.4 | the SEA's Web |        |         |        |             |
| 7(a)(1) | site an       |        |         |        |             |
| (ii)(B) | amount equal  |        |         |        |             |
|         | to 20 percent |        |         |        |             |
|         | of each LEA's |        |         |        |             |
|         | Part A        |        |         |        |             |
|         | allocation    |        |         |        |             |
|         | and the       |        |         |        |             |
|         | per-pupil     |        |         |        |             |
|         | amount        |        |         |        |             |
|         | available for |        |         |        |             |
|         | SES           |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| §20     | Indicate on   | 52     | 2       | 104    | \$3,120     |
| 0.47(a) | the list      |        |         |        |             |
| (3)(ii) | those         |        |         |        |             |
|         | providers     |        |         |        |             |
|         | able to serve |        |         |        |             |
|         | students with |        |         |        |             |
|         | disabilities  |        |         |        |             |
|         | or limited    |        |         |        |             |
|         | English       |        |         |        |             |
|         | proficient    |        |         |        |             |
|         | students      |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| §200    | Develop,      | 52     | 40      | 2,080  | \$62,400    |
| .47(a)( | implement and |        |         |        |             |
| 4)(iii) | publicly      |        |         |        |             |
|         | report on     |        |         |        |             |
|         | standards and |        |         |        |             |
|         | techniques    |        |         |        |             |
|         | for           |        |         |        |             |
|         | monitoring    |        |         |        |             |
|         | LEAs'         |        |         |        |             |
|         | i             |        |         |        |             |
|         | mplementation |        |         |        |             |
|         | of the SES    |        |         |        |             |
|         | requirements  |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| §200.4  | Review of     | 52     | 33      | 1,728  | \$51,840    |
| 8(d)(3) | LEAs          |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| §200.4  | Review LEA    | 52     | 28      | 1,440  | \$43,200    |
| 8(d)(4) | request to    |        |         |        |             |
|         | use           |        |         |        |             |
|         | unexpended    |        |         |        |             |
|         | funds         |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+
| ##      | N/A           | 52     | N/A     | 21,819 | \$654,570   |
|  Totals |               |        |         |        |             |
+---------+---------------+--------+---------+--------+-------------+

\*Figures in this column reflect rounding.

