[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Notices]
[Pages 32090-32091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14919]




[[Page 32089]]

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Part IV





Department of Education





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Safe and Drug-Free Schools; Notices

  Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / 
Notices  

[[Page 32090]]

DEPARTMENT OF EDUCATION

RIN 1810-ZA02


Safe and Drug-Free Schools and Communities Programs

AGENCY: Department of Education.

ACTION: Notice of final priority and selection criteria for fiscal year 
1995.

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SUMMARY: The Secretary establishes a final funding priority and 
selection criteria under the Safe and Drug-Free Schools and Communities 
Federal Activities Grants Program for fiscal year (FY) 1995. The 
priority funds projects that establish, expand, or improve models for 
alternative education for students expelled from their regular 
education program.

EFFECTIVE DATE: This priority and selection criteria take effect on 
July 19, 1995.

FOR FURTHER INFORMATION CONTACT:
Albert Macias, U.S. Department of Education, Safe and Drug-Free Schools 
Programs, 600 Independence Avenue, SW, Portals Room 604, Washington, DC 
20202-6123, telephone (202) 260-2823. Individuals who use a 
telecommunication device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The purpose of the Safe and Drug-Free 
Schools and Communities Federal Activities Grants Program is to support 
activities that promote achieving the seventh National Education Goal, 
which states that, by the year 2000, all schools in America will be 
free of drugs and violence and the unauthorized presence of firearms 
and alcohol, and offer a disciplined environment conducive to learning.
    The Secretary will award approximately 10 grants in FY 1995 for a 
period not to exceed two years to public and private nonprofit 
organizations, including local educational agencies (LEAs), 
institutions of higher education (IHEs), and community-based 
organizations (CBOs) to establish, expand, and improve model 
alternatives to expulsion programs. These grants must be used to 
provide educational services to expelled students consistent will all 
applicable civil rights laws and policies. Contingent upon availability 
of funds, the Secretary may make additional awards in FY 1996 from the 
rank order of applicants established from this competition.

Background

    Evidence indicates that a small but growing core of the student 
population finds that bringing a weapon to school is acceptable. A 
Centers for Disease Control study reports that, in 1990, 1 in 24 
students carried a gun to school in the 30 days before the study, and 
that by 1993 the incidence had risen to 1 in 12 students. Many of these 
youths will be expelled from the classroom and will have no access to 
continuing educational services. While expulsion addresses the school's 
need to provide a safe, secure environment for all its students, it 
does not address the educational needs of students who are expelled for 
bringing a gun to school or engaging in other behavior that would lead 
to expulsion, nor does it address the long-range costs to the community 
of permitting expelled youths to be unsupervised for prolonged periods 
of time during the day.
    An expelled student tends to exhibit alienation and rebelliousness 
toward society, a history of referrals for classroom disruption, and a 
predisposition toward accepting violence as an appropriate response to 
personal problems. These attitudes and behaviors can lead to more 
serious involvement with law enforcement unless they are countered by 
appropriate interventions.
    In most circumstances, it is in the best interest of the school and 
community to provide alternative services, promote high standards of 
learning, and encourage the involvement of students, parents, and 
community groups in helping to ensure that the student becomes a 
responsible, contributing member of society.

    Note: This notice of final priority and selection criteria does 
not solicit applications. A notice inviting applications under this 
competition is published in a separate notice in this issue of the 
Federal Register.

