SUPPORTING STATEMENT FOR

# **PAPERWORK REDUCTION ACT SUBMISSION**

#### OMB No. 1810-0662-v.6

#### MIGRANT EDUCATION PROGRAM (MEP) 

#### FINAL REGULATIONS & 

#### CERTIFICATE OF ELIGIBLITY (COE)

#### §§ 200.83, 200.84, and 200.88 & § 200.89

####  

## **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 is requesting a revision to the
previously-approved information collection OMB No. 1810-0662. This
collection of information is necessary to implement both prior existing
regulations for the Title I, Part C Migrant Education Program (MEP) as
well as newly approved and published MEP regulatory requirements. The
MEP is authorized under sections 1301-1309 of Part C of Title I of the
Elementary and Secondary Education Act, as amended. Regulations for the
MEP are found at 34 CFR 200.81-200.88 as well as in the new §200.89 in
the new Notice of final regulations (attached).

The particular regulations with information collection requirements are
the [new]{.underline} § 200.89(b)-(d) in the attached Notice of final
regulations; and [existing]{.underline} §§ 200.83 (which has a minor
modification \-- with no additional data collection implications \--
included in the new regulations), 200.84 and 200.88 that were reviewed
and approved under the last information collection review. No other MEP
regulatory sections have information collection requirements.

Section 200.89(b) establishes minimum requirements an SEA must meet to
conduct re-interviewing of samples of migrant families to (1) examine
and validate the accuracy of its statewide eligibility determinations
under the MEP, (2) provide a statistic (i.e., a "defect rate") the
Secretary can apply to adjust the SEA's migrant child counts to
determine FY 2006 and future year MEP allocations, and (3) ensure
ongoing quality control in future eligibility determinations. This
proposed regulatory requirements are consistent with secs. 1309(2) and
1304(c )( 7) of ESEA.

Section § 200.89(c ) establishes minimum requirements an SEA must meet
to document its eligibility determinations under the MEP (including the
use of a standard Certificate of Eligibility form \[attached\]), and
clarifies the responsibility of the SEA for accurately making all
determinations of program eligibility. These proposed regulatory
requirements are consistent with secs. 1302, 1304(a) and 1309(2) of ESEA

Section §200.89(d) establishes minimum requirements for a system of
quality controls that an SEA must implement to ensure accurate migrant
child eligibility determinations. This proposed regulatory requirement
is consistent with sec. 1309(2) and 9304(a)(6) of ESEA.

Section 200.83 establishes the minimum requirements an SEA must meet for
development of a comprehensive needs assessment and plan for service
delivery as required under Section 1306(b) of the Elementary and
Secondary Education Act (ESEA), as amended (P.L. 107-110). The proposed
revision clarifies that this plan must include measurable outcomes that
an SEA's MEP will produce and a strategy to achieve the measurable
outcomes.

Section 200.84 of the final regulations continues without change to
establish the minimum requirements the SEA must meet to implement the
program evaluation required under Section 1304(c)(2) of ESEA.

Section 200.88 of the final regulations continues without change to
clarify that, for the purposes of the MEP, only \"supplemental\" State
or local funds that are used for programs specifically designed to meet
the unique needs of migratory children can be excluded in terms of
determining compliance with the \"comparability\" and \"supplement, not
supplant\" provisions of the statute.

A copy of the new Notice of final regulations, the NPRM, the COE, the
existing regulations and the relevant statutory sections are attached.

There were no terms of clearance for the last approval (granted on
3/20/08 and expiring on 03/31/11) that covered only §§ 200.83, 200.84
and 200.88.

Please note that this information collection was previously made
available on EDICS for public comment during the period last year when
the NPRM was soliciting public comment.

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 re-interviewing information to be required by § 200.89(b) will
be used by both the SEA and the Secretary to estimate the accuracy of
program eligibility determinations and to make needed improvements. The
information will also be used by the Secretary to make necessary
adjustments to the FY 2006 and subsequent year MEP allocations. The
eligibility materials to be required by § 200.89(c) will be used by the
SEAs to clearly document the basis for the determination of program
eligibility of each migrant child so identified by the SEA. The
information to be required by § 200.89(d) will examine and document the
implementation of the SEA's quality control system and enable the SEA to
determine and implement necessary process improvements.

The needs assessment and service delivery information required by §
200.83 is used by the SEA to design and implement an effective statewide
MEP. The evaluation information required by § 200.84 is used by the SEA
to assess the effectiveness of the statewide MEP, and to promote
improved service delivery. The advance written determination by an SEA
required by § 200.88 (that a State or locally funded program meets the
intents and purposes of part C of Title I) is used by the SEA to support
the exclusion of \"supplemental\" State or local funds in determining
compliance with the \"comparability\" and \"supplement, not supplant\"
provisions of the statute.

