[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Pages 10731-10735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4273]


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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) 2007

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.184D.
    DATES:
    Applications Available: March 9, 2007.
    Deadline for Transmittal of Applications: May 8, 2007.
    Deadline for Intergovernmental Review: July 9, 2007.
    Eligible Applicants: Local educational agencies (LEAs) and public 
and private entities.
    Estimated Available Funds: $1,600,000. Contingent upon the 
availability of funds, the Secretary may make additional awards later 
in FY 2007 and in subsequent years from the list of unfunded applicants 
from this competition.
    Estimated Range of Awards: $100,000-$200,000.
    Estimated Average Size of Awards: $150,000.
    Estimated Number of Awards: 11.

    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.
    Priority: This priority is from the notice of final eligibility and 
application requirements, priorities, and selection criteria for this 
program, published in the Federal Register on July 7, 2005 (70 FR 
39254).
    Absolute Priority: For FY 2007 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.
    Application Requirements: The following requirements apply to all 
applications submitted under this program. Requirements (1) and (3) 
through (5) are from the notice of final eligibility and application 
requirements, priorities, and selection criteria for this program, 
published in the Federal Register on July 7, 2005 (70 FR 39254). 
Requirement (2) is from the notice of final eligibility requirement for 
the Office of Safe and Drug-Free Schools discretionary grant programs 
published in the Federal Register on December 4, 2006 (71 FR 70369).
    (1) Applicants may not submit more than one application for an 
award under this program.
    (2) Eligibility under this grant competition is limited to 
applicants that do not currently have an active grant under the 
Department of Education's School-Based Student Drug-Testing Program 
(CFDA 84.184D). For the purpose of this 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.
    (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;

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    (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 in the Federal Register on July 7, 2005 (70 FR 
39254). (c) The notice of final eligibility requirement for the Office 
of Safe and Drug-Free Schools discretionary grant programs published in 
the Federal Register on December 4, 2006 (71 FR 70369).

    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: $1,600,000. Contingent upon the 
availability of funds, the Secretary may make additional awards later 
in FY 2007 and in subsequent years from the list of unfunded applicants 
from this competition.
    Estimated Range of Awards: $100,000-$200,000.
    Estimated Average Size of Awards: $150,000.
    Estimated Number of Awards: 11.

    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 
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 effort per student or the 
aggregate expenditures of the agency and the State with respect to the 
provision of a free public education by the agency for the preceding 
fiscal year were 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].
    You may also access the electronic version of the application at 
the following Web sites: http://www.grants.gov or http://www.ed.gov/fund/grant/apply/grantapps/index/html.
    If you request an application from ED Pubs be sure to identify this 
competition as follows: CFDA number 84.184D.
    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 persons listed 
under FOR FURTHER INFORMATION CONTACT in section VII of this notice.
    2. Content and Form of Application Submission: 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: March 9, 2007.
    Deadline for Transmittal of Applications: May 8, 2007.
    Applications for grants under this competition may be submitted 
electronically using the Grants.gov Apply site (Grants.gov), 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.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the persons listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice.
    Deadline for Intergovernmental Review: July 9, 2007.
    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. To comply with the 
President's Management Agenda, we are participating as a partner in the 
Governmentwide Grants.gov Apply site. The School-Based Student-Drug 
Testing Programs competition, CFDA Number

[[Page 10733]]

