83 FR 5411 - Agency Information Collection Activities; Comment Request; Application for Flexibility for Equitable Per-Pupil Funding

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 26 (February 7, 2018)

Page Range		5411-5412
FR Document		2018-02421

In accordance with the Paperwork Reduction of 1995, ED is requesting the Office of Management and Budget (OMB) to conduct an emergency review of a new information collection.

Federal Register, Volume 83 Issue 26 (Wednesday, February 7, 2018)

[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5411-5412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02421]


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DEPARTMENT OF EDUCATION

[Docket No. ED-2018-ICCD-0010]


Agency Information Collection Activities; Comment Request; 
Application for Flexibility for Equitable Per-Pupil Funding

AGENCY: Office of Elementary and Secondary Education (OESE), Department 
of Education (ED).

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction of 1995, ED is 
requesting the Office of Management and Budget (OMB) to conduct an 
emergency review of a new information collection.

DATES: Approval by the OMB has been requested by 2/7/2018. A regular 
clearance process is also hereby being initiated. Interested persons 
are invited to submit comments on or before April 9, 2018.

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-2018-ICCD-
0010. 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. Please note that comments 
submitted by fax or email and those 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 
Director of the Information Collection Clearance Division, U.S. 
Department of Education, 400 Maryland Avenue SW, LBJ, Room 216-44, 
Washington, DC 20202-4537.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact Jessica McKinney, 202-401-1960.

SUPPLEMENTARY INFORMATION: The Department of Education (ED), 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. ED is soliciting comments on the proposed 
information collection request (ICR) that is described below. The 
Department of Education 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 response to this notice will be considered 
public records.
    Title of Collection: Application for Flexibility for Equitable Per-
pupil Funding.
    OMB Control Number: 1810-NEW.
    Type of Review: New collection (Request for a new OMB Control 
Number).
    Respondents/Affected Public: State, Local and Tribal Governments.
    Total Estimated Number of Annual Responses: 20.
    Total Estimated Number of Annual Burden Hours: 1,120.
    Abstract: This is a request for emergency clearance to collect 
critical information for the Application for Flexibility for Equitable 
Per-pupil Funding, the instrument through which local educational 
agencies (LEAs) apply for flexibility to consolidate eligible Federal 
funds and State and local education funding based on weighted per-pupil 
allocations for low-income and otherwise disadvantaged students. This 
program allows LEAs to consolidate funds under the Elementary and 
Secondary Education of 1965 Federal education programs.
    These Federal education programs were reauthorized by the 
Elementary and Secondary Education Act of 1965 (ESEA), as amended by 
the Every Student Succeeds Act (ESSA). The ESSA added a new program to 
the ESEA, the Flexibility for Equitable Per-pupil Funding under section 
1501. This discretionary flexibility allows the U.S. Department of 
Education (Department) to offer an LEA the opportunity to consolidate 
funds under the above-listed programs to support the LEA in creating a 
single school funding system based on weighted per-pupil allocations 
for low-income and otherwise disadvantaged students, with attendant 
flexibility in using those funds. For the initial three-year period, 
the Department may approve this flexibility for up to 50 LEAs.
    Given the priority of an orderly transition, the earliest available 
time to award flexibility related to the use of federal funding was 
School Year 2018-2019, which mostly takes place during FY 2019. This 
aligns with States' transition to ``full'' compliance, as all 
provisions of the law will be effective by FY 2019, including those 
that were otherwise delayed under orderly transition authority. This 
timeframe also aligns with the implementation of the other pilot 
program provided in ESSA, the Innovative Assessment Demonstration 
Authority (IADA).
    Although an approximate timeframe was established, by necessity, 
the planning for a new and potentially far-reaching program could not 
begin in earnest until new political leadership had been appointed. 
This planning began in mid-2017 following the appointment of Secretary 
DeVos and other political leadership.
    The scope of work for the development of the application was 
significant. The program is entirely new and involves broad authority 
for the Secretary to waive provisions of the ESEA, although only after 
a successful applicant meets several dozen precise and technical 
requirements related to the allocation, use and reporting of funds. 
Given that the program is new and highly technical, affects the use of 
federal funds, waives other federal requirements, and involves a 
potential applicant pool of thousands of school districts, the 
development of an application required significant legal and policy 
analysis, which lasted several months.
    Lastly, between enactment of ESSA and the present date, there were 
also several major anticipated and unanticipated events, including a 
change in Presidential and Secretarial administration, Congressional 
action that eliminated certain implementing regulations of the law, and 
significant

