[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Pages 19736-19738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7531]


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DEPARTMENT OF EDUCATION


Emergency Response and Crisis Management Grant Program

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

ACTION: Notice of proposed priority and other application requirements.

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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) 2005 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.

DATES: We must receive your comments on or before May 16, 2005.

ADDRESSES: Address all comments about this proposed priority and other 
application requirements to Sara Strizzi, 400 Maryland Avenue, SW., 
room 3E320, Washington, DC 20202-6450. If you prefer to send your 
comments

[[Page 19737]]

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 device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-888-877-8339.
    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:

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.
    Background: 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. 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 using 
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. This proposed priority supports 
local educational agency (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: (1) training for school personnel and students in emergency 
response procedures; (2) coordination with local law enforcement, 
public safety, health, and mental health agencies; and (3) a method for 
communicating school emergency response policies and reunification 
procedures to parents and guardians.
    Other Application Requirements: We propose establishing the 
following application requirements:
    1. Partner Agreements. To be considered for a grant award, an 
applicant must include in its application an agreement that details the 
participation of each of the following five community-based partners: 
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 include a description of each 
partner's roles and responsibilities in improving and strengthening 
emergency response plans at the district and school-building level, a 
description of each partner's commitment to the continuation and 
continuous improvement of emergency response plans at the district and 
school-building level, and an authorized signature representing the LEA 
and each partner acknowledging the agreement. 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 a signed agreement between the LEA, a law 
enforcement partner, and at least one of the other required partners 
(public safety, health, mental health, or head of local government).
    Applications that fail to include the required agreement, including 
information on partners' roles and responsibilities and on their 
commitment to continuation and continuous improvement (with signatures 
and explanations for missing signatures as specified above), will not 
be read.
    Although this program requires partnerships with other parties, 
administrative direction and fiscal control for the project must reside 
with the LEA.
    2. Coordination with State or Local Homeland Security Plan. All 
emergency response and crisis management plans must be coordinated with 
the Homeland Security Plan of the State or locality 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, and to avoid duplication of effort within States and 
localities, applicants must include in their applications an assurance 
that the LEA will coordinate with and follow the requirements of

[[Page 19738]]

their State or local Homeland Security Plan for emergency services and 
initiatives.
    3. Support of the National Incident Management System. Applicants 
also must also agree to support the implementation of the National 
Incident Management System (NIMS). In accordance with Homeland Security 
Presidential Directive/HSPD-5, the NIMS provides a consistent approach 
for Federal, State, and local governments to work effectively and 
efficiently together to prepare for, prevent, respond to, and recover 
from domestic incidents, regardless of cause, size, or complexity.
    Specifically, applicants must include in their applications an 
assurance that, by September 30, 2005, they will complete, to the 
maximum extent possible, the following steps to support NIMS 
implementation:
     Administer the NIMS Awareness Course: ``National Incident 
Management System (NIMS), An Introduction'' (IS 700) to key district 
and school staff. This independent study course, developed by the 
Emergency Management Institute (EMI), explains the purpose, principles, 
key components, and benefits of the NIMS. The course is available 
online and will take between forty-five minutes to three hours to 
complete. The course is available on the EMI Web site at: http://training.fema.gov/EMIWeb/IS/is700.asp.
     Formally recognize the NIMS and adopt NIMS principles and 
policies. Districts and/or their local government should establish an 
executive order, resolution, or ordinance to formally adopt the NIMS.
     Establish a NIMS baseline to determine which NIMS 
requirements have been met by the LEA. Districts should coordinate with 
their community partners to assess the district's overall compliance 
with the NIMS, and determine gaps in compliance that need to be closed 
in order to reach full implementation of the NIMS.
     Establish a timeframe and strategy for full NIMS 
implementation. States, territories, tribes, and local entities are 
encouraged to achieve full NIMS implementation by September 30, 2005, 
to the maximum extent possible.
     Establish the use of the Incident Command System (ICS). 
The ICS has been established by the NIMS as the standardized incident 
organizational structure for the management of all incidents. Districts 
should coordinate with community partners listed above in 
institutionalizing the use of the ICS in a manner that is consistent 
with the concepts and principles in the NIMS.

    Note: Since LEAs are integral to local governments, an LEA's 
NIMS compliance must be achieved in close coordination with the 
local government and with recognition of the first responder 
capabilities held by the LEA and the local government. As LEAs are 
not traditional response organizations, first responder services 
will typically be provided to LEAs by local fire and rescue 
departments, emergency medical service providers, and law 
enforcement agencies. This traditional relationship must be 
acknowledged in achieving NIMS compliance in an integrated NIMS 
compliance plan for the local government and the LEA. LEA 
participation in the NIMS preparedness program of the local 
government is essential to ensure that first responder services are 
delivered to schools in a timely and effective manner. Additional 
information about NIMS implementation is available at http://www.fema.gov/nims.)


    4. Individuals with Disabilities. The applicant's plan must 
demonstrate that the applicant has taken into consideration the 
communication, transportation, and medical needs of individuals with 
disabilities within the school district.

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.
    Grantees may also anticipate costs in achieving NIMS compliance. 
However, these costs may be included in the grant budget and, 
therefore, will have little financial impact on the applicant.
    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.

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: April 11, 2005.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 05-7531 Filed 4-13-05; 8:45 am]
BILLING CODE 4000-01-P