Title I , Part A, Grants to LEAs

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SUPPORTING STATEMENT FOR PAPERWORK REDUCTI ON ACT RENEWAL FOR T IT LE I, PART A, GRANTS TO LOCAL EDUCATIONAL AGENCIES
**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 auth orizing the collection of information.
A1. Title I , Part A (Title I) of the Elementary and Secondary

Education Act of 1965 (ESEA) , as amended by

the No Child L eft Behind Act of 2001 (NCLB) , and its regulations contain several existing provisions that requ ire S tate educational agencies (SEAs) , local educational agencies (LEAs), and schools to collect and disseminate information . The Paperwork Reduction Act (PRA) covers these activities , which are currently approved b y OMB under control number 1810

- 0581 through July

2015

. T he information collection requirements in the statute and final regulations include: Sections 1111(h)(1) and 1111(h)(2) of the ESEA ; and 34 C.F.R. §§ 200.6, 200.6 , 200.11 , 200.19, 200.26, 200.27, 200.29, 200.30, 200.31, 200.33, 200.34, 200.36, 200.37, 200.38, 200.39. 200.41, 200.42, 200.43, 200.45, 200.46, 200.47, 200.48, 200.49, 200.50, 200.51, 200.52, 200.53, 200.57, 200.61, 200.63, 200.70, 200.71, 200.72, 200.73, 200.74, 200.75, and 200.91. The relevant paragraphs of these r egulatory

provisions are specified in the table below. In addition, in 2011 the U.S. Department of Education ( ED ) invited each SEA to request flexibility on behalf of itself, its LEAs, and schools, in order to better focus on improving student academic a chievement and increasing the quality of instruction (ESEA flexibility ). The o pportunity

for SEAs to request ESEA flexibility also include d activities covered b y the PRA. Those information collection activities consist ed of the information an SEA must develop and submit to ED to request this flexibility , information that an SEA provided in an Accountability Addendum , and the information an SEA that receives ESEA flexibility must annually report to ED (reporting). Appro vals of SEA ESEA flexibility requests have occurred in several iterations: Window 1, for which SEAs submitted requests in November 2011; Window 2, for which SEAs submitted requests in February

2012; Window 3, for which SEAs submitted requests in September 2012; and Window 4, for which SEAs submitted requests in spring 2013. Generally , ED approved the requests of SEAs that requested flexibility in Windows 1 and 2 through the end of the 2013

– 2014 school year. ED is now inviting the 35 Window 1 and Window 2 SEAs to request a two

ye ar extension of the waivers granted through ESEA flexibility , through the end of the 2015

— 2016 school year. An SEA that requests an extension of ESEA flexibility must submit an updated ESEA flexibility request describing how it wi ll continue to meet the requirements of ESEA flexibility

. The purpose of this submission is to obtain emergency approval for the resubmission activities covered b y the PRA. These activities include an SEA’s addressing each of the required items describ ed in the ESEA flexibility renewal guidance (included in this package), providingTitle I , Part A, Grants to LEAs

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narrative responses within its currently approved ESEA flexibility request and attaching any new documentation or evidence where appropriate, and submitting the amended reque st to ED. In addition, an SEA must submit a completed ESEA flexibility renewal request form indicating where changes have been made in its ESEA flexibility request. The SEA may

also choose, but is not required, to amend its request to make changes necess ary to improve implementation going forward or to reflect more accuratel y implementation activities that have already occurred. Copies of the relevant ESEA flexibility documents are attached

. 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. SEAs, LEAs, and schools collect and disseminate the information to carry out the above

refer enced reporting requirements of Title I of the ESEA. The information is used to facilitate compliance with statutory and regulatory

requirements and to provide information to school communities (including parents), LEAs, SEAs and ED regarding activities r equired under Title I of the ESEA. With respect to ESEA flexibility , peer reviewers and ED staff evaluate d each SEA’s flexibility

request to inform the Secretary ’s determination of whether to approve an SEA’s request. Similarly, ED will use the informati on obtained during the renewal process to determine whether to extend an SEA’s ESEA flexibility waivers

