[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Notices]
[Page 78757-78761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de08-54]
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DEPARTMENT OF EDUCATION
Readiness and Emergency Management for Schools Grant Program
Catalog of Federal Domestic Assistance (CFDA) Number: 84.184E.
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of proposed priorities and requirements.
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SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools
proposes priorities and requirements for the Readiness and Emergency
Management for Schools (REMS) grant program. The Assistant Deputy
Secretary may use one or more of these priorities or requirements for
competitions in fiscal year (FY) 2009 and later years. The REMS program
was established in FY 2003 to provide resources to local educational
agencies (LEAs) to supportimproving and enhancing emergency management
plans. Since the initial competition, the program has undergone several
program refinements designed to respond to changes in the emergency
management field and the identification of key emergency management
priorities. In an effort to continue to refine the REMS program, we are
publishing these revised priorities and requirements. We propose this
action in order to focus Federal financial assistance on supporting
grants that will increase the capacity of LEAs to prevent and mitigate,
prepare for, respond to, and recover from emergencies. This action is
also intended to focus funding on LEAs that have not previously
received funding under this program and to establish other core program
requirements.
DATES: We must receive your comments on or before January 22, 2009.
ADDRESSES: Address all comments about the proposed priorities and
requirements to Sara Strizzi, U.S. Department of Education, 1391 Speer
Boulevard, Suite 800, Denver, CO 80204. Telephone: (303) 346-0924.
If you prefer to send your comments through the Internet, use the
following address: sara.strizzi@ed.gov. You must include the term ``FY
09 REMS NPP'' in the subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Sara Strizzi. Telephone: (303) 346-
0924 or by e-mail: sara.strizzi@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect in
developing the notice of final priorities and requirements, we urge you
to identify clearly the specific proposed priority or requirement that
each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
priorities and requirements. Please let us know of any further ways we
could reduce potential costs or increase potential benefits while
preserving the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about this notice in room 10001, 550 12th Street, SW.,
Washington, DC, between the hours of 8:30 a.m. and 4
[[Page 78758]]
p.m., Washington, DC, time, Monday through Friday of each week except
Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: Past emergencies, such as the events of
September 11, 2001, Hurricanes Katrina and Rita, and emergencies
related to other natural and man-made hazards, reinforce the need for
schools and communities to plan for traditional crises and emergencies,
as well as other catastrophic events. The REMS grant program provides
funds to LEAs to establish an emergency management process that focuses
on reviewing and strengthening emergency management plans, within the
framework or the four phases of emergency management (Prevention-
Mitigation, Preparedness, Response, and Recovery). The program also
provides resources to LEAs to provide training for staff on emergency
management procedures and requires that LEAs develop comprehensive all-
hazards emergency management plans in collaboration with community
partners including local law enforcement, public safety, public health,
and mental health agencies, and local government.
Program Authority: 20 U.S.C. 7131.
Applicable Program Regulations: 34 CFR part 299.
Proposed Priorities
This notice contains three proposed priorities.
Proposed Priority 1--LEA Projects Designed To Develop and Enhance Local
Emergency Management Capacity
Background
The REMS grant program was established to provide Federal financial
assistance to support LEAs in improving and strengthening emergency
management plans at the LEA and school-building levels. Because
emergency management planning is a continuous process in which plans
should be reviewed and revised on a regular basis, the REMS program
seeks to support activities designed to assist LEAs in developing
sustainable emergency management efforts. A key aspect of ensuring
sustainability is increasing LEA capacity to implement all aspects of
emergency management, including conducting vulnerability assessments,
developing and updating written emergency procedures, training staff,
and conducting drills and exercises. Working with local community
partners, such as law enforcement, public safety, mental health, and
public health agencies, and local government, and ensuring that LEA
staff possess the requisite knowledge and expertise to carry out key
emergency management tasks are critical in ensuring sustainability.
