[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52317-52318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21304]


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DEPARTMENT OF EDUCATION


Notice of Submission for OMB Review; Office of Planning, 
Evaluation and Policy Development; EDFacts Collection of ESEA 
Flexibility Data

SUMMARY: On September 23, 2011, the U.S. Department of Education (ED) 
invited State educational agencies (SEAs) to request flexibility 
pursuant to the authority in section 9401 of ESEA, which allows the 
Secretary of Education to waive, with certain exceptions, any statutory 
or regulatory requirement of the ESEA for an SEA that receives funds 
under a program authorized by the ESEA and requests a waiver. In order 
to ensure that SEAs receiving ESEA flexibility are continuing to meet 
the intent and purpose of Title I of ESEA, including meeting the 
educational needs of low-achieving students, closing achievement gaps, 
and holding schools, local educational agencies, and SEAs accountable 
for improving the academic achievement of all students, ED will 
continue to collect all data related to student proficiency rates as 
well as performance against the annual measurable objectives. This 
collection will be applicable to SEAs with approved flexibility 
requests.

DATES: Interested persons are invited to submit comments on or before 
September 28, 2012.

ADDRESSES: Written comments regarding burden and/or the collection 
activity requirements should be electronically mailed to 
[email protected] or mailed to U.S. Department of Education, 400 
Maryland Avenue SW., LBJ, Washington, DC 20202-4537. Copies of the 
proposed information collection request may be accessed from http://edicsweb.ed.gov, by selecting the ``Browse Pending Collections'' link 
and by clicking on link number 04860. When you access the information 
collection, click on ``Download Attachments'' to view. Written requests 
for information should be addressed to U.S. Department of Education, 
400 Maryland Avenue SW., LBJ, Washington, DC 20202-4537. Requests may 
also be electronically mailed to [email protected] or faxed to 202-
401-0920. Please specify the

[[Page 52318]]

complete title of the information collection and OMB Control Number 
when making your request.
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act 
of 1995 (44 U.S.C. Chapter 35) requires that Federal agencies provide 
interested parties an early opportunity to comment on information 
collection requests. The Director, Information Collection Clearance 
Division, Privacy, Information and Records Management Services, Office 
of Management, publishes this notice containing proposed information 
collection requests at the beginning of the Departmental review of the 
information collection. 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: EDFacts Collection of ESEA Flexibility Data.
    OMB Control Number: 1875-NEW.
    Type of Review: New.
    Total Estimated Number of Annual Responses: 52.
    Total Estimated Number of Annual Burden Hours: 1,248.
    Abstract: On September 23, 2011, the U.S. Department of Education 
(ED) invited each State educational agency (SEA) to voluntarily request 
flexibility on behalf of itself, its local educational agencies, and 
schools, in order to better focus on improving student learning and 
increasing the quality of instruction. Since then, ED has approved 34 
SEA requests for flexibility, and is currently reviewing several 
additional requests. ED expects to receive requests from additional 
SEAs by September 6, 2012. SEAs are invited to request flexibility 
pursuant to the authority in section 9401 of the Elementary and 
Secondary Education Act of 1965 (ESEA), which allows the Secretary of 
Education to waive, with certain exceptions, any statutory or 
regulatory requirement of the ESEA for an SEA that receives funds under 
a program authorized by the ESEA and requests a waiver. This clearance 
request is for the collection of data that may be needed to ensure that 
SEAs receiving ESEA flexibility are continuing to meet the intent and 
purpose of Title I of ESEA, including meeting the educational needs of 
low-achieving students, closing achievement gaps, and holding schools, 
local educational agencies, and SEAs accountable for improving the 
academic achievement of all students. This collection will be 
applicable to SEAs with approved flexibility plans. In order to reduce 
burden on SEAs and maximize the availability and utility of the data 
within ED, ED plans to require states to submit these data 
electronically through EDFacts, as allowable under 34 CFR part 76. 
``Flexibility Clearance Attachment B'' outlines the 22 new data groups 
proposed for collection. ED is requesting SEAs to review the last page 
of Attachment B which provides two directed questions (see the link to 
EDICSweb to link number 04860 in the Addresses section above.) ED is 
requesting the data providers of each SEA respond to two specific 
questions about the proposed data groups. Responses to these questions 
will help ED determine whether or not to adjust the proposed data 
groups, as well as to determine which of the data can currently be 
provided by SEAs.

    Dated: August 24, 2012.
Stephanie Valentine,
Acting Director, Information Collection Clearance Division, Privacy, 
Information and Records Management Services, Office of Management.
[FR Doc. 2012-21304 Filed 8-28-12; 8:45 am]
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