[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Notices]
[Pages 41328-41330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17536]


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DEPARTMENT OF EDUCATION

[CFDA No: 84.184D]


Office of Safe and Drug-Free Schools--Demonstration Grants for 
Student Drug Testing--Notice Inviting Applications for New Awards for 
Fiscal Year (FY) 2003

    Purpose of Program: This program awards grants to local educational 
agencies (LEAs) and public and private entities, to develop or enhance, 
implement, and evaluate school-based drug testing programs for 
students.
    For FY 2003 the competition for new awards focuses on projects 
designed to meet the priorities we describe in the PRIORITIES section 
of this application notice.
    Eligible Applicants: LEAs and public and private entities.
    Applications Available: July 11, 2003.
    Deadline for Transmittal of Applications: August 20, 2003.
    Deadline for Intergovernmental Review: September 19, 2003.
    Estimated Available Funds: The Department expects to make available 
$2,000,000 for this program for FY 2003.
    Estimated Range of Awards: $200,000-$400,000.
    Estimated Average Size of Awards: $300,000.
    Estimated Number of Awards: 7.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 85, 86, 97, 98, and 99.

Other Requirements

Participation by Private School Children and Teachers

    Entities receiving a grant under the Demonstration Grants for 
Student Drug Testing Program are required to provide for the equitable 
participation of private school children and their teachers or other 
educational personnel. In order to ensure that grant program activities 
address the needs of private school children, timely and meaningful 
consultation with appropriate private school officials must occur 
during the design and development of the program. Administrative 
direction and control over grant funds must remain with the grantee.

Maintenance of Effort

    An LEA may receive a grant under the Demonstration Grants for 
Student Drug Testing Program only if the State educational agency finds 
that the combined fiscal efforts per student or the aggregate 
expenditures of the agency and the State with respect to the provisions 
of free public education by the agency for the preceding fiscal year 
was not less than 90 percent of the combined fiscal effort or aggregate 
expenditures for the second preceding fiscal year.

School-Based Programs

    Applicants other than LEAs must demonstrate that they have 
established a partnership with one or more LEAs to carry out the 
program. This partnership must be demonstrated by submitting a 
partnership agreement signed by the superintendent or an authorized 
representative of the participating LEA. Letters of support for the 
proposed project are not sufficient to demonstrate the required 
partnership.

Assurance

    Applicants must provide an assurance that legal counsel has 
reviewed the proposed program and advised that the program activities 
do not appear to violate established constitutional principles or State 
and Federal requirements related to implementing a student drug testing 
program.

SUPPLEMENTARY INFORMATION:

Additional Awards

    Contingent upon the availability of funds, we may make additional 
awards in FY 2004 from the rank-ordered list of unfunded applications 
from this competition.

Participation of Faith-based Organizations

    Faith-based organizations are eligible to apply for grants under 
this competition provided they meet all statutory and regulatory 
requirements.

Definition

    Drug. The term drug includes controlled substances; the illegal use 
of alcohol and tobacco; and the harmful, abusive, or addictive use of 
substances, including inhalants and anabolic steroids.

Absolute Priority

    We will award grants to LEAs and public and private entities to 
develop or enhance, implement, and evaluate school-based drug testing 
programs for students. Any random drug testing program conducted with 
funds awarded under this competition must be limited to one or more of 
the following: (1) Students who participate in the school's athletic 
program; (2) students who are engaged in competitive, extracurricular 
school-sponsored activities; and (3) students who, along with their 
parents or guardian, have consented or volunteered to participate in a 
random drug testing program.
    In order to be eligible for an award, applicants must:
    (1) Identify a target population and demonstrate a significant need 
for drug testing within the target population;
    (2) Explain how the proposed drug testing program will be part of a 
comprehensive drug prevention program in the schools to be served;
    (3) Provide a comprehensive plan for referral to treatment or 
counseling of students identified as drug users through the testing 
program; and
    (4) Provide a plan to ensure the confidentiality of drug testing 
results.
    For FY 2003, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we will consider only applications that meet this 
priority.

Competitive Preference Priority

    In order to determine whether the drug testing projects supported 
under this program produce meaningful effects on student drug use, we 
have established a competitive preference priority within the absolute 
priority for this competition. We will award up to 10 additional points 
to applicants that propose experimental or quasi-experimental 
evaluation of projects. These points are in addition to any points the 
application earns under the selection criteria. The total number of 
points available for this competition is 110.

