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###### Department of Education

          - [Docket No.: ED-2023-SCC-0179]

# AGENCY:

Office of Civil Rights (OCR), Department of Education (ED).

# ACTION:

Notice.

# SUMMARY:

In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension of a currently approved information collection request (ICR).

# DATES:

Interested persons are invited to submit comments on or before November 28, 2023.

# ADDRESSES:

                        To access and review all the documents related to the information collection listed in this notice, please use                         *http://www.regulations.gov*                         by searching the Docket ID number ED-2023-SCC-0179. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at                         *http://www.regulations.gov*                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the                         *regulations.gov*                         site is not available to the public for any reason, the Department will temporarily accept comments at                         *ICDocketMgr@ed.gov.*                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Manager of the Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 4C210, Washington, DC 20202-8240.                    

# FOR FURTHER INFORMATION CONTACT:

For specific questions related to collection activities, please contact Alejandro Reyes, 202-245-7272.

# SUPPLEMENTARY INFORMATION:

                    The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in                           ( print page 67267)                        response to this notice will be considered public records.                

*Title of Collection:*                     Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.                

*OMB Control Number:*                     1870-0505.                

*Type of Review:*                     An extension of a currently approved ICR.                

*Respondents/Affected Public:*                     Private Sector; State, Local, and Tribal Governments.                

*Total Estimated Number of Annual Responses:*                     119,860.                

*Total Estimated Number of Annual Burden Hours:*                     1,892,188.                

*Abstract:*                     This is a renewal of an existing collection under OMB Control No. 1870-0505. This collection was originally submitted by the U.S. Department of Education (the Department) in December 2018 in connection with a Notice of Proposed Rulemaking for the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance to propose amendments to the Department's implementing regulations for Title IX of the Education Amendments of 1972. (ICR Reference No. 201811-1870-001). The Department finalized its rulemaking in May 2020 and the ICR was approved by OMB on December 8, 2020 (ICR Reference No. 202005-1870-001). The ICR is scheduled to expire on December 31, 2023. The regulations that require the collection of information are set forth below.                

Section 106.45(b)(2) Notice of Allegations requires all recipients, upon receipt of a formal complaint, to provide written notice to the complainant and the respondent, informing the parties of the recipient's grievance process and providing sufficient details of the sexual harassment allegations being investigated. This written notice will help ensure that the nature and scope of the investigation, and the recipient's procedures, are clearly understood by the parties at the commencement of an investigation.

Section 106.45(b)(9) Informal resolution requires that recipients who wish to provide parties with the option of informal resolution of formal complaints, may offer this option to the parties but may only proceed by: first, providing the parties with written notice disclosing the sexual harassment allegations, the requirements of an informal resolution process, any consequences from participating in the informal resolution process; and second, obtaining the parties' voluntary, written consent to the informal resolution process. This provision permits—but does not require—recipients to allow for voluntary participation in an informal resolution as a method of resolving the allegations raised in formal complaints without completing the investigation and adjudication. Additionally, recipients may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Section 106.45(b)(10) requires recipients to maintain certain documentation regarding their Title IX activities. Recipients would be required to maintain for a period of seven years records of: sexual harassment investigations, including any determination regarding responsibility and any audio or audiovisual recording or transcript required under § 106.45(b)(6)(i), any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the recipient's education program or activity; any appeal and the result therefrom; any informal resolution; and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. Additionally, for each response required under § 106.44(a), a recipient must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.

Dated: September 25, 2023.

Stephanie Valentine,

PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development.

[FR Doc. 2023-21467 Filed 9-28-23; 8:45 am]

BILLING CODE 4000-01-P