Consolidated Waiver Request Form

OMB Control No: 1076-0194	ICR Reference No: 202008-1076-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Consolidated Waiver Request Form
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/13/2020
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/13/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/11/2020
Terms of Clearance: In accordance with 5 CFR 1320.13, this information collection is approved for 180 days as an emergency clearance to meet the needs of BIE-funded schools during the COVID-19 pandemic. If the Agency decides to continue use of the collection past the approved emergency clearance time period, it must resubmit an ICR to OMB under the normal PRA clearance process. OMB expects that BIE will continue to consult with the Department of Education on relevant aspects of this consolidated waiver form, including the circumstances surrounding waivers from the requirements of Title 25 Subchapter E Part 30 and whether certain waivers may affect graduation rate indicators.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	6 Months From Approved
Responses	183	0	0
Time Burden (Hours)	183	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This collection must be conducted before the beginning of the 2020-2021 school year to ensure that a quality education will be provided for the students served at BIE-funded schools during the COVID-19 pandemic. The waiver request form will be sent to BIE-funded schools in conjunction with the disbursement of BIE’s school reopening plan and toolkits, which is scheduled to be sent to schools no later than mid-August. The waiver requests will help to ensure continuity of learning and compliance with special education requirements for schools which, due to COVID-19 related safety concerns, need to make modifications to their operations and delivery of services.

Emergency Justfication: This collection must be conducted before the beginning of the 2020-2021 school year to ensure that a quality education will be provided for the students served at BIE-funded schools during the COVID-19 pandemic. . BIE anticipates the opening of the 2020-2021 school year will be conducted remotely. School administrators need to plan for instructional learning and create distance learning plans, they also need to finalize their budget. The waiver requests will help to ensure continuity of learning and compliance with special education requirements for schools which, due to COVID-19 related safety concerns, need to make modifications to their operations and delivery of services. Special education services vary widely and do include health-related accommodations. The coupling of not providing continuity of learning, and, for example, health related accommodations could have a serious effect on academic performance and mental health.The waivers listed on the waiver request form are not new policy, but instead are an exercise of the regulatory provision granting the Assistant Secretary-Indian Affairs (AS-IA) waiver authority.

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Authorizing Statute(s): US Code: 29 USC 794 Name of Law: Rehabilitation Act of 1973    US Code: 20 USC 1400 Name of Law: Individuals with Disabilities Education Act    US Code: 25 USC 13 Name of Law: Expenditures of Appropriations by Bureau    US Code: 25 USC 2001 Name of Law: Accreditation for the basic education of Indian children in Bureau of Indian Affairs schools    US Code: 25 USC 2002 Name of Law: National criteria for home-living situations

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Consolidate Waiver Request Form N/A Consolidated Waiver Request Form

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	183	0	0	0	183	0
Annual Time Burden (Hours)	183	0	0	0	183	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

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Annual Cost to Federal Government: $3,872

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Ashley Fry 202 208-5808 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 08/11/2020

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