[[Page 5412]]

turnover in staff related to both the change in administration and 
natural attrition over a period of multiple years. These events impact 
the capacity, decision-making structure, and institutional knowledge of 
the Department, causing it to be less agile and to move at a slower 
velocity for some period. Fortunately in recent months that has 
changed. However, due to these events, including some that were 
unforeseen, as well as the other conditions described in the paragraphs 
above, the development of the application was affected.
    The end result remains that a traditional paperwork clearance would 
have resulted in applicants being unable to use the awarded flexibility 
until the 2019-2020 school year, which would delay a program that 
Congress intended to equitably allocate resources to educationally 
disadvantaged students. Therefore, the Department is seeking emergency 
clearance.

    Dated: February 2, 2018.
Tomakie Washington,
Acting Director, Information Collection Clearance Division, Office of 
the Chief Privacy Officer (OCPO), Office of Management.
[FR Doc. 2018-02421 Filed 2-6-18; 8:45 am]
 BILLING CODE 4000-01-P

Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices 5411

Additional Information, Contacts. activities, please contact Jessica and Secondary Education Act of 1965
Additional public records relating to McKinney, 202–401–1960. (ESEA), as amended by the Every
hearing items may be examined at the SUPPLEMENTARY INFORMATION: The Student Succeeds Act (ESSA). The
Commission’s offices by appointment by Department of Education (ED), in ESSA added a new program to the
contacting Carol Adamovic, 609–883– accordance with the Paperwork ESEA, the Flexibility for Equitable Per-
9500, ext. 249. For other questions Reduction Act of 1995 (PRA) (44 U.S.C. pupil Funding under section 1501. This
concerning hearing items, please contact 3506(c)(2)(A)), provides the general discretionary flexibility allows the U.S.
Judith Scharite, Project Review Section public and Federal agencies with an Department of Education (Department)
assistant at 609–883–9500, ext. 216. opportunity to comment on proposed, to offer an LEA the opportunity to
Dated: January 30, 2018. revised, and continuing collections of consolidate funds under the above-
information. This helps the Department listed programs to support the LEA in
Pamela M. Bush,
assess the impact of its information creating a single school funding system
Commission Secretary and Assistant General based on weighted per-pupil allocations
Counsel. collection requirements and minimize
the public’s reporting burden. It also for low-income and otherwise
[FR Doc. 2018–02369 Filed 2–6–18; 8:45 am]
helps the public understand the disadvantaged students, with attendant
BILLING CODE 6360–01–P flexibility in using those funds. For the
Department’s information collection
requirements and provide the requested initial three-year period, the Department
data in the desired format. ED is may approve this flexibility for up to 50
DEPARTMENT OF EDUCATION soliciting comments on the proposed LEAs.
Given the priority of an orderly
[Docket No. ED–2018–ICCD–0010] information collection request (ICR) that
transition, the earliest available time to
is described below. The Department of
Agency Information Collection award flexibility related to the use of
Education is especially interested in
Activities; Comment Request; federal funding was School Year 2018–
public comment addressing the
Application for Flexibility for Equitable 2019, which mostly takes place during
following issues: (1) Is this collection
Per-Pupil Funding FY 2019. This aligns with States’
necessary to the proper functions of the
transition to ‘‘full’’ compliance, as all
Department; (2) will this information be
AGENCY: Office of Elementary and provisions of the law will be effective by
processed and used in a timely manner;
Secondary Education (OESE), FY 2019, including those that were
(3) is the estimate of burden accurate; otherwise delayed under orderly
Department of Education (ED).
(4) how might the Department enhance transition authority. This timeframe also
ACTION: Notice. the quality, utility, and clarity of the aligns with the implementation of the
SUMMARY: In accordance with the information to be collected; and (5) how other pilot program provided in ESSA,