[[Page 41329]]

    Evaluations using an experimental design are the strongest for 
determining program effectiveness. Thus, the project preferably uses an 
experimental design. An evaluation using an experimental design is one 
where subjects (students, teachers, classrooms, or schools) are 
randomly assigned to receive the program being evaluated or to be in a 
control group that does not receive the program.
    If random assignment is not feasible, the project may employ a 
quasi-experimental design with carefully matched comparison conditions. 
This alternative design attempts to approximate a randomly assigned 
control group by matching subjects (students, teachers, classrooms, or 
schools) with non-participants possessing similar pre-program 
characteristics.
    Data from reliable and valid measures of the intervention that the 
program intends to implement and of the outcomes that the program 
intends to affect, should be collected before and after participation 
in the program or the comparison condition.
    Points awarded under this priority will be determined by the 
quality of the proposed evaluation. In determining the quality of the 
evaluation, we will consider the extent to which the applicant presents 
a feasible, credible plan that includes:
    (1) The type of design to be used (random assignment or matched 
comparison);
    (2) Outcomes to be measured;
    (3) A discussion of how students, teachers, classrooms, or schools 
will be assigned to the program or matched for comparison with other 
students, teachers, classrooms, or schools; and
    (4) A proposed evaluator, preferably independent, with the 
necessary background and technical expertise to carry out the proposed 
evaluation.
    Applicants who apply for the competitive preference will have their 
applications reviewed separately by a panel of non-federal experts that 
includes at least one evaluation expert.

Performance Measures

    The Secretary has established the following key performance measure 
for assessing the effectiveness of the Demonstration Grants for Student 
Drug Testing Program: The reduction of the incidence of drug use in the 
past month and past year. The Secretary has set an overall performance 
target that calls for the incidence of drug use by students in the 
target population to decline by five percent annually.
    In applying the selection criteria that follow for ``Quality of 
project design'' and ``Quality of the project evaluation,'' the 
Secretary will take into consideration the extent to which the 
applicant demonstrates a strong capacity (1) To help achieve this 
target, and (2) to provide reliable data on this indicator.

Selection Criteria

    The following selection criteria are used to evaluate applications 
for new grants under this competition. Together with the competitive 
preference priority, the maximum number of points that may be awarded 
is 110. The maximum score for each criterion or factor under that 
criterion is indicated in parentheses.
    (1) Need for project. (20 points)
    In determining the need for the proposed project, the following 
factor is considered:
    The magnitude or severity of the problem to be addressed by the 
proposed project. (20 points)

    Note:
    Under this criterion we will look for evidence that the 
applicant has conducted a student drug use survey or other needs 
assessment that demonstrates a significant need for drug testing in 
the target population.

    (2) Significance. (20 points)
    In determining the significance of the proposed project, the 
following factors are considered:
    (a) The potential contribution of the proposed project to the 
development and advancement of theory, knowledge, and practices in the 
field of study. (10 points)
    (b) The extent to which the proposed project involves the 
development or demonstration of promising new strategies that build on, 
or are alternatives to, existing strategies. (5 points)
    (c) The potential for generalizing from the findings or results of 
the proposed project. (5 points)
    (3) Quality of the project design. (30 points)
    In determining the quality of the design of the proposed project, 
the following factors are considered:
    (a) The extent to which the design of the proposed project reflects 
up-to-date knowledge from research and effective practice. (10 points)
    (b) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population. (5 points)
    (c) The quality of the proposed demonstration design and procedures 
for documenting project activities and results. (10 points)
    (d) The extent to which the project demonstrates an exceptional 
approach to the priority established for the competition. (5 points)

    (Note: Under this criterion we will look at the likelihood that 
the applicant's plan will lead to reductions in the incidence of 
drug use by students in the target population.)

    (4) Management plan. (10 points)
    In determining the quality of the management plan, the following 
factor is considered:
    How the applicant will ensure that a diversity of perspectives are 
brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate. (10 points)
    (5) Quality of the project evaluation. (20 points)
    In determining the quality of the evaluation, the following factors 
are considered:
    (a) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies. (10 
points)
    (b) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible. (10 points)

    (Note: Under this criterion, we will look for the applicant's 
plan to provide reliable data that measures declines in the 
incidence of drug use by students in the target population in the 
past month and in the past year.)


FOR APPLICATIONS AND FURTHER INFORMATION CONTACT: Heather Carkuff, U.S. 
Department of Education, Office of Safe and Drug-Free Schools, 400 
Maryland Avenue, SW., Room 3E250, Washington, DC 20202-6450. E-mail: 
[email protected]. To download a copy of the application, visit 
the Web site for the Office of Safe and Drug-Free Schools at http://www.ed.gov/offices/OSDFS.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 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 program contact person listed under FOR 
APPLICATIONS AND FURTHER INFORMATION CONTACT.
    Individuals with disabilities also may obtain a copy of the 
application package in an alternative format by contacting that person. 
However, the Department is not able to reproduce in an alternative

[[Page 41330]]

format the standard forms included in the application package.