## 

## Title I Regulations

## Amended Regulations Burden Hours/Cost for LEAs

+-------------+-----------+---------+----------+---------+-----------+
| [Citation]{ | [Descri   | [\# of  | [Average | [Total  | [Total    |
| .underline} | ption]{.u | res     | \# of    | Hour    | Cost      |
|             | nderline} | pondent | Hours    | s]{.und | (Total    |
|             |           | s]{.und | per      | erline} | Hours x   |
|             |           | erline} | Respond  |         | \$2       |
|             |           |         | ent]{.un |         | 5.00)]{.u |
|             |           |         | derline} |         | nderline} |
+=============+===========+=========+==========+=========+===========+
| #           | Adding    | 13,987  | 24       | 335,688 | \$        |
|  §200.11(c) | NAEP data |         |          |         | 8,392,200 |
|             | to LEA    |         |          |         |           |
|             | report    |         |          |         |           |
|             | cards     |         |          |         |           |
+-------------+-----------+---------+----------+---------+-----------+
| # §         | Docu      | 13,987  | 50       | 699,350 | \$1       |
| 200.19(b)(1 | mentation |         |          |         | 7,483,750 |
| )(ii)(B)(1) | that a    |         |          |         |           |
|             | student   |         |          |         |           |
|             | has       |         |          |         |           |
|             | tr        |         |          |         |           |
|             | ansferred |         |          |         |           |
|             | out --    |         |          |         |           |
|             | that the  |         |          |         |           |
|             | student   |         |          |         |           |
|             | has       |         |          |         |           |
|             | enrolled  |         |          |         |           |
|             | in a in   |         |          |         |           |
|             | another   |         |          |         |           |
|             | school or |         |          |         |           |
|             | other     |         |          |         |           |
|             | ed        |         |          |         |           |
|             | ucational |         |          |         |           |
|             | program   |         |          |         |           |
|             | that      |         |          |         |           |
|             | c         |         |          |         |           |
|             | ulminates |         |          |         |           |
|             | in the    |         |          |         |           |
|             | award of  |         |          |         |           |
|             | a regular |         |          |         |           |
|             | high      |         |          |         |           |
|             | school    |         |          |         |           |
|             | diploma   |         |          |         |           |
+-------------+-----------+---------+----------+---------+-----------+
| §200.37(b   | Providing | 1,600   | 12       | 19,200  | \$480,000 |
| )(5)(ii)(C) | notice to |         |          |         |           |
|             | parents   |         |          |         |           |
|             | that      |         |          |         |           |
|             | their     |         |          |         |           |
|             | children  |         |          |         |           |
|             | are       |         |          |         |           |
|             | eligible  |         |          |         |           |
|             | for SES   |         |          |         |           |
|             | and       |         |          |         |           |
|             | d         |         |          |         |           |
|             | escribing |         |          |         |           |
|             | the       |         |          |         |           |
|             | benefits  |         |          |         |           |
|             | of SES    |         |          |         |           |
+-------------+-----------+---------+----------+---------+-----------+
| §2          | Provide   | 2,400   | 25       | 60,000  | \$        |
| 00.39(c)(1) | in        |         |          |         | 1,500,000 |
|             | formation |         |          |         |           |
|             | on public |         |          |         |           |
|             | school    |         |          |         |           |
|             | choice    |         |          |         |           |
|             | and SES   |         |          |         |           |
+-------------+-----------+---------+----------+---------+-----------+
| ## §2       | Maintain  | 1,800   | 12       | 21,600  | \$540,000 |
| 00.48(d)(3) | records   |         |          |         |           |
|             | that the  |         |          |         |           |
|             | criteria  |         |          |         |           |
|             | are met   |         |          |         |           |
|             | and meet  |         |          |         |           |
|             | req       |         |          |         |           |
|             | uirements |         |          |         |           |
|             | for       |         |          |         |           |
|             | informing |         |          |         |           |
|             | SEA       |         |          |         |           |
+-------------+-----------+---------+----------+---------+-----------+
| ## §2       | Apply to  | 120     | 12       | 1,440   | \$36,000  |
| 00.48(d)(4) | SEA to    |         |          |         |           |
|             | use       |         |          |         |           |
|             | u         |         |          |         |           |
|             | nexpended |         |          |         |           |
|             | funds     |         |          |         |           |
+-------------+-----------+---------+----------+---------+-----------+
| ## Totals   |           | 13,987  | N/A      | 1,      | \$2       |
|             |           |         |          | 137,278 | 8,431,950 |
+-------------+-----------+---------+----------+---------+-----------+

