1

SUPPORTING STATEMENT

FOR PAPERWORK REDUCTION ACT SUBMISSION

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 hard copy of the 

appropriate section of each statute and regulation mandating or authorizing the collection of 

information, or you may provide a valid URL link or paste the applicable section1. Specify the 

review type of the collection (new, revision, extension, reinstatement with change, reinstatement 

without change). If revised, briefly specify the changes. If a rulemaking is involved, make note 

of the sections or changed sections, if applicable.

A1. OMB Information Collection 1820-0600 reflects the provisions in the Act and the Part B 

regulations requiring States and/or local educational agencies to collect and maintain information 

or data and, in some cases, report information or data to other public agencies or to the public. 

However, such information or data is not reported to the Secretary. The following table 

describes the information under Part B of the Individuals with Disabilities Education Act (IDEA) 

to be collected or maintained and the legal requirements for each collection. This submission 

reflects an extension of a currently approved collection. 

Required Collection Statutory Authority Regulatory Authority

LEA consultation with private school 

representatives. Each LEA must 

provide to private school officials a 

written explanation of the reasons why 

the LEA chose not to provide services 

directly or through a contract and the 

LEA must obtain a written affirmation 

signed by the representatives of 

participating private schools that timely

and meaningful consultation has 

occurred and forward the 

documentation of the consultation 

process to the State educational agency

(SEA)

20 U.S.C. 

1412(a)(10)(A)(iii) and 

(iv)

§§300.134 and 300.135

Private school complaint of 

noncompliance with consultation 

requirements. A private school official 

may submit a complaint to the SEA that 

20 U.S.C. 

1412(a)(10)(A)(v)

§300.136

 

1

Please limit pasted text to no longer than 3 paragraphs.
2

Required Collection Statutory Authority Regulatory Authority

the LEA did not engage in consultation 

that was meaningful and timely, or did 

not give due consideration to the views 

of the private school official. 

Number of children with disabilities 

enrolled in private schools by their 

parents. Each LEA must maintain in its 

records and annually provide to the 

SEA the number of children enrolled in 

private schools by their parents that are 

evaluated by the LEA to determine 

whether they are children with 

disabilities under IDEA, the number of 

children determined to be children with 

disabilities under IDEA, and the 

number of children receiving special 

education and related services in 

accordance with 20 U.S.C. 

1412(a)(10)(A). 

20 U.S.C. 

1412(a)(10)(A)(i)(V)

§300.132

State plan for high cost fund. Any State 

educational agency (SEA), not later 

than 90 days after the State chooses to 

reserve funds under 20 U.S.C. 

1411(e)(3)(C)(ii) shall annually review, 

and amend as necessary, a State plan for 

the high cost fund.

20 U.S.C. 

1411(e)(3)(C)(ii)

§300.704

Free and low-cost legal services. Each 

public agency shall inform the parent of 

any free or low-cost legal and other 

relevant services available in the area if 

the parent requests the information or 

the parent or agency requests a hearing 

under this part. 

20 U.S.C. 1415(b)(6) §300.507

List of hearing officers and mediators. 

Each State receiving funds under Part B 

must maintain a list of individuals who 

are qualified mediators and 

knowledgeable in laws and regulations 

relating to the provision of special 

education and related services. Each 

public agency must maintain a list of 

individuals who serve as hearing 

officers, along with the qualifications of 

each of these individuals. (This 

information was included in previous 

20 U.S.C.1415(e)(2)(C) §300.506 and 300.511
3

Required Collection Statutory Authority Regulatory Authority

OMB Collection 1820-0509)

State complaint procedures. Each SEA 

participating in the program funded 

under Part B must adopt written 

procedures for receiving and resolving 

complaints alleging that the State 

(grantee) or a sub grantee is violating a 

Part B statutory or regulatory

requirement. (This information was 

included in former OMB Collection 

0599)

20 U.S.C. 1221 e-3 §§300.151-300.153

LEA application under Part B.

LEAs and eligible state agencies must 

submit a plan to the SEA that provides 

assurances that the LEA meets specified 

requirements for assistance under Part 

B and the regulations and, if applicable, 

annually report to the SEA on the 

number of students served under 20 

U.S.C. 1413(f) and the number of 

students served under 20 U.S.C.20 

1413(f) who subsequently receive 

special education and related services in 

Part B during the preceding 2-year 

period, if the LEA develops and 

maintains coordinated, early intervening 

services under 20 U.S.C. 1413(f). 

(Note: This incorporates information 

from the information collection in the 

NPRM titled Early Intervening Services 

Annual Report). Included in this 

collection is the requirement that a 

parent of a child with a disability must 

be provided a copy of the procedural 

safeguard notice only one time a year 

(except one shall be provided upon 

referral or request for an evaluation, 

filing a due process complaint, or upon 

request). 