Waiver of Proposed Rulemaking

    Under the Administrative Procedure Act (5 U.S.C. 553) the 
Department generally offers interested parties the opportunity to 
comment proposed regulations. Section 437(d)(2) of the General 
Education Provisions Act (GEPA), however, exempts from this rulemaking 
requirement those rules where the Secretary determines it would cause 
extreme hardship to the beneficiaries of the program that would be 
affected by those rules. The Secretary, in accordance with section 
437(d)(2) of GEPA, has decided to issue these rules without first 
publishing them for public comment in order to ensure timely and high 
quality grant awards. These rules will apply only to grant applications 
submitted in FY 2003.

Pilot Project for Electronic Submission of Applications

    In FY 2003, the U.S. Department of Education is continuing to 
expand its pilot project for electronic submission of applications to 
include additional formula grant programs and additional discretionary 
grant competitions. The Demonstration Grants for Student Drug Testing 
Program is one the programs included in the pilot project. If you are 
an applicant under this competition, you may submit your application to 
us in either electronic or paper format.
    The pilot project involves the use of the Electronic Grant 
Application System (e-Application) portion of the Grants Administration 
and Payment System (GAPS). Users of e-Application will be entering data 
on-line while completing their applications. You may not e-mail a soft 
copy of a grant application to us. If you participate in this voluntary 
pilot project by submitting an application electronically, the data you 
enter on-line will be saved into a database. We request your 
participation in e-Application. We shall continue to evaluate its 
success and solicit suggestions for improvement.
    If you participate in e-Application, please note the following:
    [sbull] Your participation is voluntary.
    [sbull] You will not receive any additional point value because you 
submit a grant application in electronic format, nor will we penalize 
you if you submit an application in paper format. When you enter the e-
Application system, you will find information about its hours of 
operation.
    [sbull] You may submit all documents electronically, including the 
Application for Federal Education Assistance (ED 424), Budget 
Information--Non-Construction Programs (ED 524), and all necessary 
assurances and certifications.
    [sbull] After you electronically submit your application, you will 
receive an automatic acknowledgement, which will include a PR/Award 
Number (an identifying number unique to your application).
    [sbull] Within three working days after submitting your electronic 
application, fax a signed copy of the Application for Federal Education 
Assistance (ED 424) to the Application Control Center after following 
these steps:
    (1) Print ED 424 from the e-Application system.
    (2) The institution's Authorizing Representative must sign this 
form.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard copy signature page of the ED 424.
    (4) Fax the signed ED 424 to the Application Control Center at 202/
260-1349.
    [sbull] We may request that you give us original signatures on all 
other forms at a later date.
    [sbull] Closing Date Extension in Case of System Unavailability: If 
you elect to participate in the e-Application pilot for the 
Demonstration Grants for Student Drug Testing Program and you are 
prevented from submitting your application on the closing date because 
the e-Application system is unavailable, we will grant you an extension 
of one business day in order to transmit your application 
electronically, by mail, or by hand delivery. For us to grant this 
extension--
    (1) You must be a registered user of e-Application, and have 
initiated an e-Application for this competition; and
    (2)(a) The e-Application system must be unavailable for 60 minutes 
or more between the hours of 8:30 a.m. and 3:30 p.m. (ET), on the 
deadline date; or (b) The e-Application system must be unavailable for 
any period of time during the last hour of operation (that is, for any 
period of time between 3:30 p.m. and 4:30 p.m. (ET)) on the deadline 
date. The Department must acknowledge and confirm these periods of 
unavailability before granting you an extension. To request this 
extension you must contact either (1) The person listed elsewhere in 
this notice under FOR FURTHER INFORMATION CONTACT or (2) the e-GRANTS 
help desk at 888/336-8930.
    You may access the electronic grant application for the 
Demonstration Grants for Student Drug Testing Program: http://e-grants.ed.gov. We have included additional information about the e-
Application pilot project (see Parity Guidelines Between Paper and 
Electronic Applications) in the application package.

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/legislation/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 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.access.gpo.gov/nara/.



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

    Dated: July 7, 2003.
Eric G. Andell,
Deputy Under Secretary for Safe and Drug-Free Schools.
[FR Doc. 03-17536 Filed 7-10-03; 8:45 am]
BILLING CODE 4000-01-P