## Previously Approved Burden Hours/Cost for SEAs

+-----------------+---------+--------+-----------+---------+---------+
| Activity        | Fr      | \# of  | Average   | Total   | Total   |
|                 | equency | respo  | \# of     | Hours   | Cost    |
|                 |         | ndents | Hours per |         | (Total  |
|                 |         |        | R         |         | Hours x |
|                 |         |        | espondent |         | \       |
|                 |         |        |           |         | $26.00) |
+=================+=========+========+===========+=========+=========+
| Section         | A       | 52     | 370       | 19,240  | \$      |
| 1111(h)(1)      | nnually |        |           |         | 500,240 |
+-----------------+---------+--------+-----------+---------+---------+
| 20              | A       | 52     | 1         | 52      | \$1,352 |
| 0.6(b)(4)(i)(C) | nnually |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.6(a)(4)     | A       | 52     | 1         | 52      | \$1,352 |
|                 | nnually |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.45-SEA must | Done    | 25     | 10        | 250     | \$6,500 |
| notify LEA of   | only    |        |           |         |         |
| its decision    | upon    |        |           |         |         |
| within 30 days  | request |        |           |         |         |
| of receiving a  |         |        |           |         |         |
| request to      |         |        |           |         |         |
| waive the       |         |        |           |         |         |
| supplemental    |         |        |           |         |         |
| service         |         |        |           |         |         |
| requirement     |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200\. 47(a)(1)  | A       | 52     | 16        | 832     | \       |
| (ii)---annual   | nnually |        |           |         | $21,632 |
| notice to       |         |        |           |         |         |
| potential       |         |        |           |         |         |
| supplemental    |         |        |           |         |         |
| services        |         |        |           |         |         |
| providers       |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.47          | Ongoing | 52     | 100 hours | 5,200   | \$135,  |
| (a              |         |        | annually  |         | 200     |
| )(3)---Maintain |         |        |           |         |         |
| updated list of |         |        |           |         |         |
| approved        |         |        |           |         |         |
| providers       |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.47(a        | Ongoing | 52     | 240 hours | 12,480  | \$      |
| )(4)---Develop, |         |        |           |         | 324,480 |
| implement and   |         |        |           |         |         |
| publicly report |         |        |           |         |         |
| on standards    |         |        |           |         |         |
| and techniques  |         |        |           |         |         |
| for monitoring  |         |        |           |         |         |
| the quality and |         |        |           |         |         |
| effectiveness   |         |        |           |         |         |
| of the services |         |        |           |         |         |
| offered by each |         |        |           |         |         |
| approved        |         |        |           |         |         |
| provider        |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.49          | A       | 52     |           | No      | Carried |
| (e)---Provide   | nnually |        |           | add     | out as  |
| assessment      |         |        |           | itional | part of |
| results to      |         |        |           | hours   | regular |
| schools before  |         |        |           |         | b       |
| an LEA may      |         |        |           |         | usiness |
| identify        |         |        |           |         | of SEA  |
| schools for     |         |        |           |         |         |
| improvement     |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200\.           | A       | 52     |           |         | Part of |
| 49(g)---Notify  | nnually |        |           |         | Conso   |
| the Secretary   |         |        |           |         | lidated |
| of Education of |         |        |           |         | State   |
| major factors   |         |        |           |         | Perf    |
| that have       |         |        |           |         | ormance |
| significantly   |         |        |           |         | Report; |
| affected        |         |        |           |         | covered |
| student         |         |        |           |         | under   |
| achievement in  |         |        |           |         | 18      |
| school          |         |        |           |         | 10-0614 |
| identified for  |         |        |           |         |         |
| improvement     |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.50 --SEA    | A       | 52     |           |         | Part of |
| must annually   | nnually |        |           |         | single  |
| review the      |         |        |           |         | account |
| progress of the |         |        |           |         | ability |
| LEAs to         |         |        |           |         | system  |
| determine if    |         |        |           |         | a       |
| AYP is being    |         |        |           |         | pproved |
| met.            |         |        |           |         | under   |
|                 |         |        |           |         | conso   |
|                 |         |        |           |         | lidated |
|                 |         |        |           |         | ap      |
|                 |         |        |           |         | plicati |
|                 |         |        |           |         | on---18 |
|                 |         |        |           |         | 10-0576 |
+-----------------+---------+--------+-----------+---------+---------+
| 200.51---SEA    | A       | 52     |           |         | Part of |
| must provide    | nnually |        |           |         | regular |
| information to  |         |        |           |         | b       |
| parents         |         |        |           |         | usiness |
| regarding its   |         |        |           |         | of SEA; |
| annual review   |         |        |           |         | no      |
| of LEA progress |         |        |           |         | add     |
| in meeting AYP. |         |        |           |         | itional |
|                 |         |        |           |         | burden  |
+-----------------+---------+--------+-----------+---------+---------+
| 200.53---SEA    | Done    | 52     |           |         | Part of |
| must provide    | only    |        |           |         | single  |
| notice and a    | when an |        |           |         | account |
| hearing to an   | LEA     |        |           |         | ability |
| LEA before      | fails   |        |           |         | system  |
| implementing    | to meet |        |           |         | covered |
| corrective      | AYP for |        |           |         | under   |
| action.         | four    |        |           |         | 18      |
|                 | years   |        |           |         | 10-0576 |
+-----------------+---------+--------+-----------+---------+---------+
| 200.57---SEA    | Ongoing | 52     | 4 people  | 33,280  | \$      |
| must develop a  |         |        | /160 hour |         | 865,280 |
| plan to ensure  |         |        | each      |         |         |
| that all        |         |        |           |         |         |
| teachers of     |         |        |           |         |         |
| core academic   |         |        |           |         |         |
| subjects are    |         |        |           |         |         |
| highly          |         |        |           |         |         |
| qualified.      |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200.70 through  | A       | 52     | 44        | 2,288   | Already |
| 200.75---SEA    | nnually |        |           | (Note   | covered |
| procedures to   |         |        |           | these   | by      |
| determine LEA   |         |        |           | hours   |         |
| allocations     |         |        |           | are not | OMB     |
|                 |         |        |           | i       | 18      |
|                 |         |        |           | ncluded | 10-0622 |
|                 |         |        |           | in the  | and OMB |
|                 |         |        |           | total   | 18      |
|                 |         |        |           | because | 10-0620 |
|                 |         |        |           | they    |         |
|                 |         |        |           | are     |         |
|                 |         |        |           | covered |         |
|                 |         |        |           | in OMB  |         |
|                 |         |        |           | 18      |         |
|                 |         |        |           | 10-0622 |         |
|                 |         |        |           | and OMB |         |
|                 |         |        |           | 1810    |         |
|                 |         |        |           | -0620.) |         |
+-----------------+---------+--------+-----------+---------+---------+
| 200             | A       | 52     |           | 4,224   | The     |
| .91(c)---Submit | nnually |        |           | (Note   | info    |
| annual count of |         |        |           | these   | rmation |
| children and    |         |        |           | hours   | col     |
| youth enrolled  |         |        |           | are not | lection |
| in a regular    |         |        |           | i       | r       |
| program of      |         |        |           | ncluded | equired |
| instruction     |         |        |           | in the  | by this |
| operated or     |         |        |           | total   | section |
| supported by    |         |        |           | because | is      |
| State agencies  |         |        |           | they    | covered |
| for neglected   |         |        |           | are     | by OMB  |
| or delinquent   |         |        |           | covered | 181     |
| children and    |         |        |           | in OMB  | 0-0060. |
| youth and adult |         |        |           | 181     |         |
| correctional    |         |        |           | 0-0060) |         |
| institutions.   |         |        |           |         |         |
+-----------------+---------+--------+-----------+---------+---------+
| Total SEA       |         | 52     |           | 71,386  | \$1,    |
| Activities      |         |        |           |         | 854,736 |
+-----------------+---------+--------+-----------+---------+---------+