20 U.S.C. 1413(f)

20 U.S.C. 1415(d)

§§300.201-300.213, 

§300.224, §300.226, 

and §300.504.

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.
4

A2. The information is used by State educational agencies (SEAs) and local educational 

agencies (LEAs) and is not collected by the U.S. Department of Education.

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 given to using 

technology to reduce burden.

A3. LEAs and SEAs are encouraged to use computer technology when feasible and cost 

effective. We estimate that approximately 70% of the information gathered through this 

collection will be collected electronically. There are no technical or legal obstacles to reducing 

the burden to LEAs and SEAs. 

Q4. Describe efforts to identify duplication. Show specifically why any similar information 

already available cannot be used or modified for use for the purposes described in Item 2 above.

A4. Duplication of this collection does not exist.

Q5. 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 independently

owned and operated and is not dominant in its field; or (3) a small government jurisdiction, 

which is a government of a city, county, town, township, school district, or special district with a 

population of less than 50,000.

A5. This collection does not involve small businesses.

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 conducted, SEAs, LEAs and schools will not have 

information necessary to carry out the requirements of the law. 

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;
5

 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 than 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 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.

A7. This section is not applicable. No data or information is submitted to the U.S. Department 

of Education. Information collection methods and timing is at the discretion of the States.

Q8. As applicable, state that the Department has published the 60 and 30 Federal Register 

notices as 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 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. The public, including representatives of those entities that must collect the required 

information, had the opportunity to provide comments when 1820-0600 published a 60-and 30-

day Federal Register Notice (FRN). There were no comments received during the 60-day FRN. 

Q9. Explain any decision to provide any payment or gift to respondents, other than remuneration 

of contractors or grantees with meaningful justification.

A9. This item is not applicable. 
6

A10. Describe any assurance of confidentiality provided to respondents and the basis for the 

assurance in statute, regulation, or agency policy. If personally identifiable information (PII) is 

being collected, a Privacy Act statement should be included on the instrument. Please provide a 

citation for the Systems of Record Notice and the date a Privacy Impact Assessment was 

completed as indicated on the IC Data Form. A confidentiality statement with a legal citation that 

authorizes the pledge of confidentiality should be provided.2If the collection is subject to the 

Privacy Act, the Privacy Act statement is deemed sufficient with respect to confidentiality. If 

there is no expectation of confidentiality, simply state that the Department makes no pledge 

about the confidentially of the data.

A10. The Department makes no pledge about the confidentiality of the data, there are no 

assurances 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. 

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 information is requested, and any steps to be taken to obtain their consent.

A11. There are no questions of a sensitive nature.

Q12. Provide estimates of the hour burden of the collection of information. The statement 

should:

 Indicate the number of respondents by affected public type (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 type: 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, 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 the ROCIS IC Burden 

 

2

Requests for this information are in accordance with the following ED and OMB policies: Privacy Act of 1974, 

OMB Circular A-108 – Privacy Act Implementation – 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 Personally Identifiable Information, OM:6-104 – Privacy Act of 1974 (Collection, Use and Protection 

of Personally Identifiable Information)
7

Analysis Table. (The table should at minimum include Respondent types, IC activity, 

Respondent and Responses, Hours/Response, and Total Hours)

 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.

A12.

Collection

Respondents, 

Frequency, Burden

Total 

Annual 

Burden 

Hours

Cost Burden 

Estimate 

Total Cost

LEA consultation with private 

school representatives. It is 

estimated that approximately

2,849 LEA recordkeepers will 

be required to provide written 

explanations to private school 

officials and obtain a written 

affirmation signed by the 

representatives of participating 

private schools and forward the 

documentation of the 

consultation process to the 

State educational agency

(SEA). It is estimated that it 

will take, on average, each 

LEA approximately 12 hours 

per year to obtain a written 

affirmation and forward 

documentation to the SEA. 

There are 57 SEA 

recordkeepers who receive the 

documentation from each LEA. 

It is estimated that, on the 

average for all SEAs, it takes 

recordkeepers 24 hours per 

year to maintain the records.

(2,849 LEAs x 12 

hrs) + (57 SEA x 

24 hrs)

35,556 35,556 x $25 $888,900

Private school complaint of 

noncompliance with 

consultation process. 

Approximately 200 private 

school officials are estimated 

Private school 

burden: (200 

private school 

respondents x 2hrs) 

+ (30 private 

5,320 5,320 x $25 $133,000
8

Collection

Respondents, 

Frequency, Burden

Total 

Annual 

Burden 

Hours

Cost Burden 

Estimate 

Total Cost

to annually choose to file a 

complaint with SEAs that 

LEAs did not engage in 

consultation that was 

meaningful and timely, or did 

not give due consideration to 

the views of the private school 

officials and 30 private school 

officials will choose to file a 

complaint with the Secretary. 

It is estimated that on average 

each of 40 SEAs will render a 

decision for 5 complaints and 

will be required to submit 

documentation to the Secretary

for 1 complaint. 