Except for the information required by § 200.89(b)(1), this collection
of information does not require the information collected to be
submitted to ED: instead, it is for SEA use in documenting eligible
migrant children and in designing, operating and evaluating their State
MEP.

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 proposed regulations themselves do not require nor preclude SEAs
from using information technology to reduce burden. Many SEAs will use
information technology (e.g., an electronic COE) to collect data. Faxes
and computer information systems will be used to send information to
reviewiers.

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 eligibility documentation information, the re-interviewing
information, the quality control process documentation, the needs
assessment and service delivery information, the evaluation information,
and the advance written determination supporting the exclusion of
\"supplemental\" State or local funds in determining compliance with the
\"comparability\" and \"supplement, not supplant\" provisions of the
statute required by this collection are unique to this program and the
particular grantee. Other than state assessment data to be collected
under the Title I assessment requirements for use in §§ 200.83 and
200.84, the information to be collected by the SEA under §§ 200.89(b),
200.89(c ) and 200.89(d) and §§ 200.83, 200.84, and 200.88 are not in
any other data collection, and are necessary for the SEA to design,
implement, and improve its statewide MEP. These student-level data are
not being collected under EDEN/EdFacts.

*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 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 the information collection under these §§ 200.83, 200.84, and
200.88 of regulations does not continue to be conducted, the SEA
grantees of the MEP would be unable to design and implement a statewide
MEP, evaluate or improve the delivery of program services statewide, or
exclude \"supplemental\" State or local funds in determining compliance
with the \"comparability\" and \"supplement, not supplant\" provisions
of the statute. If the information collection under § 200.89 of the NPRM
is not conducted, the SEA grantees of the MEP would be unable to examine
and improve the accuracy of its program eligibility processes, and the
Secretary would be unable to accurately allocate program funds to the
SEAs.

*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 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. Relative to §§ 200.89: An NPRM was published on 05/04/07 \[see 72 FR
25228\]. The NPRM solicited public comment on the information collection
requirements of the proposed regulation. Some comments were received
from the public expressing some concern about the costs and data
collection burden associated with the proposed regulations. These
comments -- which in general did not offer specific remedies to the
concerns other than eliminating the data collection requirements \-- are
summarized in detail in the Notice of final regulations.

Relative to the standard national COE: Similar versions of this COE were
developed and promulgated as a non-required model in non-regulatory
guidance over many years and, as such, the final version included in
this information collection package reflects considerable input from
State and local MEP staff as to its design and content.

Relative to §§ 200.83, 200.84, and 200.88: these final regulations were
first published on December 2, 2002. No specific comments were received
at that time from the public on the cost and hour burdens relative to §§
200.83, 200.84, and 200.88. Since then, OME staff have met annually with
State Directors to discuss program issues, and no comments have been
made relative to the cost and hour burdens associated with §§ 200.83,
200.84, and 200.88. No specific comments were received on these
continuing requirements when the last version of this information
collection was posted to EDICS for public comment.

The newly-approved and published Notice of final regulations notes that
the information collection requirements associated with the final
regulations are not yet approved and that the public has another
opportunity to comment to OMB on the costs and burdens in this proposed
information collection.

*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 any 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.

As presented in greater detail below, we estimate that it will require
20,691 hours per State respondent and 2 hours per migrant parent to
respond to the requirements of these regulations.

We estimate that it will require approximately 636 hours per State
respondent and 0.5 hours per migrant parent respondent (annually) to
address the requirements of §200.89(b). We estimate that it will require
approximately 17,347 hours per State and 1.5 hours per parent (overall)
to address the requirements of §200.89(c ) . We estimate that it will
require approximately 1,220 hours per State (annually) to address the
requirements of §200.89(d).

We estimate that it will require approximately 1,044 hours per State
(overall) to address the requirements of §200.83. We estimate that it
will require approximately 440 hours per State (biennially) to address
the requirements of §200.84. We estimate that it will require
approximately 4 hours per State (on a one-time basis) to address the
requirements of §200.88.

These estimates were developed by program staff with prior experience in
the State-level administration of the MEP. \[See the tabular summaries
below for a fuller explanation of the calculations.\]

**Summary of Total Burden Hours (Annualized)**

  --------------------------------------- -------------------------------
  **By regulatory section/subsection**    **Total Burden Hours
                                          (Annualized)**

  **200.83**                              **9,829**

  **200.84**                              **10,780**

  **200.88**                              **33**

  **200.89**                              **510,456**

  **TOTAL**                               **531,098**
  --------------------------------------- -------------------------------

