[Federal Register: May 28, 2004 (Volume 69, Number 104)]
[Notices]
[Page 30787-30789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my04-142]
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Part V
Department of Education
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Office of Safe and Drug-Free Schools; Notice of Final Priority and
Other Application Requirements; Overview Information, Emergency
Response and Crisis Management Grant Program Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2004; Notices
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DEPARTMENT OF EDUCATION
RIN 1865-ZA01
[CFDA 84.184E]
Office of Safe and Drug-Free Schools; Notice of 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 Deputy Under Secretary for Safe and Drug-Free Schools
announces a priority and other application requirements under the
Emergency Response and Crisis Management Grant program. The Deputy
Under Secretary may use this priority and these application
requirements for competitions in fiscal year (FY) 2004 and later years.
We intend the priority to focus Federal financial assistance on
supporting grants to local educational agencies (LEAs) in improving and
strengthening emergency response and crisis management plans.
DATES: Effective Date: This priority and other application requirements
is effective June 28, 2004.
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 Information Relay Service (FIRS) 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 training for school personnel, students, and parents in
emergency response procedures and must include coordination with local
law enforcement, public safety, health, and mental health agencies.
We published a notice of proposed priority and other application
requirements for this program in the Federal Register on March 25, 2004
(69 FR 15303).
There are no differences between the notice of proposed priority
and other application requirements and this notice of final priority
and other application requirements.
Analysis of Comments and Changes: In response to our invitation in
the notice of proposed priority and other application requirements, two
parties submitted comments. An analysis of the comments follows. None
of the comments resulted in changes in the priority and other
application requirements since publication of the notice of proposed
priority and other application requirements.
Generally, we do not address technical and other minor changes and
suggested changes we are not authorized to make under the applicable
statutory authority.
Comment: One commenter recommended requiring coordination with
local substance abuse agencies and/or behavioral health providers. In
addition, the commenter requested that applicants be required to show
how both mental health and substance abuse concerns will be addressed
among school-aged youth.
Discussion: In some States and localities, local substance abuse
prevention agencies are separate from mental health agencies. In other
States and localities, the mental health and substance abuse
authorities at the State and local level are combined. Because of the
variation in these structures, we would have no way of knowing which
applicants are in localities in which separate local agencies for
public mental health and substance prevention exist, and which would
require an additional Emergency Response and Crisis Management partner
if we adopted the change requested by the commenter. As a result, we
would be unable to make an accurate determination regarding an
applicant's eligibility. We strongly encourage applicants for grants
under this program to partner with a range of community organizations
and entities whose participation would enhance and support their
emergency response and crisis management plan. Those LEAs situated in
localities that have a separate local substance abuse prevention agency
certainly may include that agency as an Emergency Response and Crisis
Management partner; and activities included under the Recovery Phase of
crisis response planning certainly may include activities related to
substance abuse needs among school-aged youth as related to a
particular crisis, and we encourage all LEAs to address those potential
needs in their comprehensive plans. However, given the variation in the
structure of local substance abuse prevention agencies and mental
health agencies described above, it is not administratively feasible
under this competition to require all LEA applicants to have a local
substance abuse prevention agency as a partner as a condition for
receiving one of these grants.
Change: None.
Comment: One commenter suggested that the priority allow for
funding of a school-based Public Access Defibrillation Program.
Discussion: The priority does not preclude implementation of a
school-based Public Access Defibrillation Program.
Change: None.
Note: This notice does not solicit applications. In any year in
which we choose to use this 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
The priority supports LEA projects to improve and strengthen
emergency response and crisis management plans, at the district and
school building level,
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addressing the four phases of crisis planning: Prevention/Mitigation,
Preparedness, Response, and Recovery. Plans must include training for
school personnel, students, and parents in emergency response
procedures and must include coordination with local law enforcement,
public safety, health, and mental health agencies.
Other Application Requirements
In order to develop high-quality emergency response and crisis
management plans under this priority, LEAs need to involve community
partners in all aspects of planning. We establish the following
application requirements:
To be considered for a grant award, an applicant must include in
its application an agreement that details the participation of the LEA
and the following five community-based partners from the local area:
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 detail the roles and
responsibilities that each of the required partners will have in
improving and strengthening the plan. The agreement must also reflect
each partner's commitment to sustainability and continuous improvement
of the plan. Finally, the agreement must include an authorized
signature representing the LEA and each community-based partner.
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 signed
agreements from at least the LEA and two of the required five partners,
and explanations for the absence of any of the remaining required
partners.
Applications that fail to include the required agreement, including
roles and responsibilities, commitment to sustainability and continuous
improvement (with signatures and explanations for missing signatures as
specified above), will not be read.
Furthermore, all emergency response and crisis management plans
must be coordinated with the Homeland Security Plan of the State 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 within the State, the LEA must
follow the requirements of the State Homeland Security Plan for
informing and working with State personnel on emergency services and
initiatives.
Although this program requires partnerships with other parties,
administrative direction and fiscal control for the project must remain
with the LEA.
The plan must also take into consideration the communication,
transportation, and medical needs of individuals with disabilities
within this community.
Grantees who received funding under this priority in FY 2003 are
not eligible applicants for FY 2004.
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.
Applicable Program Regulations: 34 CFR parts 75, 77, 79, 80, 81,
82, 84, 85, 97, 98, 99, and 299.
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 and www.ed.gov/offices/OSDFS.
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
.
Program Authority: 20 U.S.C. 7131.
(Catalog of Federal Domestic Assistance Number 84.184.E-Emergency
Response and Crisis Management Grant program)
Dated: May 25, 2004.
Deborah A. Price,
Deputy Under Secretary for Safe and Drug-Free Schools.
[FR Doc. 04-12170 Filed 5-27-04; 8:45 am]
BILLING CODE 4000-01-U