. 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 tec hnology to reduce burden. A3. The regulations do not require or preclude LEAs and SEAs from using information technology

to reduce burden. In addition, as was the case with ESEA flexibility requests, ESEA flexibility renewal requests may be submitted to ED electronically or in hard copy . In an effort to reduce administrative burdens, ED i ndicates in the ESEA flexibility renewal guidance that electronic submission is the strongl y preferred method. Q4. Describe efforts to identify duplication. Show sp ecifically why any similar information already available cannot be used or modified for use of the purposes described in Item 2 above. A4. There is no duplication in the regulations or as a result of ESEA flexibility

. Q5. If the collection of information impacts small businesses or other small entities (Item 8b of IC Data Part 2), describe any methods used to minimize burden. A5. Small businesses have not been impacted b y this data collection nor will the changes impact them. The only

small entities affected by the regulations are small LEAs. Moreover, because SEAs are responsible for ensuring that the LEAs follow the statute and regulations, small LEAs will receive instructions and guidance from their SEA on exactly how to implement the requirements. This important SEA responsibility helps to minimize the burden on small LEAs. Concerning ESEA flexibility , all LEAs that receive Title I, Part A funds, including small LEAs,Title I , Part A, Grants to LEAs

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have the opportunit y to benefit from their SEA’s applying for this fl exibility . In sum, there is minimal burden on individual LEAs. 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 is not continued, SEAs , LEAs, and schools will not have information necessary

to carry out the applicable requirements of Title I of the ESEA. Moreover, many

of the innovations and reforms currentl y unde rway in many States and districts were not anticipated when NCLB was enacted. While NCLB helped SEAs and LEAs shine a bright light on the achievement gap and increased accountability for groups of high

- need students, it inadvertently

encouraged some State s to set low academic standards, failed to recognize or reward growth in student learning, and did little to elevate the teaching profession or recognize the most effective teachers. Instead of fostering progress and accelerating academic improvement, many NCLB requirements have unintentionally become barriers to State and local implementation of forward

- looking reforms designed to raise academic achievement

. Consequently , man y States have petitioned ED for relief from the requirements of current law. On e of the Secretary ’s highest priorities is to help ensure that Federal laws and policies can support these reforms and not hinder State and local innovation aimed at increasing the quality of instruction and improving student academic achievement. For the se reasons, ED offer ed each SEA the opportunity to request flexibility

on behalf of itself, its LEAs, and its schools, in order to better focus on improving student learning and increasing the quality

of instruction , and is now offering SEAs the opportunity to extend this flexibility . ED needs regular clearance of this information collection package to continue this important process. 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 a nd 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 respo ndents 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.Title I , Part A, Grants to LEAs

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A7. This collection is consiste nt with 5 CFR 1320(d)(2). 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 those 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 preclude consultation in a specific situation. These circumstances should be explained.
A8. ED is providing a public comment period through the emergency notice. In addition, as ED will be seeking regular approval of the information collection activities associated with the ESEA flexibility

extension requests , the public will have the opportunity to comment during the 60

- day period for the regular approval. This information collection is consistent with the statutory requirements that gover

n the waiver of a statutory or regulatory

requirement under Title I, Part A of the ESEA. Q9. Explain any decision to provide any payment or gift to respondents, other than renumeration of contractors or grantees.
A9. Neither the regulations nor ESEA flexibility require gifts or pay ments 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. Neither the regulations nor ESE A flexibility require an 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 j ustification 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 th eir consent. A11. Neither the regulations nor ESEA flexibility require questions of sensitive nature in this collection of information. Q12. Provide estimates of the hour burden of the collection of information. The statement should:Title I , Part A, Grants to LEAs

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 Indicate the numb er 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. Consulta tion 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 reason s 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 burde ns in Item 16 of IC Data Part 1

 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 info rmation 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. The ESEA flexibility

renewal process will change ED’s burden hour estimates for this collection that was approved in 2012. To estimate the revised burden , ED factored the ESEA flexibility renewal process for the Window 1 and Window 2 SEAs int o the currentl y approved burden, which ED expects to be less burdensome than th e initial request process. The estimated burden is reduced from 4 , 7 12 , 193 hours in the currently approved collection to 4,707,785 hours

