FR Doc 05-7531
[Federal Register: April 14, 2005 (Volume 70, Number 71)]
[Notices]
[Page 19736-19738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap05-32]
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DEPARTMENT OF EDUCATION
Emergency Response and Crisis Management Grant Program
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of proposed priority and other application requirements.
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SUMMARY: We propose a priority and other application requirements under
the Emergency Response and Crisis Management Grant program. We may use
this priority and the application requirements for competitions in
Fiscal Year (FY) 2005 and in later years. We take this action to focus
Federal financial assistance on supporting grants to local educational
agencies (LEAs) in improving and strengthening emergency response and
crisis management plans that address the four phases of crisis
planning: Prevention/Mitigation, Preparedness, Response, and Recovery.
DATES: We must receive your comments on or before May 16, 2005.
ADDRESSES: Address all comments about this proposed priority and other
application requirements to Sara Strizzi, 400 Maryland Avenue, SW.,
room 3E320, Washington, DC 20202-6450. If you prefer to send your
comments
[[Page 19737]]
through the Internet, use the following address: sara.strizzi@ed.gov.
FOR FURTHER INFORMATION CONTACT: Sara Strizzi. 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 1-888-877-8339.
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:
Invitation To Comment
We invite you to submit comments regarding this proposed priority
and other application requirements.
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 this proposed
priority and other application requirements. Please let us know of any
further opportunities we should take to 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 proposed priority and other application
requirements in 400 Maryland Ave, SW., room 3E320, Washington, DC,
between the hours of 8:30 a.m. and 4 p.m., eastern time, Monday through
Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for this proposed priority and other application
requirements. If you want to schedule an appointment for this type of
aid, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
Background: 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. We propose this priority and
other application requirements under the Safe and Drug-Free Schools and
Communities National Programs to focus on the important need of LEAs to
strengthen and improve school crisis plans in coordination with
community-based partners.
We will announce the final priority and other application
requirements in a notice in the Federal Register. We will determine the
final priority and other application requirements after considering
responses to this notice and other information available to the
Department. This notice does not preclude us from proposing or using
additional priorities or other application requirements, subject to
meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this proposed priority and other application
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. This proposed 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, 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: We propose establishing the
following 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, 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, 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 reside
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
[[Page 19738]]
their State or local Homeland Security Plan for emergency services and
initiatives.
3. Support of the National Incident Management System. Applicants
also must also 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.
Specifically, applicants must include in their applications an
assurance that, by September 30, 2005, they will complete, to the
maximum extent possible, 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. States, territories, tribes, and local entities are
encouraged to achieve full NIMS implementation by September 30, 2005,
to the maximum extent possible.
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 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 proposed 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 proposed priority
and other application requirements 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 proposed priority and other
application requirements, we have determined that the benefits of the
proposed 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.
Summary of potential costs and benefits: The potential cost
associated with this proposed priority and other application
requirements is minimal while the benefits are significant. Grantees
may anticipate costs with completing the application process in terms
of staff and partner time, copying, and mailing or delivery. The use of
E-Application technology reduces mailing and copying costs
significantly.
Grantees may also anticipate costs in achieving NIMS compliance.
However, these costs may be included in the grant budget and,
therefore, will have little financial impact on the applicant.
The benefit of this proposed priority and other application
requirements is that grantees that develop a comprehensive emergency
response and crisis management plan that includes training and that is
implemented in coordination with community partners may mitigate the
financial and human impact of a crisis in their district.
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 Department of
Education documents 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 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/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: April 11, 2005.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 05-7531 Filed 4-13-05; 8:45 am]
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