Since the initial competition under this program in FY 2003, our
experience in reviewing grantee program activities and outcomes
suggests that grantees whose projects do not focus on developing the
capacity of LEA staff and first responders are likely to find it
challenging to sustain their project activities and continue to meet
the LEA's ongoing emergency management needs. Based upon this
experience, we have identified a need to focus this program more
specifically on increasing local emergency management capacity.
Proposed Priority: Under this proposed priority, we support LEA
projects designed to create, strengthen, or improve emergency
management plans at the LEA and school-building levels and build the
capacity of LEA staff so that the LEA can continue the implementation
of key emergency management functions after the period of Federal
funding. Projects must include a plan to create, strengthen, or improve
emergency management plans, at the LEA and school-building levels, and
within the framework of the four phases of emergency management:
Prevention-Mitigation, Preparedness, Response, and Recovery. Projects
must also include: (1) Training for school personnel in emergency
management procedures; (2) coordination, and the use of partnerships,
with local law enforcement, public safety, public health, and mental
health agencies, and local government to assist in the development of
emergency management plans at the LEA and school-building levels; (3) a
plan to sustain the local partnerships after the period of Federal
assistance; (4) a plan for communicating school emergency management
policies and reunification procedures for parents/guardians and their
children following an emergency; and (5) a written plan for improving
LEA capacity to sustain the emergency management process through
ongoing training of personnel and the continual review of policies and
procedures.
Proposed Priority 2--Priority for LEAs That Have Not Previously
Received a Grant Under the REMS Program (CFDA 84.184E) and Are Located
in an Urban Areas Security Initiative Jurisdiction
Background
In FY 2003, the Department of Homeland Security established the
Urban Areas Security Initiative (UASI) to focus Federal preparedness
resources on the unique planning, equipment, training, and exercise
needs of high-threat, high-density urban areas. The intent of the UASI
is to create a sustainable national model program that will enhance
security and overall preparedness in order to prevent, respond to, and
recover from acts of terrorism. Jurisdictions' inclusion in the UASI is
determined by a formula using a combination of current threat
estimates, critical assets within the specific urban area, and
population density.
The Governor of each State has designated a State Administrative
Agency (SAA) as the entity responsible for applying for, and
administering, funds under the U.S. Department of Homeland Security
Grant Program (which includes the UASI). The SAA is also responsible
for defining the geographic borders for jurisdictions included in the
UASI.
Ensuring that LEAs are adequately prepared for multiple hazards is
a significant national concern. LEAs located in vulnerable, high-
density areas have unique emergency management planning needs. While
many LEAs in UASI jurisdictions have received funding under the REMS
program in prior years, a number of LEAs located in UASI jurisdictions
have not received the resources needed to improve and enhance their
emergency management plans. In order to help meet the needs of these
LEAs, we propose a priority for LEAs, including educational services
agencies (ESAs), that have not previously received a grant under this
program and are located within UASI jurisdictions.
Proposed Priority: We give a priority to applications from LEAs
that (1) have not yet received a grant under this program (CFDA
84.184E) and (2) are located in whole or in part within Urban Areas
Security Initiative (UASI) jurisdictions, as determined by the U.S.
Department of Homeland Security (DHS). Applicants, including
educational services agencies (ESAs), must meet both of these criteria
in order to meet this priority. Under a consortium application, all
members of the LEA consortium, including any
[[Page 78759]]
ESAs, must meet both criteria to meet this priority.
Because DHS's determination of UASI jurisdictions may change from
year to year, applicants under this priority must refer to the most
recent list of UASI jurisdictions published by DHS when submitting
their applications. In any notice inviting applications using this
priority, the Department will provide applicants with information
necessary to access the most recent DHS list of UASI jurisdictions.
Proposed Priority 3--Priority for Applicants That Have Not Previously
Received a Grant Under the REMS Program (CFDA 84.184E)
Background
Ensuring that schools are attempting to prevent or mitigate,
prepared to respond to, and equipped to recover from emergency
situations that may arise from multiple hazards, including natural and
man-made, is an issue of national importance. Since FY 2003, 606
projects have received funding under the REMS grant program to improve
and enhance emergency management plans, a significant number but a
small percentage of the total number of LEAs within the United States.