+------------+--------+--------+----------+-----+--------------------+
| **2        | **Fre  | **\#   | *        | #   | **Description**    |
| 00.89(b)** | quency | of     | *Average | ### |                    |
|            | of     | Re     | \# of    |  To |                    |
|            | resp   | spon-d | Hours    | tal |                    |
|            | onse** | ents** | per      |     |                    |
|            |        |        | resp     | **H |                    |
|            |        |        | ondent** | our |                    |
|            |        |        |          | s** |                    |
+------------+--------+--------+----------+-----+--------------------+
| **(1)      | One    |        |          |     |                    |
| Retro      | Time   |        |          |     |                    |
| spective** |        |        |          |     |                    |
|            |        |        |          |     |                    |
| **Re-inte  |        |        |          |     |                    |
| rviewing** |        |        |          |     |                    |
+------------+--------+--------+----------+-----+--------------------+
| Re-        | One    | 15[^1] | 1,200    | 18, | Assuming an        |
| interviews | Time   | SEAs   |          | 000 | average sample of  |
|            |        |        | 0.5      |     | 300 children per   |
|            |        | 300    |          | 2,  | State and an       |
|            |        | paren  |          | 250 | average time of 4  |
|            |        | ts[^2] |          |     | hours[^3]          |
|            |        | of     |          |     | (including         |
|            |        | m      |          |     | multiple attempts) |
|            |        | igrant |          |     | to locate, travel  |
|            |        | ch     |          |     | to & re-interview  |
|            |        | ildren |          |     | each child's       |
|            |        | per    |          |     | parent/guardian,   |
|            |        | State  |          |     | including an       |
|            |        | =      |          |     | average of ½ hour  |
|            |        | 4,500  |          |     | per family to      |
|            |        | p      |          |     | conduct the        |
|            |        | arents |          |     | re-interview per   |
|            |        |        |          |     | State              |
+------------+--------+--------+----------+-----+--------------------+
| Analysis & | One    | 15     | 380      | 5,  | Assuming an        |
| Reporting  | Time   | SEAs   |          | 700 | average sample of  |
|            |        |        |          |     | 300 children and 1 |
|            |        |        |          |     | hour per child to  |
|            |        |        |          |     | analyze            |
|            |        |        |          |     | eligibility        |
|            |        |        |          |     | findings and 80    |
|            |        |        |          |     | hours to construct |
|            |        |        |          |     | the report.        |
+------------+--------+--------+----------+-----+--------------------+
| **Subtotal | One    |        | 1,580    | 25, |                    |
| (1)**      | Time   |        | per SEA  | 950 |                    |
|            |        |        | & 0.5    |     |                    |
|            |        |        |          |     |                    |
|            |        |        | per      |     |                    |
|            |        |        | parent   |     |                    |
+------------+--------+--------+----------+-----+--------------------+
| **(2)      | An     |        |          |     |                    |
| Pro        | nually |        |          |     |                    |
| spective** |        |        |          |     |                    |
|            |        |        |          |     |                    |
| **Re-Inte  |        |        |          |     |                    |
| rviewing** |        |        |          |     |                    |
+------------+--------+--------+----------+-----+--------------------+
| Re-        | An     | 49[^4] | 100      | 4,  | Assuming an        |
| interviews | nually | SEAs   |          | 900 | average sample of  |
|            |        |        | 0.50     |     | 50 children per    |
|            |        | 50     |          | 1,  | State and an       |
|            |        | p      |          | 225 | average time of 2  |
|            |        | arents |          |     | hours[^5]          |
|            |        | of     |          |     | (including         |
|            |        | m      |          |     | multiple attempts) |
|            |        | igrant |          |     | to locate, travel  |
|            |        | ch     |          |     | to & re-interview  |
|            |        | ildren |          |     | each child's       |
|            |        | per    |          |     | parent/guardian,   |
|            |        | State  |          |     | including an       |
|            |        | =      |          |     | average of ½ hour  |
|            |        | 2,450  |          |     | per family to      |
|            |        | p      |          |     | conduct the        |
|            |        | arents |          |     | re-interview per   |
|            |        |        |          |     | State.             |
+------------+--------+--------+----------+-----+--------------------+
| Analysis   | An     | 49     | 50       | 2,  | Assuming an        |
|            | nually | SEAs   |          | 450 | average sample of  |
|            |        |        |          |     | 50 children per    |
|            |        |        |          |     | State and 1 hour   |
|            |        |        |          |     | per child to       |
|            |        |        |          |     | analyze            |
|            |        |        |          |     | eligibility        |
|            |        |        |          |     | findings.          |
+------------+--------+--------+----------+-----+--------------------+
| Report as  | An     | 49     | 2        | 98  | Assuming it will   |
| part of    | nually | SEAS   |          |     | take no more than  |
| Migrant    |        |        |          |     | 2 hours per State  |
| Child      |        |        |          |     | to summarize the   |
| Count      |        |        |          |     | new findings for   |
| Report[^6] |        |        |          |     | the report.        |
+------------+--------+--------+----------+-----+--------------------+
| **Subtotal | **Annu |        | 152 per  | 8,  |                    |
| (2)**      | ally** |        | SEA &    | 673 |                    |
|            |        |        | 0.5 per  |     |                    |
|            |        |        | parent   |     |                    |
+------------+--------+--------+----------+-----+--------------------+
| **TOTAL    |        | 49     | 636[^8]  | 34, |                    |
| for        |        | SEAs & | per SEA  | 623 |                    |
| §2         |        |        | & 0.5    |     |                    |
| 00.89(b)** |        | 6,950  | per      |     |                    |
|            |        | [^7]p  | parent   |     |                    |
|            |        | arents |          |     |                    |
+------------+--------+--------+----------+-----+--------------------+

