Notice2025-21498
Agency Information Collection Activities; Comment Request; Form for Maintenance of Effort Waiver Requests
Primary source
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Published
November 28, 2025
Issuing agencies
Education Department
Abstract
In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change to a currently approved information collection request (ICR).
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Page 54646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21498]
[[Page 54646]]
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DEPARTMENT OF EDUCATION
[Docket No.: ED-2025-SCC-0943]
Agency Information Collection Activities; Comment Request; Form
for Maintenance of Effort Waiver Requests
AGENCY: Office of Elementary and Secondary Education (OESE), 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 to a currently
approved information collection request (ICR).
DATES: Interested persons are invited to submit comments on or before
January 27, 2026.
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-2025-SCC-0943.
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#672e242308040c02132a001527020349000811"><span class="__cf_email__" data-cfemail="064f454269656d63724b617446636228616970">[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 Todd Stephenson, U.S. Department of
Education, Office of Elementary and Secondary Education, 400 Maryland
Avenue SW, Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For specific questions related to
collection activities, please contact Todd Stephenson, (202) 987-1599.
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 response to this notice will be considered public
records.
Title of Collection: Form for Maintenance of Effort Waiver
Requests.
OMB Control Number: 1810-0693.
Type of Review: Extension without change to a currently approved
ICR.
Respondents/Affected Public: State, Local, and Tribal Governments.
Total Estimated Number of Annual Responses: 20.
Total Estimated Number of Annual Burden Hours: 1,600.
Abstract: Section 8521(a) of the Elementary and Secondary Education
Act of 1965, as amended by the Every Student Succeeds Act (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 and the State 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) requirements for LEAs under the ESEA. If an LEA fails to
meet the MOE requirement, under section 8521(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, if
the LEA has also failed to maintain effort for 1 or more of the 5
immediately preceding fiscal years. 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 8521(c) gives the U.S. Department of
Education (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 change
in the organizational structure of the LEA or a precipitous decline in
the LEA's financial resources. If an MOE waiver is granted, the
reduction required by section 8521(b) does not occur for that year. A
request for a waiver of the MOE requirement is discretionary. Only an
LEA that has failed to maintain effort and that believes its failure
justifies a waiver would request one. To review an MOE waiver request,
ED relies primarily on expenditure, revenue, and other data relevant to
an LEA's request provided by the SEA. To assist an SEA 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 request is to renew
approval for the MOE waiver form. This collection includes burden at
the SEA level.
Ross Santy,
Chief Data Officer, Office of Planning, Evaluation and Policy
Development.
[FR Doc. 2025-21498 Filed 11-26-25; 8:45 am]
BILLING CODE 4000-01-P
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