[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Pages 15303-15305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6726]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

RIN 1865-ZA01

[CFDA No. 84.184.E]


Notice of Proposed Priority

AGENCY: Office of Safe and Drug-Free Schools, Department of Education.

ACTION: Notice of proposed priority and other application requirements.

-----------------------------------------------------------------------

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) 2004 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. 
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.

DATES: We must receive your comments on or before April 26, 2004.

ADDRESSES: Address all comments about this proposed priority and other 
application requirements to Sara Strizzi, 400 Maryland Avenue, SW., 
Washington, DC 20202-6450. If you prefer to send your comments through 
the Internet, use the following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Sara Strizzi. Telephone: (202) 708-
4850 or via Internet: [email protected].
    If you use a telecommunications devise for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-888-877-8339.

[[Page 15304]]

    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.
    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 funding 
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

    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 proposed priority supports 
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.

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 propose establishing the 
following application requirements:
    To be considered for a grant award, we propose that an applicant 
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 local educational agency.
    The plan must also take into consideration the communication, 
transportation, and medical needs of individuals with disabilities 
within this community.
    We also propose that grantees who received funding under this 
priority in FY 2003 are not eligible applicants for FY 2004.

[[Page 15305]]

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.
    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. Applicable Program Regulations: 34 CFR parts 
75, 77, 79, 80, 81, 82, 84, 85, 97-99, and 299.

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/nara/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: March 22, 2004.
Deborah A. Price,
Deputy Under Secretary for Safe and Drug-Free Schools.
[FR Doc. 04-6726 Filed 3-24-04; 8:45 am]
BILLING CODE 4000-01-P