+------------+--------+--------+---------+-------+--------------------+
| **200.89(c | **Fre  | **\#   | **      | ####  | **Description**    |
| )**        | quency | of     | Average | Total |                    |
|            | of     | Re     | \# of   |       |                    |
|            | resp   | spon-d | Hours   | **Ho  |                    |
|            | onse** | ents** | per     | urs** |                    |
|            |        |        | respo   |       |                    |
|            |        |        | ndent** |       |                    |
+------------+--------+--------+---------+-------+--------------------+
| **E        |        |        |         |       |                    |
| ligibility |        |        |         |       |                    |
| Docum      |        |        |         |       |                    |
| entation** |        |        |         |       |                    |
+------------+--------+--------+---------+-------+--------------------+
| Conduct    | Once   | 49     | 9,184   | 45    | Assuming           |
| the        | per    | SEAS   |         | 0,000 | approximately      |
| interview  | 3      |        | 0.5     |       | 750,000 children   |
|            | -years | 3      |         | 15    | and 2.5 children   |
|            | of     | 00,000 |         | 0,000 | per family (and    |
|            | eligi  | paren  |         |       | per COE**)** and   |
|            | bility | ts[^9] |         |       | 1.5 hours to       |
|            |        |        |         |       | initially locate,  |
|            |        |        |         |       | travel to and      |
|            |        |        |         |       | interview each     |
|            |        |        |         |       | family, including  |
|            |        |        |         |       | an average of ½    |
|            |        |        |         |       | hour per family to |
|            |        |        |         |       | conduct the        |
|            |        |        |         |       | re-interview per   |
|            |        |        |         |       | State.             |
+------------+--------+--------+---------+-------+--------------------+
| Write up   | Once   | 49     | 2,041   | 10    | Assuming 20        |
| the COE &  | per    | SEAS   |         | 0,000 | minutes per COE.   |
| other      | 3      |        |         |       | One COE is done    |
| SE         | -years |        |         |       | for every family   |
| A-required | of     |        |         |       | (each with an      |
| e          | eligi  |        |         |       | average of 2.5     |
| ligibility | bility |        |         |       | children).         |
| doc        |        |        |         |       |                    |
| umentation |        |        |         |       |                    |
+------------+--------+--------+---------+-------+--------------------+
| Upd        | *      | 49     | 6,122   | 30    | Assuming an        |
| ate/Revise | *Twice | SEAs   |         | 0,000 | average of ½ hour  |
| COE as     | within |        | 1.0     |       | per COE per year   |
| nece       | 3-year | 3      |         | 30    | for each of two of |
| ssary[^10] | eligi  | 00,000 |         | 0,000 | three years**.**   |
|            | bility | p      |         |       |                    |
|            | pe     | arents |         |       |                    |
|            | riod** |        |         |       |                    |
+------------+--------+--------+---------+-------+--------------------+
| **TOTAL    |        | 49     | 17,347  | 1,30  |                    |
| for        |        |        | per SEA | 0,000 |                    |
| §200.89(c  |        |        | and 1.5 |       |                    |
| )**        |        |        | per     |       |                    |
|            |        |        | parent  |       |                    |
+------------+--------+--------+---------+-------+--------------------+

+------------+--------+------+----------+------+---------------------+
| **2        | **Fre  | **\# | *        | ##   | **Description**     |
| 00.89(d)** | quency | of   | *Average | ## T |                     |
|            | of     | Re   | \# of    | otal |                     |
|            | resp   | spon | Hours    |      |                     |
|            | onse** | -den | per      | *    |                     |
|            |        | ts** | resp     | *Hou |                     |
|            |        |      | ondent** | rs** |                     |
+------------+--------+------+----------+------+---------------------+
| **Quality  |        |      |          |      |                     |
| Control    |        |      |          |      |                     |
| Pr         |        |      |          |      |                     |
| ocedures** |        |      |          |      |                     |
+------------+--------+------+----------+------+---------------------+
| \(4\)      | An     | 49   | 1,020    | 50   | Assuming 300,000    |
| SEA/LEA    | nually | SEAs |          | ,000 | COEs (new or        |
| COE        |        |      |          |      | updated) and 10     |
| reviews    |        |      |          |      | minutes per COE for |
|            |        |      |          |      | review.             |
+------------+--------+------+----------+------+---------------------+
| \(6\)      | An     | 49   | 200      | 9    | Assumes 200 hours   |
| Docu       | nually | SEAs |          | ,800 | of person time per  |
| menta-tion |        |      |          |      | year to prepare     |
| of quality |        |      |          |      | needed              |
| control    |        |      |          |      | documentation       |
| processes  |        |      |          |      |                     |
| and        |        |      |          |      |                     |
| i          |        |      |          |      |                     |
| mprovement |        |      |          |      |                     |
+------------+--------+------+----------+------+---------------------+
| **TOTAL    |        | 49   | 1,220    | 59   |                     |
| for        |        | SEAs |          | ,800 |                     |
| §2         |        |      |          |      |                     |
| 00.89(d)** |        |      |          |      |                     |
+------------+--------+------+----------+------+---------------------+

