Notice2023-26638
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; 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
December 5, 2023
Issuing agencies
Education Department
Abstract
In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).
Full Text
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<title>Federal Register, Volume 88 Issue 232 (Tuesday, December 5, 2023)</title>
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[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84313-84314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26638]
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DEPARTMENT OF EDUCATION
[Docket No.: ED-2023-SCC-0179]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; 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 without change of a currently
approved information collection request (ICR).
DATES: Interested persons are invited to submit comments on or before
January 4, 2024.
ADDRESSES: Written comments and recommendations for proposed
information collection requests should be submitted within 30 days of
publication of this notice. Click on this link <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a> to access the site. Find this information collection request
(ICR) by selecting ``Department of Education'' under ``Currently Under
Review,'' then check the ``Only Show ICR for Public Comment'' checkbox.
<a href="http://Reginfo.gov">Reginfo.gov</a> provides two links to view documents related to this
information collection request. Information collection forms and
instructions may be found by clicking on the ``View Information
Collection (IC) List'' link. Supporting statements and other supporting
documentation may be found by clicking on the ``View Supporting
Statement and Other Documents'' link.
FOR FURTHER INFORMATION CONTACT: For specific questions related to
collection activities, please contact Alejandro Reyes, 202-219-2035.
SUPPLEMENTARY INFORMATION: 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 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 without change 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 an extension 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.
[[Page 84314]]
Dated: November 30, 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. 2023-26638 Filed 12-4-23; 8:45 am]
BILLING CODE 4000-01-P
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</html>Indexed from Federal Register on December 5, 2023.
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