1 **SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT SUBMISSION** 
**A. Justification** Q 1. Explain the circumstances that make the collection of information necessary . Identify an y legal or administrative requirements that necessitate the collection. Attach a hard cop y 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 section 1

. Specify the review t ype of the collection (new, revision, extension, reinstatement with change, reinstatement without change) . If revised, brie fl y 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 educ ational agencies to collect and maintain information or data and, in some cases, report information or data to other public agencies or to the publi c. However, such information or data is not reported to the Secretary . The following table describes the i nformation under Part B of the Individuals with Disabilities E ducation Act (IDEA) to be collected or maintained and the legal requirements for each collection. This submission reflect s an extension of a currentl y 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 wh y the LEA chose not to provide services directly or through a contract and the LEA must obtain a written affirmation signed b y 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 annuall y provide to the SEA the number of children enrolled in private schools b y their parents that are evaluated b y the LEA to determine whether they

are children with disabilities under IDEA, the number of children determined to be c hildren 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 day s aft er 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 lega l 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 relate d 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 300.5113

**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 serve d 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

- ye ar period, if the LEA develops and maintains coordinated, early interve ning 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 disa bility must be provided a cop y of the procedural safeguard notice onl y 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) §§300.20 1

- 300.213, §300.224, §300.226, and §300.504.

Q2. 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 collecti on.4

A2. The information is used by State educational agencies ( SEAs ) and local educational agencies ( LEAs ) and is not collected b y the U.S. Department of Education. Q3. Describe whether, and to what extent, the collection of information involves the u se 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 describ e any consideration given to using technology

to reduce burden.
A3. LE As 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 electronicall y. There are no technical or legal obstacles to reducing the burden to LEAs and SEAs. Q 4. Describe efforts to identify duplication. Show specifically wh y an y 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. Q 5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. A small entity may b e (1) a small business which is deemed to be one that is independentl y 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 , count y, town, township, school district, or special district with a population of less than 50,000.
A5. This collection do es not involve small businesses. Q 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. 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. Q 7. Explain any

special circumstances that would cause an information collection to be conducted in a manner:

 requiring respondents to report informat ion 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;5

 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 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 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 unnecessaril y i mpedes 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 informati on is submitted to the U.S. Department of Education. Information collection methods and timing is at the discretion of the States. Q 8. As applicable, state that the Department has published the 60 and 30 Federal Register notices as required b y 5 CFR 132 0.8(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 b y the agency in response to these comments. Specifically address comments rece ived 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 years

– even if the collection of info rmation 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. Q 9. Explain any

decision to provide any

pay ment or gift to respondents, other than remuneration of contractors or grantees with meaningful justification

. A9. This item is not applicable.6

A 10. Describe an y assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulat ion, 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 Sy stems of Record Notice and the date a Privacy Impact Assessment was c ompleted as indicated on the I C Data Form . A confidentiality statement with a legal citation that authorizes the pledge of confidentiality should be provided. 2 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.
A10. The Department makes no pledge about the confidentiality of the data, there are no assurances of confidentiality

. Q 11. Provide additional justification for an y questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. The justificat ion should include the reasons wh y 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 an y steps to be taken to obtain their conse nt. A11. There are no questions of a sensitive nature. Q 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 t ype: recordkeeping, reporting or third party disclosure. All narrative should be included in item 12. Unless directed to do so, agencies should not conduct special survey s to obtain informatio n 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 widel y because of differences in activity , size, or complexity , show the ran ge of estimated hour burden, and explain the reasons for the variance. Generall y, 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 e stimates for each form and aggregate the hour burdens in the ROCI S 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 (C ollection, Use and Protection of Personally Identifiable Information)7 Analy sis Table

. (The table should at minimum include Respondent types, IC activity , Respondent and Responses, Hours/Response, and Total Hours)

 Provide estimates of annualized co st 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 b y the representatives of participating private schools and forward the docume ntation 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 recor dkeepers who receive the documentation from each LEA. It is estimated that, on the average for all SEAs, it takes recordkeepers 24 hours per ye ar 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 $133,0008

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 require d 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. schoo l 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. 14 12(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 $40,0009

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 annu all y 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 $711,45010

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**  Q 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 cos t 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 inf ormation. 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 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 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 es timates, 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 rulemaking containing the information colle ction, 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 othe r 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) : $011

Total Annualized Costs Requested : $0 It is not likely

that a public agency

will incur costs other than those described in Item 12 above. Q 14. Provide estimates of annu alized 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 th at 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. Q 15. Explain the reasons for an y program c hanges 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). Progr am changes result from a deliberate action that materiall y 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 chang es should be disaggregated by 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 i nclude totals for changes in burden hours , responses and cost s (if applicable)

. A15. There is a program change decrease of

- 125,202 hours. Q 16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analy

tical 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 anal yt ical techniques will be used. Q 17. 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, s ince this is a recordkeeping requirement. There is no request to not display

the expiration data for OMB approval. Q 18. 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.**