+---------+--------+------+-----------+------+-----------------------+
| **§     | **Fre  | **\# | **\# of   | ##   | #### Description      |
| 200.88  | quency | of   | Hours per | ## T |                       |
| Activ   | of     | R    | res       | otal |                       |
| ities** | resp   | espo | pondent** |      |                       |
|         | onse** | nden |           | *    |                       |
|         |        | ts** |           | *Hou |                       |
|         |        |      |           | rs** |                       |
+---------+--------+------+-----------+------+-----------------------+
| Written | Once   | 49   | 4         | 196  | This estimate         |
| determ  |        | SEAs |           |      | consists of the time  |
| ination |        |      |           |      | needed for SEA staff  |
|         |        |      |           |      | to analyze and        |
|         |        |      |           |      | prepare a written     |
|         |        |      |           |      | determination in      |
|         |        |      |           |      | support of an         |
|         |        |      |           |      | exclusion.            |
+---------+--------+------+-----------+------+-----------------------+
| *       |        | **   | **4**     | **1  | One-time              |
| *Totals |        | 49** |           | 96** |                       |
| for**   |        |      |           |      |                       |
|         |        |      |           |      |                       |
| **§     |        |      |           |      |                       |
| 2       |        |      |           |      |                       |
| 00.88** |        |      |           |      |                       |
+---------+--------+------+-----------+------+-----------------------+

**Estimates of annualized burden:**

-   Amortized over the next three years, **the annual burden to address
    the §200.89(b)(1) requirements** would be 25,950 hours /3 years =
    **8,650 hours**/**year**. **The annual burden to address the
    §200.89(b)(2) requirements would be 8,673 hours/year**. Therefore
    **the total annual burden to address the § 200.89(b) requirements**
    would be: 8641.66 + 8,673 = **17,323 hours/year.**

-   Amortized over the 3-year eligibility cycle, **the annual burden to
    address the §200.89(c ) requirements** would be 1,300,000/3 years =
    **433,333** **hours/year.**

-   **The annual burden to address the §200.89(d) requirements** would
    be **59,800 hours/year**.

> **Therefore, the annual burden to address the §200.89 requirements =
> 17,323 + 433,333 + 59,800 = 510,456 hours/yer.**

-   Amortized over the six-year ESEA authorization, **the annual burden
    to address the § 200.83 \"Needs Assessment\" and initial \"Plan
    Development\" requirements** would be: (31,532+ 7.840+7,840) hours /
    6 years = **7,869 hours/year**. Amortized over a biennial period,
    **the total annual burden to address the full § 200.83 \"Plan
    Update\" requirements** would be: 3,920 hours / 2 years = **1,960
    hours/year**. \[Note: Of these 1,960 hours, based on footnote 11, it
    will only require 24.5 hours per year to implement the new
    requirement for §200.83: (1 hour/SEA x 49 SEAs)/ 2 years = 24.5
    hours annually.\] Therefore **the total annual burden to address the
    § 200.83 requirements** would be: 7,868.66 + 1,960 = **9,829
    hours/year.**

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-   Amortized over a biennial period, **the total annual burden to
    address the § 200.84 requirements** would be: 21,560 hours / 2 years
    **= 10,780 hours/year**.

-   Amortized over the six-year ESEA authorization, **the total annual
    burden to address the § 200.88 requirements** would be: 196 hours /
    6 years **= 33 hours/year**.

**Estimates of annualized cost to respondents.**

**[SEA Respondents]{.underline}**

Estimating respondent cost at an average of \$10/hour for SEA staff
carrying out interviews in §§200.89(b) and 200.89(c) and \$25/ hour for
other SEA staff carrying out analysis and reporting and §§200.89(d),
200.83, 200.84 and 200.88, **the average cost per State** would be:

-   (\$10/hour x 1,200 hours) + (\$25/hour x 380 hours) = \$12,000 +
    \$9,500 = **\$21,500 per State to address §200.81(b)(1**) on a
    one-time basis, and \$21,500/3 = \$7,167 annually per State
    amortized over the next 3 years. (\$10/hour x 100 hours) +
    (\$25/hour x 52 hours) = \$1,000 + \$1,300 = **\$2,300 per State to
    address §200.89(b)(2)** annually**.** Amortized over the next 3
    years, t**he annual cost per SEA to address the § 200.89(b)
    requirements** would be (\$21,500/3 + \$2,300) = **\$9,467/year**.

