Notice2023-21467
Agency Information Collection Activities; Comment Request; Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2023
Issuing agencies
Education Department
Abstract
In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension of a currently approved information collection request (ICR).
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67266-67267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by selecting the Docket ID number or via postal
mail, commercial delivery, or hand delivery. If the <a href="http://regulations.gov">regulations.gov</a>
site is not available to the public for any reason, the Department will
temporarily accept comments at <a href="/cdn-cgi/l/email-protection#c68f8582a9a5ada3b28ba1b486a3a2e8a1a9b0"><span class="__cf_email__" data-cfemail="feb7bdba919d959b8ab3998cbe9b9ad0999188">[email protected]</span></a>. 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]
BILLING CODE 4000-01-P
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