**P ublic**  **Burden Statement**

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection display s a valid OMB control number. Public reporting burden for this collection of informat ion is estimated to average 14.0 hours per school

survey response, and 4.2 hours per local educational agency survey response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and comple ting and reviewing the collection of information.

This collection is authorized under a number of federal statutes and regulations. Section 203(c)(1) of the 1979 Department of Education Organization Act convey s to the Assistant Secretary for Civil Rights the authority to “collect or coordinate the collection of data necessary to ensure compliance with civil rights laws within the jurisdiction of the Office for Civil Rights” (20 U.S.C. § 3413(c)(1) ) . The civil rights laws enforced by the OCR include: Tit le VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin; Title I X of the Education Amendments of 1972, which prohibits discrimination based on sex; and Section 504 of the Rehabilitation Act of 1973, w hich prohibits discrimination on the basis of disability . OCR’s implementing regulations for each of these statutes requires recipients of the Department’s federal financial assistance to submit to OCR “complete and accurate compliance reports at such tim es, and in such form and containing such information” as OCR “may determine to be necessary to enable [OCR] to ascertain whether the recipient has complied or is comply ing” with these laws and implementing regulations (34 CFR 100.6(b), 34 CFR 106.71, and 3 4 CFR 104.61). I n addition, pursuant to a delegation by the Attorney

General of the United States, OCR shares in the enforcement of Title I I of the Americans with Disabilities Act of 1990, which prohibits discrimination based on disability . Any data coll ection that OCR has determined to be necessary to ascertain or ensure compliance with these laws is mandatory

.

OCR also works with Department offices to help them effectively carry out programs of Federal financial assistance that the Secretary of Educat ion is responsible for administering. See generally , Sections 201, 202(g), 411(a), and 412 of the Department of Education Organization Act (20 U.S.C. §§ 3411, 3412(g), 3471(a), and 3472). OCR works with the Department’s Office of Elementary

and Secondary Education, which is responsible for administering the Elementary and Secondary

Education Act of 1965 (ESEA). Section 9533 of the ESEA (20 U.S.C. § 7913) prohibits discrimination in the administration of the ESEA in violation of the Fifth or Fourteenth

Am endments to the Constitution. I n addition, Section 9534 of the ESEA (20 U.S.C. § 7914) prohibits discrimination in funded programs on the basis of race, color, religion, sex (except as otherwise permitted under Title I X), national origin, or disability

. Thus, in addition to OCR's authority described above, the ESEA provides authority for the Department to mandate that LEAs respond to this data collection.

The obligation to respond to this collection is required to obtain or retain benefit. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC 202 02

- 453 6 or email I CDocketMgr@ed.gov and refer ence the OMB
Control Number XXXX

- XXXX. Note: Please do not return the completed Civil Right Data Collection survey to this address.