Language for Recordkeeping Requirement (LEAs)

1870-0505

Estimated Annual Burden and Respondent Costs Table

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.

For the activity required under final section 34 CFR 106.45(b)(2), the Department estimates the number of affected respondents to be 16,606 LEAs, 6,766 IHEs and 600 other entities that are recipients of Federal financial assistance; each under a burden of the required notices of 1.5 hours; with an annual hour burden estimated at 35,958 hours in Year 1 and 0 hours in subsequent years (23,972 respondents x 1.5 hours = 35,958). The estimated costs to the respondents are a total of $2,650,654.

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.

For the activity required under final section 34 CFR 106.45(b)(9), the Department estimates the number of affected respondents to be 16,606 LEAs, 6,766 IHEs and 600 other entities that are recipients of Federal financial assistance; each under a burden of the required notices of 1.5 hours; with an annual hour burden estimated at 35,958 hours in Year 1 and 0 hours in subsequent years (23,972 respondents x 1.5 hours = 35,958). The estimated costs to the respondents are a total of $2,650,654.

Section 106.45(b)(10): Recordkeeping requires recipients to maintain certain documentation regarding their Title IX activities.

For the activity required under final section 34 CFR 106.45(b)(10), the Department estimates the number of affected respondents to be 16,606 LEAs, 6,766 IHEs and 600 other entities that are recipients of Federal financial assistance; each under a burden of recordkeeping of 12 hours for the LEAs and other entities and 104 hours for IHEs in the first year of these regulations with an annual hour burden estimated at 910,316 hours and $39,114,530 in Year 1.

For the activity required under final section 34 CFR 106.45(b)(10), the Department estimates the number of affected respondents to be 16,606 LEAs, 6,766 IHEs and 600 other entities that are recipients of Federal financial assistance; each under a burden of recordkeeping of 6 hours for the LEAs and other entities and 52 hours for IHEs in Years 2-3 to recognize the difference between development and maintenance of a recordkeeping system. The estimated annual burden is 455,068 hours and $15,189,260 for a total in years 2-3 of an estimated burden of 910,136 hours and $30,378,520.

For Section 106.45(b)(10) in Years 1-3, we estimate a total of 1,820,272 hours and $69,493,050 costs for 23,972 respondents.

For all of the sections above the three-year calculations are 23,972 respondents with 119,860 responses at 1,892,188 burden hours for an estimated $74,794,358 costs. See the table below

Information Activity or IC (with type of respondent)	Number of Respondents	Number of Responses	Average Burden Hours per Response	Total Annual Burden Hours	Total Annual Costs (hourly wage x total burden hours)
106.45(b)(2) Year 1	23,972	23,972	1.5	35,958	$2,650,654
106.45(b)(9) Year 1	+	23,972	1.5	35,958	$2,650,654
106.45(b)(10) Year 1	+	16,606	12	199,272	*
106.45(b)(10) Year 1	+	6,766	104	703,664	*
106.45(b)(10) Year 1	+	600	12	7,200	$39,114,530
106.45(b)(10) Years 2 & 3	+	33,212	6	199,727	**
106.45(b)(10) Years 2 & 3	+	13,532	52	703,664	**
106.45(b)(10) Years 2 & 3	+	1,200	6	7,200	$30,378,520
TOTALS	23,972	119,860		1,892,188	$74,794,358