[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70369-70371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20456]


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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools--Discretionary Grant 
Programs

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

ACTION: Notice of final eligibility requirement.

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SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools 
announces an eligibility requirement for the following discretionary 
grant programs administered by the Office of Safe and Drug-Free Schools 
(OSDFS Discretionary Grant Programs):
     Federal Activities (CFDA No. 84.184).
     Alcohol Abuse Reduction (CFDA No. 84.184A).
     Mentoring Programs (CFDA No. 84.184B).
     Student Drug Testing (CFDA No. 84.184D).
     Emergency Response and Crisis Management (CFDA No. 
84.184E).
     Grants to Prevent High-Risk Drinking or Violent Behavior 
Among College Students (CFDA No. 84.184H).
     Safe Schools/Healthy Students (CFDA No. 84.184L).
     Prevention Models on College Campuses (CFDA No. 84.184N).
     Grants to States to Improve Management of Drug and 
Violence Prevention Programs (CFDA No. 84.184R).
     Native Hawaiians (CFDA No. 84.186C).
     Elementary and Secondary School Counseling Program (CFDA 
No. 84.215E).
     Carol M. White Physical Education Program (CFDA No. 
84.215F).
     Foundations for Learning (CFDA No. 84.215H).
     Grants to Integrate Schools and Mental Health Systems 
(CFDA No. 84.215M).
     Partnerships in Character Education Program (CFDA No. 
84.215S/V).
     Cooperative Civic Education and Economic Education 
Exchange (CFDA No. 84.304A).
    We may use the eligibility requirement for competitions under the 
OSDFS Discretionary Grant Programs in fiscal year 2007 and later years. 
We take this action to focus Federal financial assistance on identified 
national needs. We intend for the eligibility requirement to ensure an 
equitable distribution of awards among eligible applicants for grants 
under the OSDFS Discretionary Grant Programs.

DATES: Effective Date: This requirement is effective January 3, 2007.

FOR FURTHER INFORMATION CONTACT: Nicole A. White, U.S. Department of 
Education, 400 Maryland Avenue, SW., Washington, DC 20202-6450. 
Telephone: (202) 260-1131. 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.
    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 Office of Safe and Drug-Free Schools 
(OSDFS) Discretionary Grant Programs provide funding to develop, 
implement, or expand drug and violence prevention, physical education, 
school counseling, mentoring, character education, civics education, 
and related projects at the local and State levels. In addition to 
providing this initial funding, OSDFS also is committed to promoting 
sustainability of projects and activities by encouraging grantees to 
seek other sources of funding and support when their project period 
ends.
    We published a notice of proposed eligibility requirement in the 
Federal Register on February 23, 2006 (71 FR 9329).
    With one exception, there are no differences between the notice of 
proposed eligibility requirement and this notice of final eligibility 
requirement. The exception is that the final eligibility requirement in 
this notice does not include the Life Skills for State and Local 
Prisoners program (CFDA No. 84.255A) because that program is no longer 
administered by the Office of Safe and Drug-Free Schools.

Analysis of Comments

    In response to our invitation in the notice of proposed eligibility 
requirement, fourteen parties submitted comments. Eleven comments did 
not address the proposed eligibility requirement and are not discussed 
here. An analysis of the comments and of any changes in the eligibility 
requirement since publication of the notice of proposed eligibility 
requirement follows.
    We group major issues according to subject. 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.

Quality of Applications

    Comments: Several commenters said the quality of an application, 
regardless of an applicant's previous history, should be the main 
criterion for awarding Federal funds.
    Discussion: The quality of an application is, and will remain, the 
principal criterion for awarding Federal funds under the Discretionary 
Grant Programs. However, the eligibility requirement will permit the 
Secretary to take previous funding history into account when 
determining who is eligible to compete for an award. We take this 
action for several reasons: First, to focus Federal financial 
assistance on expanding the number of programs and projects that 
support activities in a covered program; second, to promote rigorous 
assessment of results of funded projects to determine their impact on 
target populations and to inform future improvement efforts before 
making a second award under the same program; and, finally, to promote 
management improvement in Federal grant administration by requiring 
grantees to complete activities under current grants before embarking 
on a second grant under the same program.
    Change: None.
    Comment: One commenter objected to excluding current grantees from 
reapplying to the same program because the experience of one grant 
often leads to the identification of gaps that need to be addressed 
through a second grant.
    Discussion: We agree that project implementation often results in 
grantees gaining a greater awareness of needs and