. At this time ED is not proposing to modify an y other estimates in this collection , except to account for the 40 SEAs that already have approved requests

. The following tabular summaries provide details on the updated estimated burden for SEAs, LEAs, and schools

.Title I , Part A, Grants to LEAs

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**Burden in Hours and Dollars**

**Title I Regulations Burden Hours/Cost for SEA s** 

**Citation Description**  **# of respondents**  **Av erage #** 

**of Hours per**  **Respondent Total Hours**  **Total Cost (Total Hours x**  **$30.00)** Section 1111(h)(1) Prepare and

disseminate State report card 52 370 19,240 $577,200

200.6(b)(4)(i)(C) Report number of

recently arrived LEP students who are not assessed on the State's reading/language arts assessment 52 1 52 $1,560

200.6(a)(4) Report number

and percentage of students with disabilities taking assessments described in the regulations 52 1 52 $1,560

200.45 SEA must notify

LEA of its decision within 30 days of receiving a request to waive the supplemental service requirement 9 10 90 $2,700

200. 47(a)(1) (ii) Annual notice to

potential supplemental services providers 9 16 144 $4,320

200.47 (a)(3) Maintain updated

list of approved providers 9 100 900 $27,000
200.47(a)(4) Develop,

im plem ent and publicly report on standards and techniques for mo nitoring the qualit y and effectiveness of the services offered by each approved provider 9 240 2,160 $64,800Title I , Part A, Grants to LEAs

7 **Title I Regulations Burden Hours/Cost for SEA s**  200.57 Revise, as

appropriate, plan to ensure that all teachers of core academic subjects are highly qualified. 9 80 720 $21,600

200.11(c) Add NAEP data

to SEA report cards and developing tool for parents to com pare NAEP and State assessment data 52 24 1,248 $37,440

200.19 (b)(1) Beginning with

report cards providing assessment results for SY 2010

- 11, calculate the four

ye ar adjusted cohort graduation rate, and, if option is selected by the State, the extended

- ye ar adjusted cohort graduation rate 52 286 14,872 $446,160

200.39(c)(2) Post the

information listed in §200.39(c)(1) for LEAs that do not operate their own W eb site 9 5 45 $1,350

200.47(a)(1)(ii)(B) Posting on the

SEA’s W eb site an amount equal to 20 percent of each LEA’s Part A allocation and the per

- pupil am ount available for SES 9 2 18 $540

200.47(a)(3)(ii) Indicate on the

list those providers able to serve students with disabilities or lim ited English proficient students 9 2 18 $540Title I , Part A, Grants to LEAs

8 **Title I Regulations Burden Hours/Cost for SEA s**  200.47(a)(4)(iii) Develop,

im plem ent and publicly report on standards and techniques for mo nitoring LEAs’ im plem entation of the SES requirements 9 40 360 $10,800

200.48(d)(3) Review of LEAs'

records 9 33 297 $8,910 200.48(d)(4) Review LEA

request to use unexpended funds 9 28 252 $7,560

ESEA flexibility Obtain and

submit LEA comments 52 24 1,248 $37,440

ESEA flexibility Develop and

submit initial flexibility request and respond to ED’s questions about request 12 240 2,880 $ 86,400

ESEA flexibility Update ESEA

flexibility request and respond to ED's questions during renewal process 35 180 6,300 $189,000

ESEA flexibility Subm it ESEA

flexibility renewal form 35 16 560 $16,800

ESEA flexibility Am end

Accountability Wo rk book and submit am endm ents to approved flexibility request , as appropriate 52 80 4,160 $124,800Title I , Part A, Grants to LEAs

9 **Title I Regulations Burden Hours/Cost for SEA s**  ESEA flexibility Reporting 52 80 4,160 $124,800

**Total 59,776**  **$1,793,280**

**Title I Regulations Burden Hours/Cost for LEA s** 

**Citation Description**  **# of respondents**  **Av erage # of** 

**Hours per Respondent**  **Total Hours**  **Total Cost (Total Hours x $25.00)**  Section 1111(h)(2) Prepare and disseminate LEA report card 13087 16 209,392 $5,234,800 200.34, 200.43 Prepare, and make arrangements to im plem ent, a restructuring plan for schools that do not me et AYP after one full ye ar in corrective action 179 800 143,200 $3,580,000

