[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67266-67267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21467]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2023-SCC-0179]


Agency Information Collection Activities; Comment Request; 
Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance

AGENCY: Office of Civil Rights (OCR), Department of Education (ED).

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act (PRA) of 1995, 
the Department is proposing an extension of a currently approved 
information collection request (ICR).

DATES: Interested persons are invited to submit comments on or before 
November 28, 2023.

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-2023-SCC-0179. 
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. If the regulations.gov 
site is not available to the public for any reason, the Department will 
temporarily accept comments at [email protected]. Please include the 
docket ID number and the title of the information collection request 
when requesting documents or submitting comments. Please note that 
comments 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 Manager of the Strategic 
Collections and Clearance Governance and Strategy Division, U.S. 
Department of Education, 400 Maryland Ave. SW, LBJ, Room 4C210, 
Washington, DC 20202-8240.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact Alejandro Reyes, 202-245-7272.

SUPPLEMENTARY INFORMATION: The Department, 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. The Department is soliciting comments on the 
proposed information collection request (ICR) that is described below. 
The Department 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

[[Page 67267]]

response to this notice will be considered public records.
    Title of Collection: Nondiscrimination on the Basis of Sex in 
Education Programs or Activities Receiving Federal Financial 
Assistance.
    OMB Control Number: 1870-0505.
    Type of Review: An extension of a currently approved ICR.
    Respondents/Affected Public: Private Sector; State, Local, and 
Tribal Governments.
    Total Estimated Number of Annual Responses: 119,860.
    Total Estimated Number of Annual Burden Hours: 1,892,188.
    Abstract: This is a renewal of an existing collection under OMB 
Control No. 1870-0505. This collection was originally submitted by the 
U.S. Department of Education (the Department) in December 2018 in 
connection with a Notice of Proposed Rulemaking for the 
Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance to propose amendments 
to the Department's implementing regulations for Title IX of the 
Education Amendments of 1972. (ICR Reference No. 201811-1870-001). The 
Department finalized its rulemaking in May 2020 and the ICR was 
approved by OMB on December 8, 2020 (ICR Reference No. 202005-1870-
001). The ICR is scheduled to expire on December 31, 2023. The 
regulations that require the collection of information are set forth 
below.
    Section 106.45(b)(2) Notice of Allegations requires all recipients, 
upon receipt of a formal complaint, to provide written notice to the 
complainant and the respondent, informing the parties of the 
recipient's grievance process and providing sufficient details of the 
sexual harassment allegations being investigated. This written notice 
will help ensure that the nature and scope of the investigation, and 
the recipient's procedures, are clearly understood by the parties at 
the commencement of an investigation.
    Section 106.45(b)(9) Informal resolution requires that recipients 
who wish to provide parties with the option of informal resolution of 
formal complaints, may offer this option to the parties but may only 
proceed by: first, providing the parties with written notice disclosing 
the sexual harassment allegations, the requirements of an informal 
resolution process, any consequences from participating in the informal 
resolution process; and second, obtaining the parties' voluntary, 
written consent to the informal resolution process. This provision 
permits--but does not require--recipients to allow for voluntary 
participation in an informal resolution as a method of resolving the 
allegations raised in formal complaints without completing the 
investigation and adjudication. Additionally, recipients may not offer 
or facilitate an informal resolution process to resolve allegations 
that an employee sexually harassed a student.
    Section 106.45(b)(10) requires recipients to maintain certain 
documentation regarding their Title IX activities. Recipients would be 
required to maintain for a period of seven years records of: sexual 
harassment investigations, including any determination regarding 
responsibility and any audio or audiovisual recording or transcript 
required under Sec.  106.45(b)(6)(i), any disciplinary sanctions 
imposed on the respondent, and any remedies provided to the complainant 
designed to restore or preserve equal access to the recipient's 
education program or activity; any appeal and the result therefrom; any 
informal resolution; and all materials used to train Title IX 
Coordinators, investigators, decision-makers, and any person who 
facilitates an informal resolution process. Additionally, for each 
response required under Sec.  106.44(a), a recipient must create, and 
maintain for a period of seven years, records of any actions, including 
any supportive measures, taken in response to a report or formal 
complaint of sexual harassment.

    Dated: September 25, 2023.
Stephanie Valentine,
PRA Coordinator, Strategic Collections and Clearance, Governance and 
Strategy Division, Office of Chief Data Officer, Office of Planning, 
Evaluation and Policy Development.
[FR Doc. 2023-21467 Filed 9-28-23; 8:45 am]
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