-   \[\$10/hour x (450,000 + 100,000 + 300,000 hours)\]/49 = (\$10/hour
    x 850,000)/49 = \$8,500,000/49 = \$173,469/State. Amortized over the
    3 year eligibility cycle, the **annual cost per SEA to address the §
    200.89(c ) requirements** would be \$173,469/3 = **\$57,823/year**.

-   The **annual cost per SEA to address the § 200.89(d) requirements**
    would be {\$25/hour x 1,220 hours) = **\$30,500/year.**

-   With a total **annual** burden of 9,828.66 hours/year for all 49
    SEAs , **the annual cost per SEA to address the full § 200.83
    requirements** would be: (\$25/hour x 9,828.66 hours) /49 SEAs =
    **\$5,015/year.** \[Note: Of this amount, based on footnote 11, with
    a total annual burden of 24.5 hours per year to implement the new
    regulatory requirement for §200.83, the annual cost per SEA to
    implement the new regulatory requirement for §200.83 would be:
    (\$25/hour x 24.5 hours)/49 SEAs = \$12.50/year.\].

-   \$25/hour x 440 hours = \$11,000 per State to address the § 200.84
    requirements (biennially). Amortized over a biennial period, **the
    annual cost per SEA to address the § 200.84 requirements** would be:
    \$11,000 / 2 years = **\$5,500/year**.

-   \$25/hour x 4 hours = \$100.00 per State to address the § 200.88
    requirements (on a one-time basis). Amortized over the six year ESEA
    authorization, **the annual cost per SEA to address the § 200.88
    requirements** would be: \$100.00 / 6 years = **\$17/year.**

**[Annual Total Costs]{.underline}**

-   **The annual total cost to address the §200.89(b) requirements would
    be** \$7,167 x 15 SEAs + \$2,300 x 49 SEAs **= \$220,200.**

-   **The annual total cost to address the §200.89(c ) requirements
    would be**: \$8,500,000/3 = **\$2,833,333.**

-   **The annual total cost to address the §200.89(d) requirements
    would** be \$30,500/SEA x 49 SEAs) = **\$1,495,000**.

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-   T**he annual total cost to address the full § 200.83 requirements**
    would be: (\$5,015/SEA x 49 SEAs ) = **\$245,735/year.** \[Note: Of
    this, the total annual cost to implement the new regulatory
    requirement for §200.83 would be: (\$12.50/ year x /49 SEAs) =
    \$612.50/year.\].

-   **The annual total cost to address the § 200.84 requirements** would
    be: (\$5,500/SEA x 49 SEAs)- = **\$269,500/year.**

-   **The annual total cost to address the § 200.88 requirements** would
    be: \$16.67/SEAs x 49 SEAs = **\$817/year**.

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. The only costs to respondents are those shown above for staff time
for data collection and reporting. There should be no record-keeping
costs beyond those covered under customary and usual business practices.

*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:

Federal costs associated with this collection of information are
generally those normally associated with Department staff conducting
program monitoring. In that context, Department staff could be expected
to spend four hours reviewing an SEA's retrospective re-interviewing
documentation (§200.89(b)(1)); two hours reviewing an SEA's prospective
re-interviewing documentation (§200.89(b)(2)); five hours reviewing an
SEA's COEs (§200.89(c)); two hours reviewing an SEA's Quality Control
system and documentation (§200.89(d); two hours reviewing an SEA's needs
assessment and service delivery plan (§ 200.83); two hours reviewing a
SEA\'s program evaluation (§200.84); and one-half hour reviewing SEA\'s
written determinations supporting the exclusion of State or local funds
from \"comparability\" and \"supplement, not supplant\" provisions of
the statute in preparation for program monitoring (§200.88).

##### 

##### **Estimated Annualized Federal Cost of Review**

+------------+-------+----------+---------+-------+-------+---------+
| **§        |       |          |         |       |       |         |
| 200.89(b)  |       |          |         |       |       |         |
| Ac         |       |          |         |       |       |         |
| tivities** |       |          |         |       |       |         |
+------------+-------+----------+---------+-------+-------+---------+
| **Re-in    | **R   | **Total  | **Wage  | **    | **Ot  | **Total |
| terviewing | eview | Review   | Rate    | Total | her** | Cost of |
| docum      | T     | Time**   | for     | Pers  |       | R       |
| entation** | ime** |          | Pe      | onnel | **Co  | eview** |
|            |       |          | rsonnel | C     | sts** |         |
|            |       |          | **[^11] | ost** |       |         |
+------------+-------+----------+---------+-------+-------+---------+
| 17[^12]    | 6     | 102      | \$40.50 | ####  | #     | ######  |
|            | hours | hours    |         | ## \$ | ##### | \$4,131 |
|            |       |          |         | 4,131 |  0.00 |         |
+------------+-------+----------+---------+-------+-------+---------+

