Supporting Statement for Paperwork Reduction Act Submission

**ANNUAL STATE APPLICATION UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT AS AMENDED IN 2004 FOR FEDERAL FISCAL YEAR
\_\_\_\_\_\_**

# **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.** This is a request for full clearance of the *Annual State
Application under Part B of the Individuals with Disabilities Education
Act as Amended in 2004 for Federal fiscal year.* The Individuals with
Disabilities Education Act, when signed on December 3, 2004, became PL
108-446. In accordance with 20 U.S.C. 1412(a) a State is eligible for
assistance under Part B for a fiscal year if the State submits a plan
that provides assurances to the Secretary that the State has in effect
policies and procedures to ensure that the State meets each of the
conditions found in 20 U.S.C. 1412. Information Collection 1820-0030
allows a State to provide the required assurances indicating that it
either has or does not have in effect policies and procedures to meet
the eligibility requirements of Part B of the Act as found in PL
108-446.

> It should be noted that the requirements for the Annual State
> Application, as outlined in this request, are adequate to meet the
> reporting requirements for eligibility under 20 U.S.C. 1419. In fact,
> the Department of Education uses the information provided by States
> for eligibility for 20 U.S.C. 1412 in order to determine eligibility
> under 20 U.S.C. 1419. Therefore, it is the Department's intent to
> cover under the Paperwork Reduction Act by this submission the
> relevant State eligibility provisions for both 20 U.S.C. 1412 and 20
> U.S.C. 1419. Information Collection 1820-0030 corresponds with 34 CFR
> §§ 300.100-176; 300.199; 300.640-645; and 300.705. These sections
> include the requirement that the Secretary and local educational
> agencies located in the State be notified of any State-imposed rule,
> regulation, or policy that is not required by this title and Federal
> regulation.
>
> This collection is conducted in a manner that is consistent with the
> guidelines in 5 CFR §1320.5.

***Q2.** Indicate how, by whom, and for what purpose the information is
to be used. Except for a new collection, indicate the actual use the
agency has made of the information received from the current
collection.*

**A2.** The information gathered through Information Collection
1820-0030 will be used by the Monitoring and State Improvement Planning
Division (MSIPD), OSEP, to assist in determining: grant eligibility for
each State. The information will be evaluated by Education Program
Specialists to identify State and national needs for services required
to meet the FAPE requirement for children with disabilities (Part B, 20
U.S.C. 1412) and to provide to Congress and to the general public
programmatic information, as appropriate.

***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.** States continue to use computerized data bases to reduce the
burden. States may submit any required information or revisions to the
State application electronically.

***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 Annual State Application was reviewed by the EDFacts team
(Office of Planning, Evaluation and Policy Development) and Regulatory
Information Management Services (Office of Management). This application
has been determined to be \"unEDENable\" and not to duplicate any other
collection.

**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.** The information requested does not involve the collection of
information from entities classified as small business.

***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.** Items 1, 2, and 4 would not be accomplished unless directed by
Federal statute.

**Q7.** Explain any special circumstances that would cause an
information collection to be conducted in a manner:

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

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

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

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

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

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

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

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

**A7.** There are no special circumstances that would cause an
information collection to be conducted as described in the bulleted
items. This collection is conducted in a manner that is consistent with
the guidelines in 5 CFR 1320.5.

***Q8.** If applicable, provide a copy and identify the date and page
number of 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.** Comments will be solicited when this collection is posted on
EDICS. OSEP will respond to and consider comments prior to submission
for final OMB approval.

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

**9A.** There are no payments or gifts to respondents other than the
funds they receive under the formula mandated for this program.

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

**10A.** The statute requires no assurance of confidentiality.

***11Q.** 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.*

**11A.** There are no questions of a sensitive nature.

***12Q**. 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.*

**12A.** There are 60 respondents who, under PL 108-446, are required to
submit the Part B Annual State Application if Federal funds are
received. The data burden is expected to require an average of 12 hours
per respondent. The burden estimate is: 60 respondents X 12 hours to
submit the Annual State Application that equals an estimated total of
720 hours.

> The estimated cost of preparing the State application is \$8640. The
> response time per response (estimated at 12 hours) is multiplied by
> the number of respondents (60) multiplied by the average hourly salary
> (estimated at \$12).

***13Q.** 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 rates(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.*

**13A.** There are no start-up costs, or costs in addition to those
described in item 12. There are no anticipated costs for operation,
maintenance, or purchase of services that are imposed on States by these
requirements, other than those noted above.

> **14Q.** *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.*

**14A.** The overall cost to the Federal Government will be greatly
reduced since States are now required to submit only assurances.

***15Q.** Explain the reasons for any program changes or adjustments
reported in Items 12 or 14 of the OMB Form 83-I.*

**15A.** No program changes or adjustments were reported in Items 12 and
14.

***16Q.** 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.*

**16A.** The information in the State application is not published.

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

**17A.** There is no request to ask for an approval not to display the
expiration date.

***18Q.** Explain each exception to the certification statement
identified in Item 19, "Certification for Paperwork Reduction Act
Submissions," of OMB Form 83-I.*

**18A.** There are no proposed exceptions to the certifications.

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

This collection does not require that statistical methodology be
employed.