02-22319. Notice of Proposed Information Collection Requests

AGENCY:

Department of Education.

ACTION:

Notice of proposed information collection requests.

SUMMARY:

The Leader, Regulatory Information Management, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

DATES:

An emergency review has been requested in accordance with the Act (44 U.S.C. Chapter 3507 (j)), since public harm is reasonably likely to result if normal clearance procedures are followed. Approval by the Office of Management and Budget (OMB) has been requested by September 6, 2002. A regular clearance process is also beginning. Interested persons are invited to submit comments on or before November 4, 2002.

ADDRESSES:

Written comments regarding the emergency review should be addressed to the Office of Information and Regulatory Affairs, Attention: Karen Lee, Desk Officer: Department of Education, Office of Management and Budget; 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503 or should be electronically mailed to the Internet address [e-mail].

SUPPLEMENTARY INFORMATION:

Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Director of OMB provide interested Federal agencies and the public an early opportunity to comment on information collection requests. The Office of Management and Budget (OMB) may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Leader, Information Management Group, Office of the Chief Information Officer, publishes this notice containing proposed information collection requests at the beginning of the Departmental review of the information collection. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g., new, revision, extension, existing or reinstatement; (2) title; (3) summary of the collection; (4) description of the need for, and proposed use of, the information; (5) respondents and frequency of collection; and (6) reporting and/or recordkeeping burden. ED invites public comment.

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 respondents, including through the use of information technology.

Dated: August 27, 2002.

John D. Tressler,

Leader, Regulatory Information Management Group, Office of the Chief Information Officer.

Office of Elementary and Secondary Education

Type of Review: New.

Title: State-Flex Application.

Abstract: Application for State-Flexibility Authority (“State-Flex”). By statute, the Department can grant State-Flex to up to 7 SEAs through a competitive process. State-Flex SEAs receive (1) the flexibility to consolidate certain Federal formula funds reserved for State administration and State-level activities for any educational purpose authorized under the ESEA to assist the SEAs, and the local educational agencies (LEAs) with which it enters into performance agreements, in making adequate yearly progress and narrowing achievement gaps; (2) the authority to specify how LEAs in the State use Innovative Program funds under Part A of Title V; and (3) the authority to, in turn, enter into performance agreements with four to ten LEAs in the State (half of which must be high poverty LEAs), permitting those LEAs to consolidate certain Federal funds and to use those funds for any ESEA purpose consistent with the SEA's State-Flex plan. The purpose of State-Flex is to assist SEAs and LEAs in those states to meet the State's definition of adequate yearly progress (AYP) and narrowing achievement gaps.

Additional Information: Flexibility provisions are one of the hallmarks of the No Child Left Behind Act, and early implementation of these flexibility provisions is a high priority for the Department; the State Flexibility Authority is arguably the most prominent of these provisions. An emergency clearance is necessary to enable prospective applicants sufficient time to prepare a competitive application; otherwise, harm to the public would thus occur if this clearance is not approved.

Frequency: Semi-Annually.

Affected Public: State, Local, or Tribal Gov't, SEAs or LEAs.

Reporting and Recordkeeping Hour Burden:

 Responses: 21.

 Burden Hours: 13,440.

Requests for 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 2136. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to Vivian Reese, Department of Education, 400 Maryland Avenue, SW., Room 4050, Regional Office Building 3, Washington, DC 20202-4651 or to the e-mail address [e-mail]. Requests may also be electronically mailed to the Internet address [e-mail] or faxed to 202-708-9346. Please specify the complete title of the information collection when making your request.

Comments regarding burden and/or the collection activity requirements, contact Kathy Axt via her e-mail address [e-mail]. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.