SUPPORTING STATEMENT

FOR PAPERWORK REDUCTION ACT SUBMISSION

SECTION 427 GENERAL EDUCATION PROVISIONS

ACT REQUIREMENT FOR GRANT APPLICATIONS

**     **

**A. Justification**

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

**On October 20, 1994, the Improving America's Schools Act, Public Law
103-382, became law. The Act added a provision to the General Education
Provisions Act (GEPA). Section 427 of GEPA requires an applicant for
assistance under Department programs to develop and describe in the
grant application the steps it proposes to take to ensure equitable
access to, and equitable participation in, its proposed project for
students, teachers, and other program beneficiaries with special needs.
The current GEPA Section 427 guidance for discretionary grant
applications and formula grant applications has approval through
November 30, 2007, we are requesting an extension of this approval.**

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

**The information collected under this provision will be used by
Department staff in awarding new grants and in providing technical
assistance to grantees in the implementation of their grant programs. In
reviewing applications for new grants, Department staff will look to see
whether applicants have provided a description of barriers that impede
access to the Department-funded programs and steps they would take to
overcome these barriers. Department staff will also use the information
during the grant period in providing technical assistance to applicants
in the implementation of their projects. In addition, as part of the
review this year, Department staff will also evaluate the information
gathered to determine whether further guidance or technical assistance
is needed by applicants concerning this requirement.**

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

**If any program has enabled an application to be submitted
electronically or in electronic form, information provided in response
to the GEPA Section 427 requirement may be submitted in the same manner.
Also, applicants have discretion in determining how to provide
information in response to this requirement. For example, an applicant
may choose to use technology available to it that would reduce burden in
responding to this requirement. There are no legal obstacles to reducing
burden.**

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

**The GEPA Section 427 requirement does not represent a duplication of
information collection. The provision is not intended to duplicate the
requirements in civil rights statutes, but rather to ensure that
applicants for Federal funds address equity concerns in the planning and
development of their proposed Federal projects that may affect the
ability of certain potential beneficiaries to fully participate in a
proposed project. Applicants have discretion in how to respond to this
requirement and can explain if information that is responsive to this
requirement is provided in their applications in response to a related
topic.**

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

**The collection of information in response to the GEPA Section 427
requirement does not have a significant impact on a substantial number
of small businesses or other small entities.**

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

**The Department of Education would not be in compliance with the
requirements of Public Law 103-382 if the information is not collected.
An applicant for new grant funds is required to provide this information
in order to receive funding under any applicable program.**

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

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

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

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

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

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

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

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-   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

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-   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.

**The information will not be collected in a manner inconsistent with
the general information collection guidelines in 5 CFR 1320.5.**

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

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

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.

The Department of Education has not received any comments as a result of
the comment period notices.

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

**There will be no payment or gift to respondents.**

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

**No assurance of confidentiality is provided specifically for the
information collected for compliance with the GEPA Section 427
provision. If appropriate, the grant applications may provide different
levels of confidentiality as outlined in their separate approved
information collection packages.**

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

**The GEPA Section 427 provision does not require the respondent to
provide information of a sensitive nature.**

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

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

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-   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.

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

**The estimated burden of this collection of information will range from
1-3 hours with an average of 1.5 hours. The respondents have been given
broad guidelines in fulfilling this information collection and some
applicants may not have to collect any information to respond to this
requirement.**

**The previous respondent number from 2004 included approximately 18,200
new discretionary grant respondents and 3,000 formula grant respondents
for a total of 21,200 respondents. In FY 2006, the number of formula
grant respondents was 8,729 and the number of discretionary grant
respondents was 13,129 for a total of 21,922 respondents. The total
number of respondents for FY 2008 will be 21,922 new grant respondents.
This calculates to 21,922 x 1.5 Hours = 32,883. We expect this number to
remain the same or increase in FY 2008-2010.**

**Similarly, the annualized cost to respondents would be minimal because
the information collected in response to this requirement concerns
participation data that should be readily accessible to the respondent.
In addition, because an applicant has discretion in determining how to
respond to the requirement, the amount of time necessary to prepare the
response will vary from applicant to applicant. We estimate that, on
average, each response will require a local education agency program
specialist or agency grant specialist at \$24.00/hour 1.5 hours to
complete. (\$24.00 an hour X 1.5 Hours = \$36.00).**

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

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

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-   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.

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

Total Annualized Capital/Startup Cost : \$ .00

Total Annual Costs (O&M) : .00

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Total Annualized Costs Requested : \$ 282,914.00

**There are no costs to respondents beyond those described under number
12.**

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

**The annualized cost to the Federal Government will be minimal and will
vary from program to program. An applicant has discretion in determining
which barriers to access to, and participation in, its project need be
addressed in response to the GEPA Section 427 requirements. Thus, the
grade level of the Department employee reviewing the response will vary
and the number of hours it would take for the review will vary. We
estimate that, on average, for each response a GS-11 will review the
information collected for .5 hours. We estimate the annualized cost to
the Federal Government of responding to this requirement as \$
292,549.09: \$26.69 an hour X .5 hour X 21,922 (estimated number of new
discretionary and formula applications).**

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

The total number of respondents has increased from 21,200 to 21,922
accounting for the adjustment of 1,083 Burden Hours.

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

No plans exist to publish the results of this information collection.

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

We will display the expiration date on the GEPA Section 427 document.

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

**There are no exceptions to the certification statement.**

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

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

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

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

-   Statistical methodology for stratification and sample selection.

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-   Estimation procedure.

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

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-   Unusual problems requiring specialized sampling procedures, and

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

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

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

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

**This information collection does not employ statistical methodology.**