200.36, 200.37, 200.38 and 200.46 Notify parents when schools are identified for im provement, corrective action, or restructuring; publish and disseminate information on any action taken by the school and LEA to address the problems that lead to such identification. 983 8 7,864 $196,600

200.52 Develop or revise im provement plan if identified for improvement. 79 800 63,200 $1,580,000

200.61(a) Notify parents that they can request information about the professional qualifications of their child’s classroom teacher. 13087 10 130,870 $3,271,750Title I , Part A, Grants to LEAs

10 **Title I Regulations Burden Hours/Cost for LEA s**  200.63(c)(1) Maintain records on consultation with private school officials. 13087 6 78,522 $1,963,050

200.11(c) Adding NAEP data to LEA report cards 13628 24 327,072 $8,176,800 200.19(b)(1)(ii)(B)(1) Documentation that a student has transferred out

– tha t the student has enrolled in another school or other educational program that culminates in the award of a regular high school diploma 13628 50 681,400 $17,035,000

200.37(b)(5)(ii)(C) Providing notice to parents that their children are eligible for SES and describing the benefits of SES 379 12 4,548 $113,700

200.39(c)(1) Provide information on public school choice and SES 983 25 24,575 $614,375
200.48(d)(3) Maintain records that the criteria are met and meet requirements for informing SEA 737 12 8,844 $221,100

200.48(d)(4) Apply to SEA to use unexpended funds 28 12 336 $8,400
**Total 1,679,823**  **$41,995,575**

**Title I Regulations Burden Hours/Cost for Schools**

**Citation Description**  **# of respondents Av**  **erage # of Hours per Respondent**  **Total Hours Total Cost**  **(Total Hours x $25.00)**  200.26, 200.27 Conduct needs

assessment/Develop com prehensive schoolwide plan 680 1,000 544,000 $13,600,000

200.29(d)(2) Maintain records

dem onstrating that it addresses the intents and purposes of each Federal program included. 37,039 6 177,786 $4,444,650Title I , Part A, Grants to LEAs

11 **Title I Regulations Burden Hours/Cost for Schools** 200.39, 200.41, 200.42/ESEA flexibility, as appropriate Newly identified schools

develop school im provement plan; or, as appropriate, focus and priorit y schools not previously identified for im provement under section 1116 of ESEA plan for interventions con sistent with ESEA flexibility. 2,340 960 2,246,400 $56,160,000

**Total 2,968,186**  **$74,204,650**Title I , Part A, Grants to LEAs

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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 1 2 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 c apital 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. Not a

pplicable. 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, a nd 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:  The cos t to the Federal government would be to review selected data related to Title Ithat each State submits to EDFacts

. Two people, GS

- 13, four hours, X 52 SEAs = 416 hours X 34.34 per hour=$14,285.  For ESEA flexibility , the re are costs for peer reviewers and ED staff to review StateTitle I , Part A, Grants to LEAs

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requests for this flexibility and for ED staff to review reported data on the implementation of these waivers and key principles. We estimate a cost of $ 1.2 million for those activities

. Total cost = $1, 21 4,285Title I , Part A, Grants to LEAs

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Q15. Explain the reasons for any program changes or adjustments to #16f of the IC Data Part 1 Form.
A15. This is a program change, with a reduction in burden hours. The change in burden hours is due primaril y to the upco ming ESEA flexibility renewal process

. 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 or use of complex an aly

tical techniques. The needs assessment and service delivery plan need to be implemented at least once during the current period of authorization for ESEA. The program evaluation needs to be implemented biennially during the current period of authorization for ESEA. 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. No request is being made to not display the expiration date for OMB approval of the information collection

. Q18. Explain each exception to the certification statement identified in the Certification of Paperwork Reduction Act. A18. There were no proposed exceptions to the certifications.
**B. Collections of Information**  **Employing Statistical Methods** The regulations do not require that statistical methodology be employed.