##  

## 

## Previously Approved Burden Hours/Cost to LEAs

  ------------------------- ---------------- ----------- ------------ ----------- ----------------
  Activity                  Frequency        \# of       Average      Total Hours Total Cost
                                             Responses   Hours per                (Total Hours x
                                                         respondent               \$21.00)

  Section 1111(h)(2)        Annually         13,246      1 person at  211,936     \$4,450,656
                                                         16 hours per             
                                                         LEA                      

  200.30---Conduct,         Annually         13,246      Required     No extra    None
  publicize and annually                                 under prior  hours       
  disseminate annual                                     law; carried             
  adequate yearly progress                               out as part              
  review of schools.                                     of regular               
                                                         business of              
                                                         the LEA to               
                                                         notify the               
                                                         public.                  

  200.33---LEA must                          13, 246                              Done as regular
  identify for corrective                                                         part of business
  action schools that do                                                          of single
  not meet AYP.                                                                   accountability
                                                                                  system---OMB
                                                                                  1810-0576

  200.34, 200.43---LEA must Required once    1,065       5 people at  852,000     \$17,892,000
  prepare, and make         for each school              160 hours                
  arrangements to           that meets the               each=800                 
  implement, a              criteria                                              
  restructuring plan for                                                          
  schools that do not meet                                                        
  AYP after one full year                                                         
  in corrective action                                                            

  200.36, 200.37, 200.38    Annually         2,912       1 person at  23,296      \$489,216
  and 200.46---Notify                                    8 hours per              
  parents when schools are                               LEA                      
  identified for                                                                  
  improvement, corrective                                                         
  action, or restructuring;                                                       
  publish and disseminate                                                         
  information on any action                                                       
  taken by the school and                                                         
  LEA to address the                                                              
  problems that lead to                                                           
  such identification.                                                            

