[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Notices]
[Pages 39250-39254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13494]


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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools; Overview Information; 
School-Based Student Drug-Testing Programs; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2005

Catalog of Federal Domestic Assistance (CFDA) Number: 84.184D.

    Dates: Applications Available: July 7, 2005.
    Deadline for Transmittal of Applications: August 16, 2005.
    Deadline for Intergovernmental Review: September 15, 2005.
    Eligible Applicants: Local educational agencies (LEAs) and public 
and private entities.
    Estimated Available Funds: $6,500,000. Contingent upon the 
availability of funds, the Secretary may make additional awards in FY 
2006 from the list of unfunded applicants from this competition.
    Estimated Range of Awards: $100,000-$300,000.
    Estimated Average Size of Awards: $200,000.
    Estimated Number of Awards: 32.

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

    Project Period: Up to 36 months.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of the Program: The School-Based Student Drug-Testing 
program awards grants to LEAs and public and private entities to 
develop and implement, or expand, school-based drug-testing programs 
for students.
    Priorities: These priorities are from the notice of final 
eligibility and application requirements, priorities, and selection 
criteria for this competition, published elsewhere in this issue of the 
Federal Register.
    Absolute Priority: For FY 2005 and any subsequent year in which we 
make awards based on the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3) we consider only applications that meet this priority.
    This priority is:
    Mandatory Random and Voluntary Student Drug-Testing Programs. Under 
this priority, we will provide Federal financial assistance to eligible 
applicants to develop and implement, or expand, school-based mandatory 
random or voluntary drug-testing programs for students in one or more 
grades 6 through 12. Any drug-testing program conducted with funds 
awarded under this priority 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) A voluntary drug-testing program for students who, along with 
their parent or guardian, have provided written consent to participate 
in a random drug-testing program. Applicants that propose voluntary 
drug testing for students who, along with their parent or guardian, 
provide written consent, must not prohibit students who do not consent 
from participating in school or extracurricular activities.

    Note: Applicants are encouraged to ensure, to the extent 
feasible, that all students who participate in the drug-testing 
program remain in the random drug-testing pool for the entire 
academic year.

    Competitive Preference Priority: Within this absolute priority, we 
give competitive preference to applications that address the following 
priority.
    For FY 2005 and any subsequent year in which we make awards based 
on the list of unfunded applications from this

[[Page 39251]]

competition, this priority is a competitive preference priority. Under 
34 CFR 75.105(C)(2)(i) we will award 10 additional points to applicants 
that propose mandatory random drug testing in two or three schools and 
15 additional points to applicants that propose mandatory random drug 
testing in four or more schools. Although students in grades from 6 
through 8 may be drug tested under this priority, competitive 
preference points will only be credited for applicants that propose, at 
a minimum, drug testing of students in three or more grades from 9 
through 12.
    This priority is:
    National Evaluation of Mandatory Random Student Drug-Testing 
Programs. Under this priority, we will provide Federal financial 
assistance to eligible applicants to develop and implement school-based 
mandatory random drug-testing programs for students in one or more 
grades from 6 through 12. Any drug-testing program conducted with funds 
awarded under this priority must be limited to one or more of the 
following:
    (1) All students who participate in the school's athletic program; 
and
    (2) All students who are engaged in competitive, extracurricular, 
school-sponsored activities.
    Applicants for this priority must propose drug testing in two or 
more schools within the same LEA that do not have an existing drug-
testing program in operation. Drug testing must include, at a minimum, 
students in three or more grades from 9 through 12. In addition, 
applicants for this priority must:
    (1) Not have a voluntary testing component proposed as part of 
their program;
    (2) Provide an assurance that the schools randomly assigned to not 
begin mandatory random drug testing will not implement any drug-testing 
program for the duration of the national evaluation;
    (3) Agree to cooperate with all data collection activities that the 
national evaluation will conduct in all the schools;
    (4) Develop and implement mandatory random drug-testing policies 
and procedures to be carried out consistently in all schools selected 
to implement drug testing;
    (5) Institute a policy of mandatory random drug-testing for the 
entire academic year in the schools selected to implement drug testing;
    (6) Ensure that, to the extent feasible, all eligible students who 
participate in the drug-testing program remain in the random drug 
testing pool for the entire academic year; and
    (7) Agree to participate in the national evaluation and provide an 
assurance that the applicant will cooperate with the national evaluator 
in obtaining parental consent for student participation in surveys that 
the national evaluator will administer in all the selected schools 
(control and experimental).
    At the time of the grant award, the Department of Education's 
evaluator will randomly assign the schools either to receive the 
intervention (mandatory random drug testing) or not receive the 
intervention (no mandatory random drug testing). The evaluator will 
collect outcome data in both sets of schools.
    Application Requirements: The following requirements apply to all 
applications submitted under this program:
    (1) Applicants may not submit more than one application for an 
award under this program.
    (2) Applicants may not have been the recipient or beneficiary of a 
grant in 2003 under the Department of Education Demonstration Grants 
for Student Drug-Testing competition.
    (3) Non-LEA applicants must submit a letter of agreement to 
participate from an LEA. The letter must be signed by the applicant and 
an authorized representative of the LEA. Letters of support are not 
acceptable as evidence of the required agreement.
    (4) Funds may not be used for the following purposes:
    (a) Student drug tests administered under suspicion of drug use;
    (b) Incentives for students to participate in programs;
    (c) Drug treatment; or
    (d) Drug prevention curricula or other prevention programs.
    (5) Applicants must:
    (a) Identify a target population and demonstrate a significant need 
for drug testing within the target population;
    (b) Explain how the proposed drug-testing program will be part of 
an existing, comprehensive drug prevention program in the schools to be 
served;
    (c) Provide a comprehensive plan for referring students who are 
identified as drug users through the testing program to a student 
assistance program, counseling, or drug treatment if necessary;
    (d) Provide a plan to ensure the confidentiality of drug-testing 
results, including a provision that prohibits the party conducting drug 
tests from disclosing to school officials any information about a 
student's use of legal medications;
    (e) Limit the cost of site-based evaluations to no more than 10 
percent of total funds requested; and
    (f) Provide written assurances of the following:
    (i) That results of student drug tests will not be disclosed to law 
enforcement officials;
    (ii) That results of student drug tests will be destroyed when the 
student graduates or otherwise leaves the LEA or private school 
involved;
    (iii) That all positive drug tests will be reviewed by a certified 
medical review officer;
    (iv) 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; and
    (v) That all proposed activities will be carried out in accordance 
with the requirements of the Family Educational Rights and Privacy Act 
(FERPA) and the Protection of Pupil Rights Amendment (PPRA).