84.184D, is included in this project. We request your participation in 
Grants.gov.
    If you choose to submit your application electronically, you must 
use the Governmentwide Grants.gov Apply site at http://www.Grants.gov. 
Through this site, you will be able to download a copy of the 
application package, complete it offline, and then upload and submit 
your application. You may not e-mail an electronic copy of a grant 
application to us.
    You may access the electronic grant application for School-Based 
Student Drug-Testing Programs at http://www.Grants.gov. You must search 
for the downloadable application package for this program by the CFDA 
number. Do not include the CFDA number's alpha suffix in your search 
(e.g., search for 84.184, not 84.184D).
    Please note the following:
     Your participation in Grants.gov is voluntary.
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not consider your application 
if it is date and time stamped by the Grants.gov system later than 4:30 
p.m., Washington, DC time, on the application deadline date. When we 
retrieve your application from Grants.gov, we will notify you if we are 
rejecting your application because it was date and time stamped by the 
Grants.gov system after 4:30 p.m., Washington, DC time, on the 
application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the application submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this program to ensure that you 
submit your application in a timely manner to the Grants.gov system. 
You can also find the Education Submission Procedures pertaining to 
Grants.gov at http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.
     To submit your application via Grants.gov, you must 
complete all steps in the Grants.gov registration process (see http://www.grants.gov/applicants/get_registered.jsp). These steps include (1) 
Registering your organization, a multi-part process that includes 
registration with the Central Contractor Registry (CCR); (2) 
registering yourself as an Authorized Organization Representative 
(AOR); and (3) getting authorized as an AOR by your organization. 
Details on these steps are outlined in the Grants.gov 3-Step 
Registration Guide (see http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf). You also must provide on your 
application the same D-U-N-S Number used with this registration. Please 
note that the registration process may take five or more business days 
to complete, and you must have completed all registration steps to 
allow you to submit successfully an application via Grants.gov. In 
addition you will need to update your CCR registration on an annual 
basis. This may take three or more business days to complete.
     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.
     If you submit your application electronically, you must 
submit all documents electronically, including all information you 
typically provide on the following forms: Application for Federal 
Assistance (SF 424), the Department of Education Supplemental 
Information for SF 424, Budget Information--Non-Construction Programs 
(ED 524), and all necessary assurances and certifications. Please note 
that two of these forms--the SF 424 and the Department of Education 
Supplemental Information for SF 424--have replaced the ED 424 
(Application for Federal Education Assistance).
     If you submit your application electronically, you must 
attach any narrative sections of your application as files in a .DOC 
(document), .RTF (rich text), or .PDF (Portable Document) format. If 
you upload a file type other than the three file types specified in 
this paragraph or submit a password-protected file, we will not review 
that material.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. (This notification indicates 
receipt by Grants.gov only, not receipt by the Department.) The 
Department then will retrieve your application from Grants.gov and send 
a second notification to you by e-mail. This second notification 
indicates that the Department has received your application and has 
assigned your application a PR/Award number (an ED-specified 
identifying number unique to your application).
     We may request that you provide us original signatures on 
forms at a later date.
     Application Deadline Date Extension in Case of Technical 
Issues with the Grants.gov System: If you are experiencing problems 
submitting your application through Grants.gov, please contact the 
Grants.gov Support Desk at 1-800-518-4726. You must obtain a Grants.gov 
Support Desk Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30 p.m., Washington, DC time, 
on the application deadline date, please contact the person listed 
elsewhere in this notice under FOR FURTHER INFORMATION CONTACT and 
provide an explanation of the technical problem you experienced with 
Grants.gov, along with the Grants.gov Support Desk Case Number. We will 
accept your application if we can confirm that a technical problem 
occurred with the Grants.gov system and that that problem affected your 
ability to submit your application by 4:30 p.m., Washington, DC time, 
on the application deadline date. The Department will contact you after 
a determination is made on whether your application will be accepted.

    Note: The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov system.

    b. Submission of Paper Applications by Mail. If you submit your 
application in paper format by mail (through the

[[Page 10734]]

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.
    (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.
    (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 8:00 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 11 of the SF 424 the CFDA number, including suffix 
letter, if any, of the competition under which you are submitting your 
application; and
    (2) The Application Control Center will mail to you a notification 
of receipt of your grant application. If you do not receive the 
notification 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 in the Federal Register on 
July 7, 2005 (70 FR 39254), 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. We also may require more frequent performance reports in 
accordance with 34 CFR 75.720(c).
    4. Performance Measures: The Department has established the 
following Government Performance and Results Act (GPRA) performance 
measures for the School-Based Student Drug-Testing program: the 
reduction of the incidence of drug use in the past month and the 
reduction of the incidence of drug use in the 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.
    These measures constitute the Department's indicator of success for 
this program. Consequently, applicants for a grant under this program 
are advised to give careful consideration to these measures 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 these 
measures.

VII. Agency Contacts

    For Further Information Contact: Sigrid Melus or Kandice Kostic, 
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 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 persons 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.



[[Page 10735]]


    Dated: March 6, 2007.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
 [FR Doc. E7-4273 Filed 3-8-07; 8:45 am]
BILLING CODE 4000-01-P