IDEA Part B State Performance Plan (SPP) and Annual Performance Report (APR)

Forms and Documents

Document Name	Status
1820-0624 Part B Comments and Discussion 08162023.docx Supplementary Document	2023-09-07
1820-0624 Part B Supporting Statement 09062023.docx Supporting Statement A	2023-09-07

IC Document Collections

IC ID	Document Title	Status
187052	IDEA Part B State Performance Plan (SPP) and Annual Performance Report (APR) Instruction	Modified

ICR Details

OMB Control No: 1820-0624	ICR Reference No: 202305-1820-002
Status: Received in OIRA	Previous ICR Reference No: 202002-1820-003
Agency/Subagency: ED/OSERS	Agency Tracking No: ED-2023-SCC-0083
Title: IDEA Part B State Performance Plan (SPP) and Annual Performance Report (APR)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	60	60
Time Burden (Hours)	107,700	107,400
Cost Burden (Dollars)	0	0

---

Abstract: In accordance with 20 U.S.C. 1416(b)(1), not later than 1 year after the date of enactment of the Individuals with Disabilities Education, as revised in 2004, each State must have in place a performance plan that evaluates the State’s efforts to implement the requirements and purposes of Part B and describe how the State will improve such implementation. This plan is called the Part B State Performance Plan (Part B - SPP). In accordance with 20 U.S.C. 1416(b)(2)(C)(ii) the State shall report annually to the public on the performance of each local educational agency located in the State on the targets in the State’s performance plan. The State also shall report annually to the Secretary on the performance of the State under the State’s performance plan. This report is called the Part B Annual Performance Report (Part B - APR). Information Collection 1820-0624 corresponds to 34 CFR §§300.600-300.602. In this information collection revision two revisions are proposed: (1) adding a separate general supervision indicator and continuing the requirement to report on the identification and correction of findings of all noncompliance related to SPP/APR compliance indicators; and (2) revising Indicators 4A and 4B to require States to report on elements of their existing methodology that are necessary for OSEP to analyze and determine the reasonableness of such methodology for identifying significant discrepancies in local educational agencies (LEAs). The proposed revisions are focused on improving results and the development and learning for all children with disabilities, and aligning with the administration’s priorities including, State general supervision systems and the disparities in the use of discipline for children with disabilities.

---

Authorizing Statute(s): US Code: 20 USC 1400 Name of Law: Individuals with Disabilities Education Improvement Act of 2004
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 30116	05/10/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 62778	09/13/2023
Did the Agency receive public comments on this ICR? Yes

---

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

IC Title	Form No.	Form Name
IDEA Part B State Performance Plan (SPP) and Annual Performance Report (APR)	NA	NA

---

ICR Summary of Burden

	Total Request	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	60	60	0	0	0	0
Annual Time Burden (Hours)	107,700	107,400	0	300	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The Department is making revisions to the approved information collection. The program changes and subsequent revisions to the Part C SPP/APR, which would go into effect with States’ FFY 2023 SPP/APR to be submitted in February 2025, are focused on on improving results and the development and learning for all children with disabilities, and aligning with the administration’s priorities including, State general supervision systems. The burden is increased by five hours per response due to program changes due to agency discretion.

---

Annual Cost to Federal Government: $27,000

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

---

Common Form ICR:  No

---

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: 09/13/2023

---