1

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 **SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT SUBMISSION**  EDICS Tracking and OMB Number: ( 04 569 ) 1820 - 0578

Revised 3/ 18 /2013 

### A. Justification 1. Explain the circumstances that make the collection of information necessary. I dentify any legal or administrative requirements that necessitate the collection. Attach a hard copy of the appropriate section of each statute and regulation mandating or auth orizing the collection of information , or you may provide a valid URL link or paste the applicable section
. Please limit pasted text to no longer than 3 pages. Specify the review ty pe of the collection (new, revision, extension, reinstatement with change, reinstatement without change) . If revised, briefl y specify the changes. If a rulemaking is involved, make note of the sections or changed sections, if applicable. This is a request for review and approval of a revision to the currentl y approved Part C State Performance Plan (Part C SPP) and Annual Performance Report (Part C APR) [Information Collection 1820
- 0578/Expiration Date: 8/31/2014). In accordance with 20 U.S.C. 1416(b)(1) and 20 U.S.C. 1442, not later than one ye ar after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) , each Lead Agency

must have in place a Part C SPP that evaluates the Lead Agency’s efforts to implement the requirements and purposes of Part C and describe how the Lead Agency will improve such implementation. ID EA sections 616(b)(1)(C) and 642 require each State to review its SPP at least once every six y ears. Inaccordance with 20 U.S.C. 1416(b)(2)(C)(ii) the Lead Agency must report annually to the public on the performance of each early

intervention service (EI S) 1 program located in the State on the targets in the Lead Agency ’s performance plan. The Lead Agency also must annually submit a Part C APR to the Secretary

on the performance of the State under the Lead Agency ’s performance plan. The final regulations may be accessed at this link
- http://idea.ed.gov/part
- c/regulations/1
. This collection is conducted in a manner that is consis tent with the guidelines in 5 CFR 1320.5. Each State submitted its SPP, including targets through FFY 2009 , in December 2005. In 2011, to meet the requirement set forth in IDEA s ection s 616(b)(1)(C) and 642 to review the SPP every

six y ears, and in the ab sence of IDEA reauthorization, OSEP proposed to

1 Early intervention service program (EIS program) means an entity designated by the lead agency for reporting under section 616 (b)( 2)(C) of the Act.2

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 make no major changes to the SPP, e.g., significant revisions to indicators. 2 Therefore, each State extended its targets and improvement activities through FFY 2012. In 201 2 , OMB approved burden
- reducing te chnical amendments to 1820
- 0578 to conform with similar revisions to collection 1820
- 0624 (Part B SPP/APR). With this request, OSEP is proposing to further reduce reporting burden within the parameters of the current IDEA statutory and regulatory

requireme nts. See OSEP’s answer to Question 12 for a full explanation. 2. Indicate how, b y 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. As required b y IDEA sections 616(b)(1)(A) and 642, each State must have in place a SPP that evaluates the State's efforts to implement the requir e ments and purposes of Part C of the IDEA, and describes how the State will improve its imp lementation. IDEA s ection 616(b)(2) requires that the State report annuall y to the Secretary on its performance under the Part C SPP . Specifically , the State must report, in its APR, on its progress in meeting the measurable and rigorous targets it estab lished in its SPP. ID EA s ection s 616(d) and 642 require that the Department review the APR each ye ar. Based on the information provided in the State's APR, information obtained through monitoring visits, and any other public information, the Department will determine if the State: “ Meets r equirements ” and purposes of the IDEA or “Needs Assistance ,” “ Needs Intervention ,” or “Needs Substantial Intervention ” in implementing the requirements of the IDEA
. 3. Describe whether, and to what extent, the collection of information involves the use of automated, e lectronic, 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 consideratio n given to using technology to reduce burden. Lead Agencies may

complete and mail a cop y of the SPP/APR to the Office of Special Education Programs or submit electronicall y to OSERS.capr@ed.gov
. Additionally , OSEP is currently

developing an online SPP/APR submission mechanism. It is anticipated that the s ys tem will be operational for the FFY 2012 (February 2014) SPP/APR submission allowing for a limited pilot. States will be required to submit using the online sy s tem beginning with the FFY 2013 (February 2015) SPP/APR submission. 4. Describe ef

forts to identify

duplication. Show specificall y wh y an y similar information alread y available cannot be used or modified for use for the purposes described in Item 2 above.