[[Page 70370]]

gaps in service. For that reason, we encourage grantees to design 
procedures that ensure feedback and continuous improvement in the 
operation of their projects. By completing one full grant cycle before 
considering whether to apply for another award, we think grantees will 
achieve a better understanding of the effectiveness of their efforts 
and be better able to design new projects that are fully reflective of 
newly identified needs as well as what has been learned through their 
first implementation efforts.
    Change: None.
    Comment: One commenter expressed concern that the eligibility 
requirement would deny funding to the best qualified applicants and 
result in the selection of applications of lesser quality that are 
likely to have weaker outcomes.
    Discussion: OSDFS grant competitions are generally highly 
competitive, and fractions of a point may separate funded and unfunded 
applications. For example, in fiscal year 2006, 88 applications 
submitted for the Elementary and Secondary School Counseling Program 
scored 90 or above, and we were able to fund only 49 of them. We do not 
agree, therefore, that excluding current grantees would necessarily 
result in poor-quality applications receiving funds.
    Change: None.
    Comment: Several commenters expressed strong opposition to the 
eligibility requirement's perceived limitation on the number of awards 
a grantee could have.
    Discussion: The eligibility requirement will prohibit only 
applicants with an active grant from receiving a new grant for that 
same program. The requirement would have no effect on the number of 
grants an entity could receive under different programs. Applicants may 
apply for and receive grants under competitions offered by the 
Department under any of the 16 named programs, except for any program 
in which they currently have an active grant.
    Change: None.
    Comment: One commenter expressed concern that the eligibility 
requirement would have a negative impact on large school districts with 
a greater need for Federal funds and recommended a per-student 
enrollment limitation on the number of active grants one entity could 
receive under the same program.
    Discussion: Although we understand that larger school districts may 
have greater needs, we do not think that multiple or overlapping grants 
in the same program are an appropriate means of meeting those needs 
because they encourage fragmentation of efforts rather than a 
comprehensive, unified approach to problems. All applicants, including 
those in larger school districts, are encouraged to carefully assess 
their needs and request an amount of funding commensurate with those 
needs in their initial application.
    Change: None.
    Comment: None.
    Discussion: Since publication of the notice of proposed eligibility 
requirement, administration of the Life Skills for State and Local 
Prisoners program has been assigned to the Office of Vocational and 
Adult Education, and therefore will not be subject to the final 
eligibility requirement.
    Change: We have removed the Life Skills for State and Local 
Prisoners program from the list of Discretionary Grant programs.


    Note: In any year in which we elect to use the eligibility 
requirement, we will announce the eligibility requirement in the 
Federal Register notice governing the applicable grant competition.


    Eligibility Requirement for OSDFS Discretionary Grant Programs--
Federal Activities (CFDA No. 84.184); Alcohol Abuse Reduction (CFDA No. 
84.184A); Mentoring Programs (CFDA No. 84.184B); Student Drug Testing 
(CFDA No. 84.184D); Emergency Response and Crisis Management (CFDA No. 
84.184E); Grants to Prevent High-Risk Drinking or Violent Behavior 
Among College Students (CFDA No. 84.184H); Safe Schools/Healthy 
Students (CFDA No. 84.184L); Prevention Models on College Campuses 
(CFDA No. 84.184N); Grants to States to Improve Management of Drug and 
Violence Prevention Programs (CFDA No. 84.184R); Native Hawaiians (CFDA 
No. 84.186C); Elementary and Secondary School Counseling Program (CFDA 
No. 84.215E); Carol M. White Physical Education Program (CFDA No. 
84.215F); Foundations for Learning (CFDA No. 84.215H); Grants to 
Integrate Schools and Mental Health Systems (CFDA No. 84.215M); 
Partnerships in Character Education (CFDA No. 84.215S/V); Cooperative 
Civic Education and Economic Education Exchange (CFDA No. 84.304A)

Active Grants

    Under this requirement, the Secretary limits eligibility under the 
discretionary grant program competition to applicants that do not 
currently have an active grant under the same discretionary grant 
program. For the purpose of this eligibility requirement, a grant is 
considered active until the end of the grant's project or funding 
period, including any extensions of those periods that extend the 
grantee's authority to obligate funds.

Executive Order 12866

    This notice of final eligibility requirement 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 this notice of final 
eligibility requirement are those we have determined as necessary for 
administering this program effectively and efficiently. The benefit of 
this final eligibility requirement is to ensure that limited Federal 
financial assistance under the Discretionary Grant Programs is made 
available in a manner that is fair and equitable to the greatest number 
of applicants.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this notice of final eligibility requirement, we 
have determined that the benefits of the final eligibility requirement 
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

[[Page 70371]]

Access at: http://www.gpoaccess.gov/nara/index.html.


    Program Authority: 20 U.S.C. 1211-2 (1991), 6715, 7117, 7131, 
7139, 7140, 7245, 7247, 7261, 7269, and 7269a.

    Dated: November 28, 2006.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. E6-20456 Filed 12-1-06; 8:45 am]
BILLING CODE 4000-01-P