Paperwork Reduction of 1995, ED is might the Department minimize the the Innovative Assessment
requesting the Office of Management burden of this collection on the Demonstration Authority (IADA).
and Budget (OMB) to conduct an respondents, including through the use Although an approximate timeframe
emergency review of a new information of information technology. Please note was established, by necessity, the
collection. that written comments received in planning for a new and potentially far-
response to this notice will be reaching program could not begin in
DATES: Approval by the OMB has been
considered public records. earnest until new political leadership
requested by 2/7/2018. A regular Title of Collection: Application for
clearance process is also hereby being had been appointed. This planning
Flexibility for Equitable Per-pupil began in mid-2017 following the
initiated. Interested persons are invited Funding.
to submit comments on or before April appointment of Secretary DeVos and
OMB Control Number: 1810–NEW. other political leadership.
9, 2018. Type of Review: New collection The scope of work for the
ADDRESSES: To access and review all the (Request for a new OMB Control development of the application was
documents related to the information Number). significant. The program is entirely new
collection listed in this notice, please Respondents/Affected Public: State, and involves broad authority for the
use http://www.regulations.gov by Local and Tribal Governments. Secretary to waive provisions of the
searching the Docket ID number ED– Total Estimated Number of Annual ESEA, although only after a successful
2018–ICCD–0010. Comments submitted Responses: 20. applicant meets several dozen precise
in response to this notice should be Total Estimated Number of Annual and technical requirements related to
submitted electronically through the Burden Hours: 1,120. the allocation, use and reporting of
Federal eRulemaking Portal at http:// Abstract: This is a request for funds. Given that the program is new
www.regulations.gov by selecting the emergency clearance to collect critical and highly technical, affects the use of
Docket ID number or via postal mail, information for the Application for federal funds, waives other federal
commercial delivery, or hand delivery. Flexibility for Equitable Per-pupil requirements, and involves a potential
Please note that comments submitted by Funding, the instrument through which applicant pool of thousands of school
fax or email and those submitted after local educational agencies (LEAs) apply districts, the development of an
the comment period will not be for flexibility to consolidate eligible application required significant legal
accepted. Written requests for Federal funds and State and local and policy analysis, which lasted
information or comments submitted by education funding based on weighted several months.
postal mail or delivery should be per-pupil allocations for low-income Lastly, between enactment of ESSA
sradovich on DSK3GMQ082PROD with NOTICES

addressed to the Director of the and otherwise disadvantaged students. and the present date, there were also
Information Collection Clearance This program allows LEAs to several major anticipated and
Division, U.S. Department of Education, consolidate funds under the Elementary unanticipated events, including a
400 Maryland Avenue SW, LBJ, Room and Secondary Education of 1965 change in Presidential and Secretarial
216–44, Washington, DC 20202–4537. Federal education programs. administration, Congressional action
FOR FURTHER INFORMATION CONTACT: For These Federal education programs that eliminated certain implementing
specific questions related to collection were reauthorized by the Elementary regulations of the law, and significant

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Document Created: 2018-10-26 13:57:07
Document Modified: 2018-10-26 13:57:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Approval by the OMB has been requested by 2/7/2018. A regular clearance process is also hereby being initiated. Interested persons are invited to submit comments on or before April 9, 2018.
Contact		For specific questions related to collection activities, please contact Jessica McKinney, 202-401-1960.
FR Citation		83 FR 5411