2 Many of the indicators that stakeholders suggested be removed or changed significantly are prescribed by statute, and in the absence of Congressional action, may not be removed.3

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 S ince 2005, a ll Lead Agencies have completed and submitted seven APRs
. Beginning with the APR to be submitted in February 2015 , a combined Part C SPP/APR is taking the place of the previous APR (see Answer 12)
. This proposed revision will eliminate duplicate reporting in the SPP and in the APR on the State’s targets and discussion of improvement activities completed. Inaddition, w ith the proposed revision of this collection , the Department would allow Le ad Agencies to use data alread y col lected for other purposes whenever possible. The SPP/APR provides States an opportunity to analyze and explain data that the State is required to report annually under IDEA sections 618 and 642; i.e., number of infants and toddlers served, settings where services are provided. OSEP submitted technical amendments in October 2012 to 1820
- 0578 that removed two indicators

– Indicators 10 (State complaint timelines) and 11 (due process hearing timelines)
- as OSEP is able to evaluate State performance without the information provided in the indicators. OSEP is currentl y proposed to eliminate In dicators 9 and 14 because, as with Indicators 10 and 11, OSEP is able to evaluate State performance in these areas (monitoring and data collection) without the informat ion provided in th ose indicators. ( See Question 12 for more information. ) 5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. A small entity may be (1) a small business which is deemed to be one that is independently owned and operated and that is not dominant in its field of operation; (2) a small organization that is any not - for
- profit enterprise that is independentl y owned and operated and is not dominant in its field; or (3) a small government jurisdiction, which is a government of a city, count y, town, township, school district, or special district with a population of less than 50,000. The information requested does not involve the collection of information from entities cla ssified as small business. 6. Describe the consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequentl y, as well as an y technical or legal obstacles to reducing burden. Activities described in answer s A1 and A2 would not be completed and OSEP would be in violation of section 616 of the IDEA, if this collection was not conducted
. 7. Explain any

special circumstances that would cause an information collection to be conducted in a manner:
 requiring respond ents to report information to the agency more often than quarterl y;  requiring respondents to prepare a written response to a collection of information in fewer than 30 day s after receipt of it;
 requiring respondents to submit more than an original and two copies of any document;4

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013
 requiring respondents to retain records, other than health, medical, government contract, grant - in
- aid, or tax records for more than three y ears;  in connection with a statistical survey , that is not designed to produce valid and rel iable results than can be generalized to the universe of study;  requiring the use of a statistical data classification that has not been reviewed and approved b y 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 that 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. There are no special circumstances that would cause an information collection to be conducted as described in the bulleted items. 8. As applicable, state that the Department has published the 60 and 30 day Federal Register notices as required b y 5 CFR 1320.8(d), soliciting comme nts 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. Specificall y 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 an y), 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 y ears – 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. In formation collection 1820
- 0 578 will be placed in the Federal Register as a part of this approval of the revision to a currently
- approved collection. We will address comments received prior to final OMB approval. 9. Explain any

decision to provide any

pay ment or gift to respondents, other than remuneration of contractors or grantees with meaningful justificati on . This collection does not require gifts or pay ments to be made to respondents. 10. Describe an y assurance of confidentialit y provided to respondents and the basis for the assurance in statute, regulation, or agency policy . If personally

identifiable inform ation5

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 (PII) is being collected, a Privacy Act statement should be included on the instrument. Please provide a citation for the Sy stems of Record Notice and the date a Privacy Impact Assessment was completed as indicated on the IC Data Form . A confidential ity statement with a legal citation that authorizes the pledge of confidentiality should be provided. Requests for this information are in accordance with the following ED and OMB policies: Privacy

Act of 1974, OMB Circular A
- 108

– Privacy Act Implementati on – Guidelines and Responsibilities, OMB Circular A
- 130 Appendix I

– Federal Agency Responsibilities for Maintaining Records About Individuals, OMB M
- 03
- 22

– OMB Guidance for Implementing the Privacy Provisions of the E
- Government Act of 2002, OMB M
- 06
- 15

– Safeguarding Personall y Identifiable Information, OM:6
- 104

– Privacy Act of 1974 (Collection, Use and Protection of Personally I dentifiable Information)
. If the collection is subject to the Privacy Act, the Privacy

Act statement is deemed sufficient with respect to confidentiality . I f there is no expectation of confidentiality , simply state that the Department make s no pledge about the confidentiall y of the data. No assurance of confidentiality is provided to respondent Lead Agencies. However , under 20 U.S.C. 1416(b)(2)(C)(iii) , a State must not report to the public or the Secretary any information on performance that would result in the disclosure of personally identifiable information about individual children or where the available data is insuffi cient to yield statistically reliable information. All data provided in the APR are aggregated at the State level. 11. Provide additional justification for an y questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and oth er 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 informati on is requested, and an y steps to be taken to obtain their consent. There are no questions of a sensitive nature. 12. Provide estimates of the hour burden of the collection of information. The statement should:
 Indicate the number of respondents by affected public ty

pe (federal government, individuals or households, private sector

– businesses or other for
- profit, private sector

– not - for
- profit institutions, farms, state, local or tribal governments), frequency of response, annual hour burden, and an explanation of how the burden was estimated, including identification of burden ty pe: recordkeeping, reporting or third party

disclosure. All narrative should be included in item 12. 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 , s how 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.6