To address the emergency management planning needs of LEAs that have
not previously received funding under this program, we propose a
priority for LEAs, including educational services agencies (ESAs), that
have not yet received a grant under this program.
By establishing this priority, we hope to ensure that REMS grant
funds reach greater numbers of schools and students whose emergency
management planning needs have not previously been addressed.
Proposed Priority: We give priority to applications from LEAs that
have not previously received a grant under this program (CFDA 84.184E).
Applicants, including educational service agencies (ESAs), that have
received funding under this program directly, or as the lead agency or
as a partner in a consortium application under this program, will not
meet this priority. Under a consortium application, all members of the
LEA consortium must meet this criterion to meet this priority.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. 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 (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the 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 priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Requirements
Background
The REMS program is intended to provide resources to LEAs to assist
in the development of comprehensive, sustainable emergency management
plans at the LEA and school-building levels. Creating and maintaining
such plans should be accomplished through close collaboration between
the LEA and local community partners and should be coordinated with
other State and local emergency management efforts. Collaboration and
coordination at the local level will ensure that emergency management
plans are customized to address local risks and vulnerabilities, taking
local resources, assets, and response times into consideration, and
will prevent duplication of effort.
Further under the REMS program, all LEAs will develop customized
emergency management plans at the LEA and school-building levels that
include plans for addressing the outbreak of infectious diseases, plans
for ensuring food safety, and plans for addressing the needs of
individuals with disabilities in an emergency.
Preventing infectious diseases and ensuring a safe and healthy
school environment is a significant component of emergency management
planning. In addition to causing widespread illness, an especially
severe influenza pandemic could result in widespread school closings,
absenteeism, and disruptions to the learning environment. Whether or
not a pandemic strikes, seasonal influenza and other infectious
diseases continue to pose a concern with respect to the health of
students as well as the functioning of schools. Although it may be
difficult to prevent a widespread pandemic or other infectious disease
outbreak, the effects can be mitigated through proper prevention and
planning strategies.
The protection of school food supplies against intentional
contaminants is another critical component of emergency management.
Effective food defense planning protects against intentional
contamination of food, water, or facilities through the introduction of
chemical or biological hazards by individuals seeking to harm students
and staff. To help protect school food supplies, emergency management
plans should include a written food defense plan designed to protect
food storage, preparation, and delivery areas.
Comprehensive emergency management plans should include procedures
that address the communication, medical, and evacuation needs of
individuals with disabilities. Such procedures should be customized for
each individual based upon input from parents and guardians, teachers,
first responders, and the individuals themselves. Schools may also need
to develop general plans for individuals with disabilities for use in
congregate settings such as athletic events, graduations, or community
meetings.
Emergency management plans should be based on the most current
emergency management practices as established by 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.
Ensuring that public agencies at all levels of government, including
LEAs, are implementing common emergency management principles,
terminology, and organizational processes is critical to ensuring an
effective and efficient response to an emergency.
Implementation of the NIMS is a dynamic process that will continue
to evolve over time. In order to receive Federal preparedness funding
under the REMS program, LEAs must cooperate with the efforts of their
communities to meet the minimum NIMS requirements established for each
fiscal year.
Proposed Requirements
The Assistant Deputy Secretary proposes the following requirements
for this program. We may apply one or more of these requirements in any
year in which this program is in effect.
[[Page 78760]]
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:
The law enforcement agency, the public safety agency, the public health
agency, the mental health agency, 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 management
plans at the LEA and school-building levels, a description of each
partner's commitment to the continuation and continuous improvement of
emergency management plans at the LEA and school-building levels, and
the signature of an authorized representative of the LEA and each
partner acknowledging the agreement. For consortium applications, each
LEA to be served by the grant must submit a complete set of partner
agreements with the signature of an authorized representative of the
LEA and each corresponding partner acknowledging the agreement.
