FR Doc 05-12225
[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Notices]
[Page 35652-35655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-69]
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DEPARTMENT OF EDUCATION
Safe and Drug-Free Schools Programs, Final Priority and Other
Application Requirements
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of final priority and other application requirements.
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SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools
announces a priority and other application requirements under the
Emergency Response and Crisis Management Grants program. We may use
this priority and these application requirements for competitions in
fiscal
[[Page 35653]]
year (FY) 2005 and later years. We take this action to focus Federal
financial assistance on an identified national need. We intend the
priority to support grants to local educational agencies (LEAs) to
improve and strengthen emergency response and crisis management plans.
EFFECTIVE DATE: The priority and other application requirements are
effective July 21, 2005.
FOR FURTHER INFORMATION CONTACT: Sara Strizzi, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 3E320, Washington, DC 20202.
Telephone: (202) 708-4850 or via Internet: sara.strizzi@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The events of September 11, 2001, made
schools and communities aware that, in addition to planning for
traditional crises and emergencies, schools must now plan to respond to
possible terrorist attacks on campus or in the community. The purpose
of this program is to support LEA projects to improve and strengthen
emergency response and crisis management plans, at the district and
school-building level, addressing the four phases of crisis planning:
Prevention/Mitigation, Preparedness, Response, and Recovery. Plans must
include: (1) training for school personnel and students in emergency
response procedures; (2) coordination with local law enforcement,
public safety, public health, and mental health agencies; and (3) a
method for communicating school emergency response policies and
reunification procedures to parents and guardians.
We published a notice of proposed priority and other application
requirements for this program in the Federal Register on April 14, 2005
(70 FR 19736).
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority
and other application requirements, three parties submitted comments on
the proposed priority and application requirements. An analysis of the
comments and of any changes in the priority and other application
requirements since publication of the notice of proposed priority and
other application requirements follows.
Generally, we do not address technical and other minor changes and
suggested changes the law does not authorize us to make under the
applicable statutory authority.
Comment: One commenter requested clarification regarding the
implementation date of September 30, 2005 for requirements under the
National Incident Management System (NIMS). The commenter noted that
the proposed July 29, 2005 application due date does not allow adequate
time to complete implementation of the NIMS requirements by September
30, 2005.
Discussion: The Department of Homeland Security (DHS) has
established minimum NIMS compliance activities and deadlines for the
State, territorial, and local levels for FY 2005, which ends on
September 30, 2005. The activities and deadlines listed in the notice
of proposed priority and other application requirements reflected these
requirements. However, as FY 2005 is a start-up year for NIMS
implementation, full compliance with the NIMS is not a requirement to
receive FY 2005 grant funds. LEAs that have not completed all FY 2005
NIMS requirements by September 30, 2005 should leverage preparedness
assistance to complete NIMS implementation by September 30, 2006.
Change: We have revised the priority to clarify NIMS implementation
deadlines. The priority now allows for LEAs that have not completed all
FY 2005 NIMS requirements by September 30, 2005 to complete
implementation of the requirements during FY 2006.
Comment: One commenter suggested substituting ``local public health
agencies'' for ``local health agencies'' in the priority and
application requirements.
Discussion: We agree that the priority and other application
requirements would be clearer with the change recommended by the
commenter. The term ``public health'' is used consistently at the
Federal, State, and local levels to describe an agency or entity that
performs essential functions including public health programs,
activities, or services. Public health agencies are directly
responsible for critical aspects related to emergency planning and
response. According to DHS, public health agencies are the primary
entities responsible for conducting one or more of the following
functions or activities: monitoring health status to identify community
health problems; diagnosing and investigating health problems and
health hazards in the community; informing, educating and empowering
people about health issues; mobilizing community partnerships to
identify and solve health problems; developing policies and plans that
support individual and community health efforts; enforcing laws and
regulations that protect health and ensure safety; evaluating the
effectiveness, accessibility, and quality of personal and population-
based health services; and researching for new insights and innovative
solutions to health problems. The term ``public health agencies'' more
accurately reflects the role of the health care system in emergency
planning and response.
