[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27576-27577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4408]



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Part IV





Department of Education





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Office of Safe and Drug-Free Schools; Notice of Final Priorities and 
Application Requirements; Overview Information, Emergency Response and 
Crisis Management Grant Program; Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2006; Notices

  Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / 
Notices  

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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools; Notice of Final Priorities 
and Application Requirements

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

SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools 
announces two priorities and application requirements under the 
Emergency Response and Crisis Management Grants program. We may use one 
or more of these priorities and application 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 these priorities and application requirements to 
support grants to local educational agencies (LEAs) that are at high 
risk for crisis situations, as well as those that have not yet received 
funding under this program; and to strengthen the quality of 
applications under this program in addressing multiple hazards, 
including infectious diseases.

DATES: Effective Date: These priorities and application requirements 
are effective June 12, 2006.

FOR FURTHER INFORMATION CONTACT: Tara Hill, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 3E340, 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 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: The events of September 11, 2001, and more 
recently, Hurricanes Katrina and Rita, reinforce the need for schools 
and communities to plan for traditional crises and emergencies, as well 
as possible terrorist attacks or other catastrophic events. 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.
    We published a notice of proposed priorities and application 
requirements for this program in the Federal Register on March 1, 2006 
(71 FR 10482).

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed priorities 
and application requirements, three parties submitted comments on the 
proposed priorities. An analysis of the comments and of any changes in 
the priorities since publication of the notice of proposed priorities 
and application requirements follows. We did not make any changes to 
the application requirements proposed in the notice of proposed 
priorities and application requirements.
    Generally, we do not address technical and other minor changes and 
suggested changes the law does not authorize us to make under the 
applicable statutory authority.
    Comment: One commenter recommended that we revise the competitive 
preference priorities to include educational service agencies (ESAs) 
that have previously received funding, provided the new grant 
application is on behalf of previously unfunded LEAs. The commenter 
suggested that since ESAs do not directly benefit from the grant, they 
should not be excluded from the competitive preference priorities if 
applying on behalf of LEAs that have not previously received funding 
under this program.
    Discussion: We agree that the competitive preference priorities 
should be revised to include ESAs that have previously received funding 
under this program provided the ESA is applying on behalf of previously 
unfunded LEAs. The primary role of ESAs is to provide educational 
support programs for LEAs, such as staff and curriculum development, 
purchasing, and other programs. By consolidating programmatic, fiscal, 
or administrative services within an ESA, LEAs are able to 
cooperatively share services and costs for programs that may be costly 
or difficult to administer by a single LEA. Since ESAs often serve an 
administrative function for several LEAs, they are often the lead 
applicant in requests for funding.
    Change: We have revised the competitive preference priorities to 
clarify the eligibility of ESAs for a competitive preference under this 
program if the ESAs are applying on behalf of previously unfunded LEAs.
    Comment: Two commenters suggested that the competitive preference 
priority for LEAs located in Urban Areas Security Initiative (UASI) 
jurisdictions provides an unfair advantage over applicants that are not 
located in UASI jurisdictions.
    Discussion: We believe that establishing a funding priority for 
LEAs located within UASI jurisdictions is justified because the UASI 
effectively identifies the areas that are most likely to be targets of 
terrorist attacks and other crises and, thus, have the greatest need 
for emergency plans.
    However, we recognize that effective crisis plans are a priority 
for all LEAs, regardless of their location. Accordingly, Proposed 
Priority 2 was designed to address the needs of LEAs that are not 
located within UASI jurisdictions and that have not previously received 
funding under the ERCM grant program. We believe that this is an 
equitable approach for addressing the needs of LEAs that are not 
located in designated high-risk areas and whose crisis planning needs 
have not previously received support under this program.
    Change: None.


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

Priorities

Priority 1--Competitive Preference Priority for LEAs That Have Not 
Previously Received a Grant Under the ERCM Program and Are Located in 
an Urban Areas Security Initiative Jurisdiction

    Under this priority, we give a competitive preference to 
applications from local educational agencies (LEAs) that (1) have not 
yet received a grant under this program and (2) are located in whole or 
in part within Urban Areas Security Initiative (UASI) jurisdictions, as 
determined by the U.S. Department of Homeland Security (DHS). An 
applicant must meet both of these criteria in order to receive the 
competitive preference. Under a consortium application, all members of 
the LEA consortium need to meet both criteria to be eligible for the 
preference. Applications submitted by educational service agencies 
(ESAs) are eligible under this priority if each LEA to be served by the 
grant is located within a UASI jurisdiction and has not received 
funding under this program directly, or as the lead agency or as a 
partner in a consortium; however the ESA itself may have received a 
previous grant.
    Because DHS' determination of UASI jurisdictions may change from 
year to year, applicants under this priority must refer to the most 
recent list of UASI jurisdictions published by DHS when submitting 
their applications. In any

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notice inviting applications using this priority, the Department will 
provide applicants with information necessary to access the most recent 
DHS list of UASI jurisdictions.

Priority 2--Competitive Preference Priority for LEAs That Have Not 
Previously Received a Grant Under the ERCM Program

    Priority: Under this priority, we give competitive preference to 
applications from local educational agencies (LEAs) that have not 
previously received a grant under this program. Applicants (other than 
educational service agencies (ESAs)) that have received funding under 
this program directly, or as the lead agency or as a partner in a 
consortium application under this program, will not receive competitive 
preference under this priority. For applications submitted by ESAs, 
each LEA to be served by the grant must not have received funding under 
this program directly, or as the lead agency, or as a partner in a 
consortium application, in order for the ESA to be eligible under this 
priority; however the ESA itself may have received a previous grant.

Application Requirements

    1. Implementation of the National Incident Management System--
Applicants must agree to implement their grant in a manner consistent 
with the implementation of the NIMS in their communities. Applicants 
must include in their applications an assurance that they have met, or 
will complete, all current NIMS requirements by the end of the grant 
period.
    Because DHS' determination of NIMS requirements may change from 
year to year, applicants must refer to the most recent list of NIMS 
requirements published by DHS when submitting their applications. In 
any notice inviting applications, the Department will provide 
applicants with information necessary to access the most recent DHS 
list of NIMS requirements.


    Note: 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/emergency/nims/index.shtm.

    2. Infectious Disease Plan--To be considered for a grant award, 
applicants must agree to develop a written plan designed to prepare the 
LEA for a possible infectious disease outbreak, such as pandemic 
influenza. Plans must address the four phases of crisis planning 
(Mitigation/Prevention, Preparedness, Response, and Recovery) and 
include a plan for disease surveillance (systematic collection and 
analysis of data that lead to action being taken to prevent and control 
a disease), school closure decision-making, business continuity 
(processes and procedures established to ensure that essential 
functions can continue during and after a disaster), and continuation 
of educational services.

Executive Order 12866

    This notice of final priorities and 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 priorities 
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 priorities and application 
requirements, we have determined that the benefits of the final 
priorities and 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 
priorities and 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.
    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 84.184.E-Emergency 
Response and Crisis Management Grant program.)

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

    Dated: May 8, 2006.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 06-4408 Filed 5-10-06; 8:45 am]
BILLING CODE 4000-01-P