    Priority: Under 34 CFR 75.105(c)(3) and 20 U.S.C. 7131, the 
Secretary gives absolute preference to applications that meet the 
following priority. The Secretary funds under this competition only 
applications that address the absolute priority. Applications that fail 
to address the priority will not be reviewed or funded:
    Establish, expand, or improve model projects of alternative 
education for youth who have been expelled from their regular school 
program. An applicant must propose a project that addresses both the 
academic needs of expelled youth and the behaviors that lead to 
expulsion from the regular school program.
    An applicant must provide financial or in-kind contributions 
(including, where allowable, commitment or other Federal funds to the 
project), or at least 10 percent of the total cost of the first year of 
the project. An applicant's contribution to the project in year two 
must be 15 percent of the total second year project cost. Applicants 
other than LEAs must include proof of collaboration with an LEA as part 
of their application for funding.
    Applicants must offer proof that they have adopted, or, in the case 
of a nonprofit agency applicant will adopt, a policy requiring referral 
to the criminal justice or juvenile delinquency system of any student 
who brings a firearm to an alternative education program funded by this 
grant.
    Selection Criteria: In evaluating applications for grants under 
this competition, the Secretary uses the following criteria. Each 
criterion is assigned a maximum possible score indicated in 
parentheses. The Secretary awards up to 100 points for all of the 
criteria.
    (1) Need for the Project (15 points).
    The Secretary determines the extent to which the proposed project 
addresses a serious community problem illustrated by a large number or 
percentage of students in the district that have been expelled from 
their regular educational program. The Secretary considers the extent 
to which the applicant--
    (a) Identifies the specific educational, social, and behavioral 
needs of expelled students;
    (b) Involves students, teachers and counselors, parents, and 
community leaders in the needs assessment; and
    (c) Relates needs of expelled students, including academic, 
behavioral, and social needs, to the proposed project objectives.
    (2) Approach (35 points).
    The Secretary determines the overall quality and appropriateness of 
the applicant's plan to provide alternative educational services for 
youth expelled from school, including the extent to which the proposed 
project--
    (a) Is based on research, including the causes of disruptive and 
antisocial behavior and educational strategies that take into account 
of different styles of learning;
    (b) Identifies measurable goals and objectives for the project, 
such as the number of students to be served and the percentage of 
students who will successfully complete the program either by re-
integration or through graduation; [[Page 32091]] 
    (c) Includes an academic component that emphasizes high educational 
standards for the expelled students;
    (d) Includes educational practices and strategies appropriate for 
the expelled students and, where appropriate, includes job training and 
work force readiness;
    (e) Describes the educational services and activities to be 
provided, including the length of time services will be provided for 
each student and the number of hours per day for which the program will 
operate, and indicates how these services will meet the educational, 
behavioral, and social needs of expelled students;
    (f) Details a plan for strong collaboration among schools, law 
enforcement agencies, CBOs, businesses, local service organizations, 
parent groups, and other agencies, including a description of how they 
will participate in the program at every stage; and
    (g) Proposes a plan for the active recruitment of all expelled 
students within the project area and describes how the selection of 
students to be served would be made.
    (3) Staff Background (20 Points).
    The Secretary reviews each application to determine the skills, 
abilities and educational background of key personnel the applicant 
plans to use on the project. The Secretary considers--
    (a) The extent to which skills, experience and educational 
background of key staff are relevant to the objectives of the project;
    (b) The staff's ability to manage the project effectively, 
including the ability to provide educational services and coordinate 
with relevant community agencies;
    (c) The appropriateness of the ratio of staff to students proposed 
for the project; and
    (d) The extent to which time commitments are appropriate for the 
responsibilities each staff member will have.
    (4) Budget (10 points).
    The Secretary reviews each application to determine that the 
project's costs are reasonable in view of the anticipated results and 
benefits. The Secretary considers--
    (a) The cost of the proposed project in terms of the number of 
youth to be served by the project, the student-to-staff ratio proposed, 
and the facilities in which the program will be offered; and
    (b) Evidence that the applicant can and intends to generate the 
local financial and in-kind support, service, and commitments required 
for this project.
    (5) Evaluation of Project (20 Points).
    The Secretary determines the quality and thoroughness of the 
applicant's plant to evaluate the project. The Secretary considers--
    (a) The extent to which the applicant describes a plan to evaluate 
the long-and short-term outcomes of the program (such as the percentage 
of students who are able to re-integrate into the regular school 
program and remain free of referrals for classroom disruption) and 
indicates in measurable terms appropriate indicators for assessment of 
program implementation and impact;
    (b) The extent to which the applicant provides an evaluation plan 
for the project that includes collection of baseline data and 
identifies and tracks indicators that will show progress in program 
implementation and attainment of outcomes;
    (c) Provides for implementation of the evaluation plan by an 
independent evaluator; and
    (d) The extent to which the applicant develops a plan for long-term 
tracking of participants.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act (5 U.S.C. 533), 
it is the practice of the Department of Education to offer interested 
parties the opportunity to comment on proposed priorities. However, in 
order to make timely grant awards in FY 1995, the Assistant Secretary, 
in accordance with section 437(d)(1) of the General Education 
Provisions Act, has decided to issue this final priority and selection 
criteria, which will apply only to the FY 1995 grant competition.

Executive Order 12866

    This notice of final priority has been reviewed in accordance with 
Executive Order 12866. Under the terms of the order the Secretary has 
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 determined by 
the Secretary 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, the Secretary has 
determined that the benefits of the proposed final priority justify the 
costs.
    The Secretary has also determined that this regulatory action does 
not unduly interfere with State, local and tribal governments in the 
exercise of their governmental functions.
    Intergovernmental Review: This program is subject to the 
requirements of Executive Order 12372 and the regulation in 34 CFR Part 
79. The objective of the Executive order is to foster an 
intergovernmental partnership and a strengthened federalism by relying 
on the processes developed by State and local government for 
coordination and review of proposed Federal financial assistance.
    In accordance with this order, this document is intended to provide 
early notification of the Department's specific plans and actions for 
this program.

    Program Authority: 20 U.S.C. 7131.

(Catalog of Federal Domestic Assistance Program Number 84.184b Safe 
and Drug-Free Schools and Communities Act Federal Activities Grant 
Program)

    Dated: May 26, 1995.
Thomas W. Payzant,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 95-14919 Filed 6-16-95; 8:45 am]
BILLING CODE 4000-01-M