Change: We have substituted ``local public health agencies'' for
``local health agencies'' in the priority and application requirements.
Comment: One commenter suggested that the priority allow for
funding State educational agencies (SEAs) in order to encourage
standardization and involvement at the State level as well as the local
level.
Discussion: Generally, we believe that LEAs are better positioned
to support the development of emergency response and crisis management
plans that are specific to individual school sites--the primary focus
of this grant program. LEAs must identify local first responders and
mental health professionals to help schools respond to crises and to
support students and their families and staff in the recovery process.
LEAs also work with schools directly in developing plans that address
unique local threats and conditions. While some issues associated with
response and recovery lend themselves to a degree of standardization
(for example selection of communication equipment and communication
protocols), even standardized processes or plans must be modified to
address unique local needs and issues. We believe that SEAs have a very
significant and valuable role to play in the development of Statewide
or regional protocols, practices, and templates related to crisis
prevention, response and recovery, but that those plans must be adapted
and practiced at the LEA and school building level if they are to
provide school personnel and other first responders with the skills and
confidence they need to effectively manage a crisis situation. We
encourage SEAs to work in collaboration with individual districts and
to provide guidance as needed.
Change: None.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority and other application
[[Page 35654]]
requirements, we invite applications through a notice in the Federal
Register. When inviting applications we designate the priority as
absolute, competitive preference, or invitational. The effect of
each type of priority follows:
Absolute priority: Under an absolute priority we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority we give competitive preference to an application by either
(1) awarding additional points, depending on how well or the extent
to which the application meets the competitive priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive priority over an application of comparable merit that
does not meet the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over
other applications (34 CFR 75.105(c)(1)).
Priority
Improvement and Strengthening of School Emergency Response and Crisis
Management Plans
The priority supports local educational agency (LEA) projects to
improve and strengthen emergency response and crisis management plans,
at the district and school-building level addressing the four phases of
crisis planning: Prevention/Mitigation, Preparedness, Response, and
Recovery. Plans must include: (1) Training for school personnel and
students in emergency response procedures; (2) coordination with local
law enforcement, public safety, public health, and mental health
agencies; and (3) a method for communicating school emergency response
policies and reunification procedures to parents and guardians.
Other Application Requirements
1. Partner Agreements. To be considered for a grant award, an
applicant must include in its application an agreement that details the
participation of each of the following five community-based partners:
Law enforcement, public safety, public health, mental health, and the
head of the applicant's local government (for example the mayor, city
manager, or county executive). The agreement must include a description
of each partner's roles and responsibilities in improving and
strengthening emergency response plans at the district and school-
building level, a description of each partner's commitment to the
continuation and continuous improvement of emergency response plans at
the district and school-building level, and an authorized signature
representing the LEA and each partner acknowledging the agreement. If
one or more of the five partners listed is not present in the
applicant's community, or cannot feasibly participate, the agreement
must explain the absence of each missing partner. To be considered
eligible for funding, however, an application must include a signed
agreement between the LEA, a law enforcement partner, and at least one
of the other required partners (public safety, public health, mental
health, or head of local government).
Applications that fail to include the required agreement, including
information on partners' roles and responsibilities and on their
commitment to continuation and continuous improvement (with signatures
and explanations for missing signatures as specified above), will not
be read.
Although this program requires partnerships with other parties,
administrative direction and fiscal control for the project must remain
with the LEA.
2. Coordination with State or Local Homeland Security Plan. All
emergency response and crisis management plans must be coordinated with
the Homeland Security Plan of the State or locality in which the LEA is
located. All States submitted such a plan to the Department of Homeland
Security on January 30, 2004. To ensure that emergency services are
coordinated, and to avoid duplication of effort within States and
localities, applicants must include in their applications an assurance
that the LEA will coordinate with, and follow, the requirements of
their State or local Homeland Security Plan for emergency services and
initiatives.