+------------+--------+--------+---------+-------+-------+---------+
| **§        |        |        |         |       |       |         |
| 200.89(c ) |        |        |         |       |       |         |
| Ac         |        |        |         |       |       |         |
| tivities** |        |        |         |       |       |         |
+------------+--------+--------+---------+-------+-------+---------+
| **E        | **     | *      | **Wage  | **    | **Ot  | **Total |
| ligibility | Review | *Total | Rate    | Total | her** | Cost of |
| docum      | Time** | Review | for     | Pers  |       | R       |
| entation** |        | Time** | Pers    | onnel | **Co  | eview** |
|            |        |        | onnel** | C     | sts** |         |
|            |        |        |         | ost** |       |         |
+------------+--------+--------+---------+-------+-------+---------+
| 17         | 5      | 85     | \$40.50 | ##    | #     | ###     |
|            | hours  | hours  |         | ####  | ##### | ### \$3 |
|            |        |        |         | \$3,4 |  0.00 | ,442.50 |
|            |        |        |         | 42.50 |       |         |
+------------+--------+--------+---------+-------+-------+---------+

+------------+--------+--------+---------+-------+-------+---------+
| **§        |        |        |         |       |       |         |
| 200.89(d)  |        |        |         |       |       |         |
| Ac         |        |        |         |       |       |         |
| tivities** |        |        |         |       |       |         |
+------------+--------+--------+---------+-------+-------+---------+
| **Quality  | **     | *      | **Wage  | **    | **Ot  | **Total |
| Control    | Review | *Total | Rate    | Total | her** | Cost of |
| Docum      | Time** | Review | for     | Pers  |       | R       |
| entation** |        | Time** | Pers    | onnel | **Co  | eview** |
|            |        |        | onnel** | C     | sts** |         |
|            |        |        |         | ost** |       |         |
+------------+--------+--------+---------+-------+-------+---------+
| 17         | 2      | 34     | \$40.50 | ####  | #     | ######  |
|            | hours  | hours  |         | ## \$ | ##### | \$1,377 |
|            |        |        |         | 1,377 |  0.00 |         |
+------------+--------+--------+---------+-------+-------+---------+

+-----------+----------+--------+---------+-------+-------+---------+
| **§       |          |        |         |       |       |         |
| 200.83    |          |        |         |       |       |         |
| Act       |          |        |         |       |       |         |
| ivities** |          |        |         |       |       |         |
+-----------+----------+--------+---------+-------+-------+---------+
| **Number  | **Review | *      | **Wage  | **    | **Ot  | **Total |
| of**      | Time**   | *Total | Rate    | Total | her** | Cost of |
|           |          | Review | for     | Pers  |       | R       |
| **Needs   |          | Time** | Pers    | onnel | **Co  | eview** |
| As        |          |        | onnel** | C     | sts** |         |
| sessments |          |        |         | ost** |       |         |
| & Service |          |        |         |       |       |         |
| Delivery  |          |        |         |       |       |         |
| Plans**   |          |        |         |       |       |         |
+-----------+----------+--------+---------+-------+-------+---------+
| 17        | 2 hours  | 34     | \$40.50 | ####  | #     | ######  |
|           |          | hours  |         | ## \$ | ##### | \$1,377 |
|           |          |        |         | 1,377 |  0.00 |         |
+-----------+----------+--------+---------+-------+-------+---------+

+-----------+----------+--------+---------+-------+-------+---------+
| **§       |          |        |         |       |       |         |
| 200.84    |          |        |         |       |       |         |
| Act       |          |        |         |       |       |         |
| ivities** |          |        |         |       |       |         |
+-----------+----------+--------+---------+-------+-------+---------+
| **Number  | **Review | *      | **Wage  | **    | **Ot  | **Total |
| of**      | Time**   | *Total | Rate    | Total | her** | Cost of |
|           |          | Review | for     | Pers  |       | R       |
| **Program |          | Time** | Pers    | onnel | **Co  | eview** |
| Eval      |          |        | onnel** | C     | sts** |         |
| uations** |          |        |         | ost** |       |         |
+-----------+----------+--------+---------+-------+-------+---------+
| 49        | 2 hours  | 98     | \$40.50 | ####  | #     | ######  |
|           |          |        |         | ## \$ | ##### | \$3,969 |
|           |          |        |         | 3,969 |  0.00 |         |
+-----------+----------+--------+---------+-------+-------+---------+

