[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5235-5239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02379]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comments Request--Evaluation of the Independent Review of Applications 
Process for School Meal Programs

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice invites the general public and other public agencies to comment 
on this proposed information collection. This collection is a new 
collection. The primary purpose of this study is to provide FNS with 
information about the effectiveness of the Independent Review of 
Applications (IRA) requirement that is conducted by local educational 
agencies in the school meal programs identified by the State agency as 
demonstrating high levels of, or a high risk for, administrative error 
in the certification of free and reduced price applications.

DATES: Written comments must be received on or before April 9, 2018.

ADDRESSES: Comments may be sent to: Jinee Burdg, MPP, RDN, LDN, Food 
and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center 
Drive, Alexandria, VA 22302. Comments may also be submitted via fax to 
the attention of Jinee Burdg at 703-305-2744 or via email to 
[email protected].

[[Page 5236]]

Comments will also be accepted through the Federal eRulemaking Portal. 
Go to http://www.regulations.gov, and follow the online instructions 
for submitting comments electronically.
    All written comments will be open for public inspection at the 
office of the Food and Nutrition Service during regular business hours 
(8:30 a.m. to 5 p.m. Monday through Friday) at 3101 Park Center Drive, 
Alexandria, Virginia 22302.
    All responses to this notice will be summarized and included in the 
request for Office of Management and Budget approval. All comments will 
be a matter of public record.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of this information collection should be directed to Jinee Burdg 
at 703-305-2744.

SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
that were used; (c) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (d) ways to minimize the burden 
of the collection of information on those who are to respond, including 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology.
    Title: Evaluation of the Independent Review Process.
    Form Number: Not applicable.
    OMB Number: 0584--NEW.
    Expiration Date: Not yet determined.
    Type of Request: New collection.
    Abstract: USDA's Food and Nutrition Service (FNS) administers the 
National School Lunch Program (NSLP) and School Breakfast Program (SBP) 
at the Federal level. Collectively, these programs are referred to as 
the school meal programs. At the State level, State agencies, typically 
State Departments of Education or Agriculture, operate the programs 
through agreements with Local Education Agencies (LEAs). Based on 
federal regulations at 7 CFR part 210, LEAs have the legal authority to 
operate the NSLP and SBP, and certify and verify student eligibility 
for free and reduced-price meals. Section 9 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758) and regulations at 7 CFR 
part 245 provide the requirements related to determining free and 
reduced-price meal eligibility including certification and verification 
requirements and procedures.
    Program integrity is a long-standing issue of concern for the 
school meal programs. Prior studies revealed administrative error rates 
associated with certification of eligibility for free and reduced price 
meals between 3.00 percent and 3.75 percent in School Year (SY) 2005-
2006 for the NSLP and SBP. In an effort to reduce the administrative 
certification error rate, the Healthy, Hunger-Free Kids Act of 2010 
(HHFKA, Pub. L. 111-296) amended the Richard B. Russell National School 
Lunch Act (42 U.S.C 1769c (b)) to require an ``independent review of 
applications'' (IRA) of the eligibility determinations made via free 
and reduced price applications for certain LEAs. The provision is 
required of those LEAs that demonstrate high levels of, or a high risk 
for, administrative error associated with certification, verification, 
and other school meal program administrative processes, as determined 
by the State agency.
    Program regulations at 7 CFR 245.11 provide two criteria to 
identify which LEAs must conduct the IRA: LEAs with 10 percent or more 
of certification/benefit issuances in error, as determined by the State 
agency during an administrative review (Criteria 1); and LEAs that the 
State agency considers at risk for certification error but were not 
selected under Criteria 1 (e.g., those with new electronic systems) 
(Criteria 2). LEAs must conduct the IRA before contacting the 
households to inform them of their eligibility status, and someone 
other than the original determining official must conduct it. LEAs 
first implemented the IRA requirement in SY 2014-2015.
    FNS requires State agencies to submit an annual report on the 
results of the IRA process via Form FNS-874, Local Educational Agency 
Second Review of Applications Report (approved under OMB #0584-0594 
Food Programs Reporting System (FPRS), expiration date September 30, 
2019). The FNS-874 provides information on the results of the IRA for 
each LEA subject to the requirement, including the number of 
applications with changed eligibility determinations based on the IRA; 
the types of changes (e.g., free to reduced price); and reasons for 
changes (e.g., gross income calculation error, incomplete application 
error). Examination of the data received by FNS for SY 2014-2015 and SY 
2015-2016 showed that few LEAs subject to IRA reported any changes in 
initial certification decisions as a result of conducting the IRA. This 
was unexpected given that the primary criterion for identifying LEAs to 
complete the IRA process is a demonstrated error rate of 10 percent or 
more on Administrative Review.
    FNS is conducting a study, the Evaluation of the Independent Review 
Process, to provide important information about the IRA process at the 
State and LEA levels, its results, and its overall effectiveness. The 
key research objectives are to: (1) Describe the IRA processes and 
policies at the State and LEA levels; (2) review household 
applications; and (3) assess the effectiveness of the IRA process and 
provide recommendations for best practices. This study will help FNS 
identify best practices and inform if changes may be needed to the 
process.
    The study approach includes surveys, key informant interviews, and 
analyses of household applications. Using web surveys of the 54 State 
Child Nutrition Directors and key informant telephone interviews with 
food service directors of 30 LEAs that conducted IRA, the study will 
describe implementation and burden of the IRA provision at the State 
and LEA levels. The study will then select a subsample of 20 LEAs and 
collect and review a sample of household applications from those LEAs 
for two non-consecutive school years to help evaluate the process and 
effectiveness of this requirement.
    Affected Public: State, Local or Tribal government (54 State 
government respondents and 0 non-respondents; 90 Local government 
respondents and 5 non-respondents). We estimate there will be 5 Local 
government non-respondents at the LEAs who will be contacted but choose 
not to participate. The burden for all respondents is broken down in 
the table below.
    Type of Respondents: State Child Nutrition (CN) Agency Directors; 
LEA Directors and key staff.
    Estimated Number of Respondents: The total estimated number of 
respondents is 155. This includes 3 LEA Directors and 3 LEA staff for 
cognitive testing. The main study includes 54 State Child Nutrition 
Agency Directors, 30 LEA Directors, 60 LEA key staff, and 5 non-
respondents among the LEA Directors.
    Estimated Frequency of Response: The overall frequency for the 
collection is 5.95. The estimated frequency of response is 6.08 
annually for respondents and 2.0 annually for non-respondents.
    Estimated Total Annual Responses: The total estimated number of 
responses for data collection is 922. This includes