3. Support of the National Incident Management System. Applicants
also must agree to support the implementation of the National Incident
Management System (NIMS). In accordance with Homeland Security
Presidential Directive/HSPD-5, the NIMS provides a consistent approach
for Federal, State, and local governments to work effectively and
efficiently together to prepare for, prevent, respond to, and recover
from domestic incidents, regardless of cause, size, or complexity.
LEAs, working in collaboration with State and local resources, are
encouraged to achieve full NIMS implementation by September 30, 2005.
To the extent that full compliance is not possible by September 30,
2005, LEAs, working in coordination with State and local resources,
should leverage federal preparedness assistance to complete NIMS
implementation by September 30, 2006. To be considered eligible for
funding, an application must include an assurance that the LEA has
completed, or will complete by September 30, 2006, the following steps
to support NIMS implementation:
Administer the NIMS Awareness Course: ``National Incident
Management System (NIMS), An Introduction'' (IS 700) to key district
and school staff. This independent study course, developed by the
Emergency Management Institute (EMI), explains the purpose, principles,
key components, and benefits of the NIMS. The course is available
online and will take between forty-five minutes to three hours to
complete. The course is available on the EMI Web site at: http://training.fema.gov/EMIWeb/IS/is700.asp
Formally recognize the NIMS and adopt NIMS principles and
policies. Districts and/or their local government should establish an
executive order, resolution, or ordinance to formally adopt the NIMS.
Establish a NIMS baseline to determine which NIMS
requirements have been met by the LEA. Districts should coordinate with
their community partners to assess the district's overall compliance
with the NIMS, and determine gaps in compliance that need to be closed
in order to reach full implementation of the NIMS.
Establish a timeframe and strategy for full NIMS
implementation.
Establish the use of the Incident Command System (ICS).
The ICS has been established by the NIMS as the standardized incident
organizational structure for the management of all incidents. Districts
should coordinate with community partners listed above in
institutionalizing the use of the ICS in a manner that is consistent
with the concepts and principles in the NIMS.
Note: Since LEAs are integral to local governments, an LEA's
NIMS compliance must be achieved in close coordination with the
local government and with recognition of the first responder
capabilities held by the LEA and the local government. As LEAs are
not traditional response organizations, first responder services
will typically be provided to LEAs by local fire and rescue
departments, emergency medical service providers, and law
enforcement agencies. This traditional relationship must be
acknowledged in achieving NIMS compliance in an integrated NIMS
compliance plan for the local government and the LEA. LEA
participation in the NIMS preparedness program of the local
government is essential to ensure that first responder services are
delivered to
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schools in a timely and effective manner. Additional information
about NIMS implementation is available at http://www.fema.gov/nims.
4. Individuals with Disabilities. The applicant's plan must
demonstrate that the applicant has taken into consideration the
communication, transportation, and medical needs of individuals with
disabilities within the school district.
Executive Order 12866
This notice of final priority and other application requirements
has been reviewed in accordance with Executive Order 12866. Under the
terms of the order, we have assessed the potential costs and benefits
of this regulatory action.
The potential costs associated with the notice of final priority
are those resulting from statutory requirements and those we have
determined as necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priority and other application
requirements, we have determined that the benefits of the final
priority and other application requirements justify the costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
We summarized the costs and benefits in the notice of proposed
priority and other application requirements.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Electronic Access to This Document: You may view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
You may also view this document in text or PDF at the following
sites: http://www.ed.gov/emergencyplan, http://www.ed.gov/programs/dvpemergencyresponse/index.html.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number 84.184.E-Emergency
Response and Crisis Management Grant program.)
Program Authority: 20 U.S.C. 7131.
Dated: June 16, 2005.
Deborah A. Price,
Asistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 05-12225 Filed 6-20-05; 8:45 am]
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