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

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 86, 97, 98, 99, and 299. (b) The notice of final 
eligibility and application requirements, priorities, and selection 
criteria published elsewhere in this issue of the Federal Register.


    Note: The regulations in part 79 apply to all applicants except 
Federally recognized Indian tribes.


    Note: The regulations in part 86 apply to institutions of higher 
education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $6,500,000. Contingent upon the 
availability of funds, the Secretary may make additional awards in FY 
2006 from the list of unfunded applicants from this competition.
    Estimated Range of Awards: $100,000-$300,000.
    Estimated Average Size of Awards: $200,000.
    Estimated Number of Awards: 32.


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


    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs and public and private entities.
    2. Cost Sharing or Matching: This competition does not involve cost 
sharing or matching.
    3. Other:
    (a) Participation by Private School Children and Teachers. Entities

[[Page 39252]]

receiving a grant under the School-Based
    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. This 
consultation must take place before any decision is made that affects 
the opportunities of eligible private school children, teachers, and 
other educational personnel to participate. Administrative direction 
and control over grant funds must remain with the grantee. See Section 
9501, Participation by Private School Children and Teachers, of the 
Elementary and Secondary Education Act of 1965, as amended by the No 
Child Left Behind Act of 2001.
    (b) Maintenance of Effort.
    An LEA may receive a grant under the School-Based 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 provision 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.
    (c) 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.

IV. Application and Submission Information

    1. Address to Request Application Package: Education Publications 
Center (ED Pubs), PO Box 1398, Jessup, Maryland 20794-1398. Telephone 
(toll free): 1-877-433-7827. Fax: 301-470-1244. If you use a 
telecommunications device for the deaf (TDD), you may call (toll free): 
1-877-576-7734.
    You may also contact Ed Pubs at its Web site: http://www.ed.gov/pubs/edpubs.html or you may contact ED Pubs at its e-mail address: 
[email protected].
    If you request an application from ED Pubs be sure to identify this 
competition as follows: CFDA number 84.184D.
    You may also download the application from the Department of 
Education's Web site at: http://www.ed.gov/fund/grant/apply/grantapps/index/html.
    Individuals with disabilities may obtain a copy of the application 
in an alternative format (e.g., Braille, large print, audiotape, or 
computer diskette) by contacting the program contact person listed in 
this section.
    The public can also obtain applications directly from the program 
office: Robyn Disselkoen or Sigrid Melus, U.S. Department of Education, 
400 Maryland Avenue, SW., room 3E259, Washington, DC 20202-6450. 
Telephone: (202) 260-3954 or by e-mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    2. Content and Form of Application Submission: See the Application 
Requirements section elsewhere in this notice. Additional requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program.
    3. Submission Dates and Times: Applications Available: July 7, 
2005.
    Deadline for Transmittal of Applications: August 16, 2005.
    Applications for grants under this competition may be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants system, or in 
paper format by mail or hand delivery. For information (including dates 
and times) about how to submit your application electronically, or by 
mail or hand delivery, please refer to section IV.6. Other Submission 
Requirements in this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Deadline for Intergovernmental Review: September 13, 2005.
    4. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR Part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    5. Funding Restrictions: We reference additional regulations 
outlining funding restrictions in the Applicable Regulations section of 
this notice.
    6. Other Submission Requirements: Applications for grants under 
this competition may be submitted electronically or in paper format by 
mail or hand delivery.
    a. Electronic Submission of Applications. If you choose to submit 
your application to us electronically, you must use e-Application 
available through the Department's e-Grants system, accessible through 
the e-Grants portal page at: http://e-grants.ed.gov.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     Your participation in e-Application is voluntary.
     You must complete the electronic submission of your grant 
application by 4:30 p.m., Washington, DC time, on the application 
deadline date. The e-Application system will not accept an application 
for this competition after 4:30 p.m., Washington, DC time, on the 
application deadline date. Therefore, we strongly recommend that you do 
not wait until the application deadline date to begin the application 
process.
     The regular hours of operation of the e-Grants Web site 
are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until 
midnight Saturday, Washington, DC time. Please note that the system is 
unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on 
Thursdays, Washington, DC time, for maintenance. Any modifications to 
these hours are posted on the e-Grants Web site.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you submit your application in paper format.
     You must 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.
     Any narrative sections of your application must be 
attached as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format.
     Your electronic application must comply with any page 
limit requirements described in this notice.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgement that will include a PR/Award 
number (an identifying number unique to your application).
     Within three working days after submitting your electronic 
application, fax a signed copy of the ED 424 to the Application Control 
Center after following these steps:
    (1) Print ED 424 from e-Application.