If one or more of the five partners listed in this requirement 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
agency, public health agency, mental health agency, or the head of the
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.
Coordination with State or Local Homeland Security Plan: All
emergency management plans receiving funding under this program must be
coordinated with the Homeland Security Plan of the State or locality in
which the LEA is located. 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.
Infectious Disease Plan: To be considered for a grant award,
applicants must agree to develop a written plan designed to prepare the
LEA for a possible infectious disease outbreak, such as pandemic
influenza. Plans must address the four phases of emergency management
(Mitigation/Prevention, Preparedness, Response, and Recovery) and
include a plan for disease surveillance (systematic collection and
analysis of data that lead to action being taken to prevent and control
a disease), school closure decision making, business continuity
(processes and procedures established to ensure that essential
functions can continue during and after a disaster), and continuation
of educational services.
Food Defense Plan: To be considered for a grant award, applicants
must agree to develop a written food defense plan that includes the
four phases of emergency management (Prevention-Mitigation,
Preparedness, Response, and Recovery) and is designed to safeguard the
LEA's food supply, including all food storage and preparation
facilities and delivery areas within the LEA.
Individuals with Disabilities: Applicants must agree to develop
plans that take into consideration the communication, medical, and
evacuation needs of individuals with disabilities within the schools in
the LEA.
Implementation of the National Incident Management System (NIMS):
Applicants must agree to implement their grant in a manner consistent
with the implementation of the NIMS in their communities. Applicants
must include in their applications an assurance that they have met, or
will complete, all current NIMS requirements by the end of the grant
period.
Because DHS' determination of NIMS requirements may change from
year to year, applicants must refer to the most recent list of NIMS
requirements published by DHS when submitting their applications. In
any notice inviting applications, the Department will provide
applicants with information necessary to access the most recent DHS
list of NIMS requirements.
Note: 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 in ensuring that first responder services
are delivered to schools in a timely and effective manner.
Additional information about NIMS implementation and requirements is
available at http://www.fema.gov/emergency/nims/.
Final Priorities and Requirements
We will announce the final priorities and requirements in a notice
in the Federal Register. We will determine the final priorities and
requirements after considering responses to this notice and other
information available to the Department. This notice does not preclude
us from proposing additional priorities, requirements, definitions, or
selection criteria, subject to meeting applicable rulemaking
requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these priorities or
requirements, we invite applications through a notice in the Federal
Register.
Executive Order 12866
This notice 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 this proposed regulatory action
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 proposed regulatory action, we have determined
that the benefits of the proposed priorities and requirements justify
the costs.
We have determined, also, that this proposed regulatory action does
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Discussion of Costs and Benefits
The potential costs associated with the proposed priorities and
requirements are minimal while the benefits are significant.
Grantees may anticipate costs in developing written infectious
disease and food defense plans, implementing the NIMS requirements, and
developing emergency management plans for individuals with
disabilities. Grantees may also anticipate costs in achieving increased
local emergency management
[[Page 78761]]
capacity. However, these costs may be included in the grant budget and,
therefore, will have little financial impact on the applicant.
The benefit of the proposed priorities and requirements is that
grantees that develop a comprehensive, NIMS-compliant emergency
management plan that includes training and capacity building for staff
and plans for addressing the needs of individuals with disabilities,
and is implemented in coordination with community partners, may prevent
or mitigate the financial and human impact of an emergency in the LEA.
In addition, by having written plans designed to address infectious
diseases and protect the LEA's food supplies, LEAs may be able to
prevent or mitigate the adverse effects of these hazards, which in turn
could result in significant savings in health care and other financial
costs for the school community.
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.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or computer diskette) on request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: You can 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.
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.
Dated: December 17, 2008.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. E8-30578 Filed 12-22-08; 8:45 am]
BILLING CODE 4000-01-P