[[Page 5237]]

912 for respondents and 10 for non-respondents.
    Estimated Time per Respondent: The estimated time of response 
varies from 1 minute to 2 hours, depending on the respondent group and 
activity. We will cognitively test both the State Director Survey and 
the LEA interview guide. We will test the survey with FNS Regional 
Office staff who have frequent interaction with State agencies. We will 
not test the survey with State agency directors because they will 
ultimately take the survey. The cognitive tests of the interview guide 
with LEA Directors and key staff will take 10 minutes to schedule 
(0.167 hours), and 90 minutes (1.5 hours) to conduct.
    The electronic study notification letters for the State CN 
Directors will take 3 minutes each (0.0501 hours), as will the 
electronic notification letter from the State CN Agency to the LEA 
Directors. The electronic notification from the study team to the LEA 
Directors, which will include a request to schedule the interview, will 
take 10 minutes (0.167 hours). Scheduling interviews with LEA key staff 
will also take 10 minutes (0.167 hours). The State Director Survey will 
take 1 hour and 14 minutes from sending the online survey link to the 
final thank you note (1 hour to complete the online survey; 1 minute 
each (0.0167 hours) for the electronic invitation with a link to the 
survey, the two electronic reminder letters to non-respondents, and one 
electronic thank you letter; 10 minutes (0.1670 hours) for a phone call 
to the State CN Directors who have not submitted the survey within 5 
days of the deadline). The study team will send 30 State CN Directors a 
notification letter about the selection of LEAs for in-depth telephone 
interviews, which will take 3 minutes (0.0501 hours). Those Directors 
will send a letter that the study team has drafted to the selected LEAs 
to notify them, which will take 10 minutes (0.167 hours). The in-depth 
telephone interview for LEA Directors and LEA key staff will take 90 
minutes (1.5 hours), and the electronic interview follow up and thank 
you note will take 10 minutes (0.167 hours). The collection of 
household applications will take 3 minutes (0.0501 hours) for the 
initial electronic request sent to the LEA Directors, two 30-minute 
phone calls (0.5 hours each) with the Director and key staff to discuss 
sampling and data collection, 2 hours for two LEA staff to compile and 
securely transmit two years of applications, and 1 minute (0.0167 
hours) for the electronic thank you note. The average estimated time 
per response across all respondents is 0.425 hours. The overall average 
response across all of the respondents (including non-respondents) in 
the entire collection is 0.421 hours.
    Estimated Total Annual Burden on Respondents: The total public 
reporting burden for this collection of information is estimated at 
388.6 hours (annually). The estimated burden for each type of 
respondent is provided in the table below.

[[Page 5238]]