Approximately 200 LEAs 

across 40 States will be 

required to forward 

documentation to SEAs 

regarding complaints.

school respondents 

x 2hrs) = 460

SEA burden: (40 

SEA respondents x 

5 complaints x 20 

hrs) + (40 SEA 

respondents x 2hrs) 

= 4,080

LEA burden: 200 

LEA respondents x 

4hrs = 800

Number of children with 

disabilities enrolled in private

schools by their parents. There 

are 14,229 LEA respondents 

who are required to maintain a 

record of the number of 

children evaluated, the number 

of children determined to be 

children with disabilities, and 

the number of children served 

under 20 U.S.C. 

1412(a)(10)(A). There are 57 

SEA respondents who receive 

the records from each LEA.

LEA burden: 

14,229 LEA 

respondents x 10 

(hrs) = 142,290

SEA burden: 57 

SEA respondents x 

20 (hrs) = 1,140

143,430 143,430 x $25 $3,585,750

State plan for high cost fund. 

It is anticipated that 

approximately 40 States will 

choose to maintain a high cost 

fund necessitating a State plan 

for the high cost fund. It is 

estimated that it will take each 

40 SEA 

respondents x 40 

(hrs) 

1,600 1,600 x $25 $40,000
9

Collection

Respondents, 

Frequency, Burden

Total 

Annual 

Burden 

Hours

Cost Burden 

Estimate 

Total Cost

State an average of 40 hours to 

annually review and amend 40 

State plans which equals an 

estimated total of 1,600 total 

burden hours.

Free and low-cost legal 

services. There are 

approximately 13,000 due 

process hearings requested 

annually through LEAs. The 

data burden is expected to 

require an average of 30 

minutes per hearing request to 

inform parents of the 

availability of low-cost legal 

services. 

13,000 LEA 

respondents x .5 

(hrs.)

6,500 6,500 x $25 $162,500

List of hearing officers and 

mediators (previous OMB 

1820-0509). There are 57 

State level record keepers who 

must maintain a list of 

mediators and approximately

14,229 public agencies. It is 

estimated to take 

approximately three hours 

annually for record keepers to 

update and maintain the lists. 

14,286 SEA/LEA 

respondents x 3 

(hrs) 

42,858 42,858 x $25 $1,071,450

State complaint procedures 

(previous OMB 1820-0599). 

Each of 57 SEAs process, on 

average, 30 complaints 

annually. It takes an average 

of about 24 hours for a State 

educational agency to issue a 

written decision to a complaint.

57 SEA 

respondents x 30 = 

1,710 x 24 hrs.

41,040 41,040 x $25 $1,026,000

LEA application under Part B

(previous OMB 1820-0600). It 

is estimated that each of 14,229 

respondents will expend a total 

of 2 hours annually processing 

modifications to an LEA plan 

for Part B funds and reporting. 

14,229 LEA 

respondents x 2 

(hrs) 

28,458 28,458 x $25 $711,450
10

Collection

Respondents, 

Frequency, Burden

Total 

Annual 

Burden 

Hours

Cost Burden 

Estimate 

Total Cost

Procedural Safeguard Notice. 

It is estimated that each of 

14,229 respondents will 

expend a total of 3 hours 

annually generating and 

providing procedural safeguard 

notices to parents of children 

with disabilities.

14,229 LEA 

respondents x 3 

(hrs)

42,687 42,687 x $25 $1,067,175

TOTAL BURDEN 73,503 347,449 8,686,225

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 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 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 acquiring and maintaining 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. Also, these estimates should not include the hourly

costs (i.e., the monetization of the hours) captured above in Item 12

A13. Total Annualized Capital/Startup Cost : $0

Total Annual Costs (O&M) : $0
11

Total Annualized Costs Requested : $0

It is not likely that a public agency will incur costs other than those described in Item 12 above.

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, 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.

A14. There is no cost to the federal government.

Q15. Explain the reasons for any program changes or adjustments. Generally, 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 materially changes a 

collection of information and generally are result of new statute or an agency action (e.g., 

changing a form, revising regulations, redefining the respondent universe, etc.). Burden changes 

should be disaggregated by type of change (i.e., adjustment, program change due to new statute, 

and/or program change due to agency discretion), type of collection (new, revision, extension, 

reinstatement with change, reinstatement without change) and include totals for changes in 

burden hours, responses and costs (if applicable).

A15. There is a program change decrease of -125,202 hours. 

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. No analytical techniques will be used. 

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. This section is not applicable, since this is a recordkeeping requirement. There is no 

request to not display the expiration data for OMB approval.

Q18. Explain each exception to the certification statement identified in the Certification of 

Paperwork Reduction Act.

A18. This section is not applicable. There are no exceptions to item 19 of the “Certification for 

Paperwork Reduction Act Submissions.”

B. This collection does not involve statistical methods.