#####  

+-----------+----------+--------+---------+-------+-------+---------+
| **§       |          |        |         |       |       |         |
| 200.88    |          |        |         |       |       |         |
| Act       |          |        |         |       |       |         |
| ivities** |          |        |         |       |       |         |
+-----------+----------+--------+---------+-------+-------+---------+
| **Number  | **Review | *      | **Wage  | **    | **Ot  | **Total |
| of**      | Time**   | *Total | Rate    | Total | her** | Cost of |
|           |          | Review | for     | Pers  |       | R       |
| **Program |          | Time** | Pers    | onnel | **Co  | eview** |
| Exc       |          |        | onnel** | C     | sts** |         |
| lusions** |          |        |         | ost** |       |         |
+-----------+----------+--------+---------+-------+-------+---------+
| 17        | .5 hours | 8.     | \$40.50 | ##### | #     | #       |
|           |          | 5hours |         | # \$3 | ##### | ##### \ |
|           |          |        |         | 44.25 |  0.00 | $344.25 |
+-----------+----------+--------+---------+-------+-------+---------+

#####  

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

A15. The changes are to reflect the additional burden associated with
the collection of information of the new proposed §§ 200.89, the
reduction to 49 SEAs participating in the program for §§ 200.83, 200.84
and 200.88; an increase in the wage rate of federal personnel; and
adjustment of the federal costs to more clearly reflect annualized
costs.

*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 (except for §200.89(b)) or use of complex analytical
techniques. The defect rates reported under §200.89(b) will be reported
by the Secretary in tabular form to the States, Congress and the public.

The retrospective re-interviewing process required under §200.89(b)(1),
if not already done voluntarily, must be implemented once during the
current period of authorization of ESEA. The prospective re-interviewing
process under §200.80(b)(2) must be implemented annually. Identification
of eligible migrant children and documentation of eligibility status
under §200.89(c) is an activity carried out by the SEA and its
subgrantees on an ongoing basis. The quality control processes required
under §200.89(d) must be implemented throughout the period of
authorization of ESEA

The needs assessment and service delivery plan under 200.83 needs to be
implemented at least once during the current period of authorization for
ESEA as amended. The program evaluation under 200.84 needs to be
implemented biennially during the current period of authorization for
ESEA as amended. . The SEA\'s advance written determination that a State
or locally funded program meets the intents and purposes of part C of
Title I under §200.88 needs to be implemented at least once 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. Given that the information collection will be conducted by SEAs,
the proposed display of the expiration date of OMB approval for the data
collection would be inappropriate because the collections are being done
by SEAs rather than the Federal Government or through a Federal
contractor. In particular, because the COE will be used as a collection
mechanism by the SEAs, the inclusion of the Paperwork statement \--
including the expiration date -- on the COE would be inappropriate.

*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 proposed exceptions to the certifications except that
the Paperwork statement will not be included on the COE.

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

The regulations do not require that statistical methodology be employed.
However, for §§ 200.89(b), 200.83 and 200.84, SEAs are likely to employ
statistical samples \[of students, staff, and programs sites\] when
collecting this information to reduce burden.

[^1]: Because virtually all SEAs have already voluntarily-submitted
    defect rates, we estimate that only 15 will be required to submit
    under the authority of §200.89(b): 5 SEAs who may not submit
    voluntarily before the regulation is finalized and 10 SEA who may
    have to redo the process because their defect rate and process are
    determined by the Secretary to be flawed.

[^2]: Assumes only 1 parent/guardian per family need be interviewed.

[^3]: We estimate 4 hours to locate/re-interview each child
    retrospectively since these re-interviews will be taking place long
    after the initial eligibility determination was done in 2003-04.

[^4]: We estimate 49 SEAs since, as of FY 2006, Rhode Island, the
    District of Columbia and Puerto Rico are no longer participating in
    the MEP.

[^5]: We estimate 2 hours to locate/re-interview each child
    prospectively since these re-interviews will take place soon after
    the initial eligibility determination was done in any program year.

[^6]: The Migrant Child Count Report has already been cleared through
    6/30/07 under OMB No. 1810-0519. For 2006-07, the child count data
    collection will eliminated as a separate collection but the data
    will be collected and its burden included under an amendment to the
    electronic collection of the Consolidated State Performance Report
    (CSPR).

[^7]: Total of 4,500 under §200.89(b)(1) + 2,450 under §200.89(b)(2) =
    6,950 parents.

[^8]: Estimated hours per SEA across all 49 SEAs -- where all 49 SEAs
    will do the §200.89(b)(2) prospective re-interviewing annually but
    only 15 SEAs will also do the §200.89(b)(1) retrospective
    re-interviewing once over the next 3 year period.

[^9]: Assumes 1 parent per family needs to be interviewed

[^10]: This would include the survey data required to document the
    temporary nature of employment under §200.89(a)(i).

[^11]: 2006 Pay rate for a GS-12/10

[^12]: 17 SEAs reflects an annualized figure -- over the 3-year
    eligibility cycle \-- of the 49 SEAs to be reviewed