[[Page 39253]]

    (2) The applicant'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) 245-6272.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline 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. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2)(a) The e-Application system is unavailable for 60 minutes or 
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, 
on the application deadline date; or
    (b) The e-Application system is unavailable for any period of time 
between 3:30 p.m. and 4:30 p.m., Washington, DC time, on the 
application deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgement of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under For 
Further Information Contact (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If the system is down and therefore 
the application deadline is extended, an e-mail will be sent to all 
registered users who have initiated an e-Application.
    Extensions referred to in this section apply only to the 
unavailability of the Department's e-Application system. If the e-
Application system is available, and, for any reason, you are unable to 
submit your application electronically or you do not receive an 
automatic acknowledgement of your submission, you may submit your 
application in paper format by mail or hand delivery in accordance with 
the instructions in this notice.
    b. Submission of Paper Applications by Mail. If you submit your 
application in paper format by mail (through the U.S. Postal Service or 
a commercial carrier), you must mail the original and two copies of 
your application, on or before the application deadline date, to the 
Department at the applicable following address:
    By mail through the U.S. Postal Service: U.S. Department of 
Education, Application Control Center, Attention: (CFDA Number 
84.184D), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or
    By mail through a commercial carrier: U.S. Department of Education, 
Application Control Center--Stop 4260, Attention: (CFDA Number 
84.184D), 7100 Old Landover Road, Landover, MD 20785-1506.
    Regardless of which address you use, you must show proof of mailing 
consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    c. Submission of Paper Applications by Hand Delivery. If you submit 
your application in paper format by hand delivery, you (or a courier 
service) must deliver the original and two copies of your application 
by hand, on or before the application deadline date, to the Department 
at the following address: U.S. Department of Education, Application 
Control Center, Attention: (CFDA Number 84.184D), 550 12th Street, SW., 
Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, 
Sundays, and Federal holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department:
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 4 of the ED 424 the CFDA number--and suffix letter, 
if any--of the competition under which you are submitting your 
application.
    (2) The Application Control Center will mail a grant application 
receipt acknowledgment to you. If you do not receive the grant 
application receipt acknowledgment within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    Selection Criteria: The selection criteria for this competition are 
from the notice of final eligibility and application requirements, 
priorities, and selection criteria published elsewhere in this issue of 
the Federal Register, and are listed in the application package.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may also notify you informally.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as specified by the Secretary in 
34 CFR 75.118.
    4. Performance Measure: The Department has established the 
following GPRA performance measure for the School-Based 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 prevalence of drug use by students in the 
target population to decline by five percent annually.
    This measure constitutes the Department's indicator of success for 
this program. Consequently, applicants

[[Page 39254]]

for a grant under this program are advised to give careful 
consideration to this measure in conceptualizing the approach and 
evaluation for their proposed project. If funded, applicants will be 
asked to collect and report data in their annual performance and final 
reports about progress toward this measure.

VII. Agency Contacts

FOR FURTHER INFORMATION CONTACT: Robyn Disselkoen or Sigrid Melus, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3E259, 
Washington, DC 20202-6450. Telephone: (202) 260-3954. E-mail address: 
[email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call (toll free) 1-877-576-7734.
    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 in this section.

VIII. Other Information

    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: 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 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 
site: http://www.ed.gov/programs/drugtesting/applicant.html.

    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.


    Dated: July 5, 2005.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 05-13494 Filed 7-6-05; 8:45 am]
BILLING CODE 4000-01-P