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                                                                                                                                    Responsive                                             Non-Responsive                         Grand
                                                                                                            -------------------------------------------------------------------------------------------------------------------   total
                                                                                                     Sample                                                                                                                      annual
           Respondent category                Type of respondents              Instruments            size    Number of    Frequency     Total    Hours per   Annual   Number of    Frequency     Total    Hours per   Annual    burden
                                                                                                             respondents      of        annual     response   burden      non-         of        annual     response   burden   estimate
                                                                                                                           response    responses             (hours)  respondents   response    responses              (hours)   (hours)
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State Child Nutrition (CN) Agency.......  State Director.............  Electronic Study                  54           54           1          54     0.0501      2.7            0           0           0      0.000       0.0       2.7
                                                                        Notification Letter from         54           54           1          54     0.0501      2.7            0           0           0      0.000       0.0       2.7
                                                                        FNS.
                                                                       Electronic Study
                                                                        Notification Letter from
                                                                        Westat.
                                                                       Electronic Letter with Link       54           54           1          54     0.0167      0.9            0           0           0      0.000       0.0       0.9
                                                                        to Online Survey.
                                                                       Electronic Survey Reminder        30           30           1          30     0.0167      0.5            0           0           0      0.000       0.0       0.5
                                                                        Letter #1.
                                                                       Electronic Survey Reminder        15           15           1          15     0.0167      0.3            0           0           0      0.000       0.0       0.3
                                                                        Letter #2.
                                                                       Phone Calls to                     5            5           1           5     0.1670      0.8            0           0           0      0.000       0.0       0.8
                                                                        Nonrespondent State
                                                                        Directors.
                                                                       Online survey..............       54           54           1          54     1.0000     54.0            0           0           0      0.000       0.0      54.0
                                                                       Electronic thank you note         54           54           1          54     0.0167      0.9            0           0           0      0.000       0.0       0.9
                                                                        following survey
                                                                        completion.
                                                                       Electronic Notifcation            30           30           1          30     0.0501      1.5            0           0           0      0.000       0.0       1.5
                                                                        Letter from Westat
                                                                        regarding LEA selection.
                                                                       Electronic Letter from            30           30           1          30     0.1670      5.0            0           0           0      0.000       0.0       5.0
                                                                        State CN Agency to
                                                                        Selected LEAs.
                                                                                                   -------------------------------------------------------------------------------------------------------------------------------------
    State Government Sub-Total..........  ...........................  ...........................       54           54        7.04         380     0.1824     69.3            0        0.00           0     0.0000       0.0      69.3
Local Education Agency (LEA)............  LEA Director...............  Scheduling Cognitive Test          3            3           1           3     0.1670      0.5            0           0           0      0.000       0.0       0.5
                                                                        of Interview Guide.               3            3           1           3     1.5000      4.5            0           0           0      0.000       0.0       4.5
                                                                       Cognitive Test of Interview
                                                                        Guide.
                                                                       Electronic Study                  35           30           1          30     0.0501      1.5            5           1           5     0.0501       0.3       1.8
                                                                        Notification Letter from
                                                                        State CN Agency.
                                                                       Electronic Study                  35           30           1          30     0.1670      5.0            5           1           5     0.1670       0.8       5.8
                                                                        Notification Letter from
                                                                        Westat, incl. Request to
                                                                        Schedule Phone Interview.
                                                                       In-Depth Phone Interview          30           30           1          30     1.5000     45.0            0           0           0     0.0000       0.0      45.0
                                                                        (includes consent).
                                                                       In-Depth Interview Follow         30           30           1          30     0.1670      5.0            0           0           0     0.0000       0.0       5.0
                                                                        Up and Thank You Note.
                                                                       Electronic Letter Request         20           20           1          20     0.0501      1.0            0           0           0     0.0000       0.0       1.0
                                                                        for Sample of Household
                                                                        Applications.
                                                                       Phone Call to Discuss             20           20           2          40     0.5000     20.0            0           0           0     0.0000       0.0      20.0
                                                                        Sampling and Collection of
                                                                        Household Applications.
                                          LEA Key Staff..............  Scheduling Cognitive Test          3            3           1           3     0.1670      0.5            0           0           0      0.000       0.0       0.5
                                                                        of Interview Guide.
                                                                       Cognitive Test of Interview        3            3           1           3     1.5000      4.5            0           0           0      0.000       0.0       4.5
                                                                        Guide.
                                                                       Scheduling the In-Depth           60           60           1          60     0.1670     10.0            0           0           0     0.0000       0.0      10.0
                                                                        Phone Interview.
                                                                       In-Depth Phone Interview          60           60           1          60     1.5000     90.0            0           0           0     0.0000       0.0      90.0
                                                                        (includes consent).
                                                                       In-Depth Phone Interview          60           60           1          60     0.1667     10.0            0           0           0     0.0000       0.0      10.0
                                                                        Follow Up and Thank You
                                                                        Note.
                                                                       Phone Call to Discuss             40           40           2          80     0.5000     40.0            0           0           0     0.0000       0.0      40.0
                                                                        Sampling and Collection of
                                                                        Household Applications.
                                                                       Collection of Sample of           40           40           1          40     2.0000     80.0            0           0           0     0.0000       0.0      80.0
                                                                        Household Applications.
                                                                       Electronic Thank You Note         40           40           1          40     0.0167      0.7            0           0           0     0.0000       0.0       0.7
                                                                        for Household Applications.
                                                                                                   -------------------------------------------------------------------------------------------------------------------------------------
    Local Government Sub-Total..........  ...........................  ...........................      101           96        5.54         532     0.5981    318.2            5        2.00          10     0.1086       1.1     319.3
                                                                                                   -------------------------------------------------------------------------------------------------------------------------------------
        Total...........................  ...........................  ...........................      155          150        6.08         912     0.4249    387.5            5        2.00          10     0.1086       1.1     388.6
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Footnote: Annual burden hours are rounded to the nearest tenth.



[[Page 5239]]

    Dated: January 25, 2018.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2018-02379 Filed 2-5-18; 8:45 am]
 BILLING CODE 3410-30-P