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in the ROCI S IC Burden Analy sis Table. (The table should at minimum include Respondent types, IC activity , Respondent and Responses, Hours/Response, and Total Hours)
 Provide estimates of annu alized 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. In previous versions of this collection, SPP and APR burden hours were calculated separately . The overall estimated SPP burden was 10,080 hours (180 hours per respondent times 56 respondents). With this request, OSEP is proposing to eliminate the separate reporting requirements for the SPP and the APR. Therefore, OSEP will immediately

eliminate 10,080 reporting burden hours. The Interagency

Coordinating Council (ICC) reviews and certifies the L ead A genc y’s report, and either agrees or disagrees with the Report. In either case, the I CC may wish to provide additional comments related to the SPP /APR by appending comments. The estimate will be 2 hours to review, certify , and add comments as needed. Total b urden hours for the SPP/APR (submitted annually) will be 56 respondents times 1 1 00 hours (or 100 hours per indicator) , which equals 61 , 600 hours , a reduction of 43,200 hours from the currentl y approved burden hours
. The following proposed revisions account for the significant reduction in burden hours

– 1) States are no longer required to provide a discussion of

– a. SPP development; b. State sy stem by

indicator; c. Baseline data; d. Improvement activities completed; and e. Revisions to Improvement Activities, timelines, and resources. 2) States must only

report on slippage if the State does not meet its target for the reporting year. 3) States are no longer required to report on Improvement Activities per indicator; rather States will present a comprehensive State S y stemic Improvement Plan (SSIP) (Proposed Indicator 11). 4) States must only

report on Improvement Activities for indicators where the State does not meet its target. 5) Eliminating Indicators 9 and 14
. As a result of these revisions, respondents will be requ ired to report on 1 1 SPP/APR indicators, instead of the currentl y approved 12 indicators , which is a reduction from the original 14 indic ators . The measurement table attached to this package reflects these revisions and the revised numbering.7

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 Of the total 1 100 hours, it is estimated that 1020 hours will be spent planning the report, 40 hours will be spent writing the report, and 40 hours will be spent ty ping and compiling the report. The estimated cost burden to public agencies of preparing the APR is $ 1 , 8 48 , 0 00 annually . The estimated total cost burden is reached by multiplying the hours of response ( 1 100 ) b y the number of responses (56) and then multiplying the newly obtained product by the average hourl y pay rate ($30) of the staff preparing the report. 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, maintain ing, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including s ys tem and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over wh ich 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 acquiring and maintaining record storage facilities.
 If cost estimates are expected to vary widel y, 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 anal ys is associated with the rule making 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 as sociated 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. Also, these estimates should not include the hourly

costs (i .e., the monetization of the hours) captured above in Item 12 Total Annualized Capital/Startup Cost: Total Annual Costs (O&M): Total Annualized Costs Requested: Lead A gencies have been preparing an Annual Performance Report for the past seven ye ars. Therefore, there are no start
- up costs . There are no anticipated costs for operation,8

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 maintenance, or purchase of services that are imposed on States by these requirements, other than those noted above. 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 an y other expense that would not have been inc urred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table. The estimated cost to the Federal Government is the staff time to review and anal yz e the reports. It is estimated that i t will take 10 hours of staff time to review each of the 56 responses, which equals 560 hours. The 560 hours is multiplied by the average hourl y rate of pay

for each reviewer ($36), to equal an estimated cost to the Federal Government of $ 20,160 .00. 15. Expl ain the reasons for any program changes or adjustments. Generall y, adjustments in burden result from re
- estimating burden and/or from economic phenomenon outside of an agency ’s control (e.g., correcting a burden estimate or an organic increase in the size of the reporting universe). Program changes result from a deliberate action that materiall y changes a collection of information and generall y are the result of new statute or an agency action (e.g., changing a form, revising regulations, redefining the res pondent universe, etc.). Burden changes should be disaggregated b y t ype of change (i.e., adjustment, program change due to new statute, and/or program change due to agency discretion), ty

pe of collection (new, revision, extension, reinstatement with change , reinstatement without change) and include totals for changes in burden hours , responses and cost s (if applicable)
. The changes in Items 12 and 14 reflect program changes and a burden decrease due to Agency Discretion. These revisions are fully explained in Items 12 and 14. 16. For collections of information whose results will be published, outline plans for tabulation and publication. Address an y complex anal yt ical techniques that will be used. Provide the time schedule for the entire project, including b eginning and ending dates of the collection of information, completion of report, publication dates, and other actions. The collection of information does not require publication of the information or use of complex analy

tical techniques. 17. If seeking appro val to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate. There is no request to ask for an approval not to display the expiration date.9

EDI CS Tracking and OMB Number: ( 04569 ) 1820
- 0578 Revised: 3/18 /2013 18. Explain each exception to the ce rtification statement identified in the Certification of Paperwork Reduction Act. There are no proposed exceptions to the certifications. **B. Collections of Information Employing Statistical Methods**  This collection does not require that statistical methodology be employ ed.