[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12187-12189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3362]


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DEPARTMENT OF EDUCATION


Grants for the Integration of Schools and Mental Health Systems

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

ACTION: Notice of proposed requirements.

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SUMMARY: The Assistant Secretary for Safe and Drug-Free Schools 
proposes five requirements for the Grants for the Integration of 
Schools and Mental Health Systems program. We may use these 
requirements for competitions in fiscal year (FY) 2006 and later years. 
We take this action to focus Federal financial assistance on an 
identified national need. We intend the requirements to improve the 
linkages among local school systems, local mental health systems, and 
local juvenile justice systems.

DATES: We must receive your comments on or before April 10, 2006.

ADDRESSES: Address all comments about these proposed requirements to 
Dana Carr, U.S. Department of Education, 400 Maryland Avenue, SW., room 
3E100, Washington, DC 20202-6450. If you prefer to send your comments 
through the Internet, use the following address: [email protected].
    You must include the term ``Grants for the Integration of Schools 
and Mental Health Systems, 215M'' in the subject line of your 
electronic message.

FOR FURTHER INFORMATION CONTACT: Dana Carr. Telephone: (202) 260-0823 
or via Internet: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    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: 

Invitation To Comment

    We invite you to submit comments regarding these proposed 
requirements. To ensure that your comments have maximum effect in 
developing the

[[Page 12188]]

notice of final requirements, we urge you to identify clearly the 
specific proposed requirement that each comment addresses.
    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 these proposed 
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 these proposed requirements in room 3E242, 400 Maryland 
Avenue, SW., 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 these proposed 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 Grants for the Integration of Schools and Mental Health Systems 
program seeks to improve the linkages among school, mental health, and 
juvenile justice systems regarding the provision of mental health 
services to students. The program supports efforts to develop and 
strengthen the infrastructure in a State or local educational agency or 
Indian tribe to improve student access to mental health services by 
creating relationships and protocols, by providing training for 
teachers and other staff on a range of related issues, and by involving 
families in program design and implementation, in a manner that is 
complementary to and does not duplicate any previous or ongoing 
efforts.
    Funds awarded under this program are intended to improve linkages, 
to create and enhance the infrastructure between State and local 
agencies and authorities, and ultimately to improve students' access to 
mental health services. We believe that improved collaboration and 
infrastructure development among these entities offers the best 
opportunity for the development of sustainable mental health services 
in communities. Program funds should not be used to hire or contract 
for the services of an outside direct mental health service provider 
because the cost of these services is significant and would restrict 
the available funding under the program to a very limited number of 
sites. Use of Federal funds to pay these costs also would do little to 
contribute to the program's overall goal of increasing coordinated 
activities among schools, law enforcement/juvenile justice agencies, 
and mental health systems that are focused on enhancing State and local 
sustainable capacity to improve students' access to mental health 
services.
    To facilitate this improved collaboration and infrastructure, the 
Grants for the Integration of Schools and Mental Health Systems program 
requires an Interagency Agreement. The Agreement will delineate each 
entity's responsibilities and describe the interactions between the 
parties. In addition to the statutorily required components of the 
Agreement, we propose that recipients adopt procedures for obtaining 
parental consent before provision of services and for ensuring 
responsible communication with parents concerning their children's 
mental health needs and services. Many members of the public have been 
concerned about parents being excluded from a range of activities 
related to children's mental health, from screening to treatment. This 
requirement would help ensure that recipients address these concerns.
    We have worked with the Department of Health and Human Services' 
Substance Abuse and Mental Health Services Administration to develop 
these proposed requirements; this notice reflects the two agencies' 
common philosophy and approach.
    We will announce the final requirements in a notice in the Federal 
Register. We will determine the final 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 requirements, subject to meeting applicable rulemaking 
requirements.


    Note: This notice does not solicit applications. In any year in 
which we choose to use one or more of these requirements, we invite 
applications through a notice in the Federal Register.

Requirements

Proposed Requirement 1: Coordination of Activities

    We propose that recipients of a grant under the Grants for the 
Integration of Schools and Mental Health Systems program be required to 
coordinate project activities with projects funded under the Department 
of Health and Human Services' Substance Abuse and Mental Health 
Services Administration's Mental Health Transformation State 
Infrastructure Grants (MHTSIG) program (CFDA 93.243), if a grantee's 
State receives a MHTSIG award. If a recipient of a grant under the 
Grants for the Integration of Schools and Mental Health Systems program 
has received or receives a grant under the Department of Education's 
Emergency Response and Crisis Management (ERCM) program (CFDA 84.184E), 
the recipient must coordinate mental health service activities under 
this grant with those planned under its ERCM grant. Projects funded by 
this program must complement, rather than duplicate, existing or 
ongoing efforts.

Proposed Requirement 2: Safe Schools/Healthy Students Recipients 
Excluded From Receiving Awards

    We propose that former or current recipients under the Safe 
Schools/Healthy Students program (CFDA 84.184L) will not be eligible to 
receive a Grant for the Integration of Schools and Mental Health 
Systems program. Recipients of Safe Schools/Healthy Students awards are 
responsible for completing a scope of work under that program that is 
very similar to the activities required under the Grants for the 
Integration of Schools and Mental Health Systems program. By 
restricting the applicant pool to eliminate former or current grantees 
under the Safe Schools/Healthy Students program, we will be able to 
focus Federal funds on entities that have not yet received Federal 
support to develop and implement strong linkages with other entities in 
their communities for the provision of mental health services to 
students.
    Applicants may compete for both the Grants for the Integration of 
Schools and Mental Health Systems and Safe Schools/Healthy Students 
programs in the same year; if applicants are deemed eligible for 
funding in both grant competitions, the applicant will receive the 
larger and more comprehensive of the awards.

[[Page 12189]]

Proposed Requirement 3: Preliminary Interagency Agreement

    We propose that applicants for an award under the Grants for the 
Integration of Schools and Mental Health Systems program develop and 
submit with their applications a preliminary interagency agreement 
(IAA). The IAA must contain the signatures of an authorized 
representative of at least (1) One or more State or local educational 
agencies or Indian tribes; (2) one or more juvenile justice 
authorities; and (3) one or more State or local public mental health 
agencies. This preliminary IAA would confirm the commitment of these 
partners to complete the work under the proposed project, if funded. If 
funded, recipients will complete a final IAA as required by section 
5541(e) of the Elementary and Secondary Education Act of 1965, as 
amended (ESEA). The final IAA must be completed and submitted to us, 
signed by all parties, no later than 12 months after the award date.
    Applications that do not include the proposed preliminary IAA with 
all of the required signatures would be rejected and not considered for 
funding.

Proposed Requirement 4: Inclusion of Parental Consent Considerations in 
Final IAA

    We propose that the final Interagency Agreement (IAA) include a 
description of policies and procedures that would ensure appropriate 
parental or caregiver consent for any planned services, pursuant to 
State or local laws or other requirements.

Proposed Requirement 5: Provision of Direct Services

    We propose that grant funds under this program not be used to 
provide direct services to students.

Executive Order 12866

    This notice of proposed 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 
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 requirements, we have 
determined that the benefits of the proposed 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.

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 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.


    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: 84.215M)


    Program Authority: 20 U.S.C. 7269.

    Dated: March 6, 2006.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
 [FR Doc. E6-3362 Filed 3-8-06; 8:45 am]
BILLING CODE 4000-01-P