  200.52---LEA must develop Once upon        776         5 people/at  620,800     \$13,036,800
  or revise improvement     identification               160 hours                
  plan if identified for    for improvement              each = 800               
  improvement.                                           hours per                
                                                         LEA                      

  200.61(a)---LEA must      Annually         13, 246     1 person at  132,460     \$2,781,660
  notify parents that they                               10 hours per             
  can request information                                LEA                      
  about the professional                                                          
  qualifications of their                                                         
  child's classroom                                                               
  teacher.                                                                        

  200.63(c)(1)---Maintain   Annually         13, 246     6 hours to   79,746      \$1,668,996
  records on consultation                                collect and              
  with private school                                    file records             
  officials.                                                                      

  Total LEA Activities                       13, 246                  1,920,238   \$40,324,998
  ------------------------- ---------------- ----------- ------------ ----------- ----------------

#### Existing Approved Burden Hours/Cost for Schools

  --------------------------- ------------- ------------- ------------ ------------ ----------------
  Activity                    Frequency     \# of         Average \#   Total hours  Total Cost
                                            respondents   of hours per              (Total Hours x
                                                          respondent                \$ 21.00)

  200.26---School operating   One time      530           1 person /   Done as part Done as part of
  schoolwide program must                                 48 hours to  of           schoolwide plan;
  conduct a comprehensive                                 collect data schoolwide   no additional
  needs assessment.                                                    plan; no     cost
                                                                       additional   
                                                                       hours        

  200.26, 200.27---School     One time      530           5 people at  530,000      \$11,130,000
  must develop comprehensive                              200 hours                 
  schoolwide plan.                                        each over                 
                                                          the course                
                                                          of a school               
                                                          year                      

  200.29(c)(1)---Schoolwide   Annually      29,987                                  No additional
  program must document the                                                         burden; done as
  needs of migratory students                                                       part of the
  have been met before                                                              comprehensive
  consolidating Title I, Part                                                       needs assessment
  C funds.                                                                          

  200.29(d)(2)---Schoolwide   Annually      29,987        1 person / 6 179,922      \$3,778,362
  must maintain records                                   hours                     
  demonstrating that it                                                             
  addresses the intents and                                                         
  purposes of each Federal                                                          
  program included.                                                                 

  200.31-Principal must have  Annually                                              Done as regular
  opportunity to provide                                                            part of business
  supporting evidence to LEA                                                        of single
  if he/she thinks school is                                                        accountability
  being identified for                                                              system---OMB
  improvement in error.                                                             1810-0576

  200.39, 200.41,             Each time a   4,154         6 people/at  3,987,840    \$83,744,640
  200.42---Schools identified school is                   160 hours                 
  for improvement must revise identified                  each = 960                
  or develop school           for                         hours per                 
  improvement plan;           improvement                 school                    
  corrective action may                                                             
  include revising school                                                           
  improvement plan.                                                                 

  Total School Activities                   29,987                     4,697,762    \$98,653,002
  --------------------------- ------------- ------------- ------------ ------------ ----------------

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. Estimated annualized Federal cost: The only cost to the Federal
government, beyond the efforts normally associated with Department staff
conducting program monitoring, would be to review the notices that
States must send to the Secretary about major factors that have
significantly affected student achievement in schools identified for
improvement.

Two people, GS-13, four hours per notice, X 52 states = 416 hours X
32.88 per hour=\$13,678.

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

A15. The change in burden hours is due to the estimated time that will
be required for SEAs and LEAs to implement the amended regulations.

*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 collection of information does not require publication of the
information or use of complex analytical techniques. The needs
assessment and service delivery plan need to be implemented at least
once during the current period of authorization for ESEA as amended. The
program evaluation needs to be implemented biennially during the current
period of authorization for ESEA as amended.

*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. As SEAs, LEAs, and schools will conduct the information collection,
displaying the expiration date of OMB approval for the data collection
would be inappropriate because these entities, rather than the Federal
Government or a Federal contractor, are doing the collections.

*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 were no proposed exceptions to the certifications.

######## Collections of Information Employing Statistical Methods

The regulations do not require that statistical methodology be employed.