[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Notices]
[Pages 30788-30789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12170]



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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

  Federal Register / Vol. 69, No. 104 / Friday, May 28, 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: [email protected].
    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: 
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: 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: 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