OMB Control Number:1810-0693.
Type of Review:Extension of an existing information collection.
Respondents/Affected Public:State, Local, or Tribal Governments.
Total Estimated Number of Annual Responses:202.
Total Estimated Number of Annual Burden Hours:5,360
Abstract:Section 9521(a) of the Elementary and Secondary Education Act of 1965, as amended (ESEA) provides that a local educational agency (LEA) may receive funds under Title I, Part A and other ESEA covered programs for any fiscal year only if the State educational agency (SEA) finds that either the combined fiscal effort per student or the aggregate expenditures of the LEA with respect to the provision of free public education by the LEA for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. This provision is the maintenance of effort (MOE) requirement for LEAs under the ESEA. If an LEA fails to meet the MOE requirement, under section 9521(b) of the ESEA, the SEA must reduce the amount of funds allocated under the programs covered by the MOE requirement in any fiscal year in the exact proportion by which the LEA fails to maintain effort by falling below 90 percent of either the combined fiscal effort per student or aggregate expenditures. In reducing an LEA's allocation because it failed to meet the MOE requirement, the SEA uses the measure most favorable to the LEA. Section 9521(c) gives ED the authority to waive the ESEA's MOE requirement for an LEA if it would be equitable to grant the waiver due to an exceptional or uncontrollable circumstance such as a natural disaster or a precipitous decline in the LEA's financial resources. Once an MOE waiver is granted, the reduction required by section 9521(b) does not occur for that year. To review MOE waiver requests, ED relies primarily on expenditure, revenue, and other data relevant to an LEA's request provided by the SEA. To assist SEAs with submitting this information, ED developed an MOE waiver form as part of the 2009 Title I, Part A Waiver Guidance, which covered a range of waivers that ED invited at that time. The purpose of this collection is to renew approval for the MOE waiver form. ED believes that the proposed form, which is slightly modified from the currently approved version, will enable an SEA to provide the information needed in an efficient manner.
Dated: November 2, 2012.
Darrin A. King,
Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management.