[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Notices]
[Pages 71668-71671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24518]



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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools; Overview Information; 
Grants for School-Based Student Drug-Testing Programs; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2008

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.184D.
    Dates: Applications Available: December 18, 2007.
    Deadline for Transmittal of Applications: March 21, 2008.
    Deadline for Intergovernmental Review: May 22, 2008.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: Through the Grants for School-Based Student 
Drug-Testing Programs, the Department awards grants to local 
educational agencies (LEAs) and other 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 2008 and any subsequent year in which we 
make awards from the list of unfunded applicants 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, which 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), apply to all applications submitted under 
this program.

    Note: For this competition, we are only using three of the five 
requirements established in the notice of final eligibility and 
application requirements, priorities, and selection criteria 
published in the Federal Register on July 7, 2005 (70 FR 39254).

    (1) Applicants may not submit more than one application for an 
award under this program.
    (2) 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.
    (3) 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 in the Federal Register on July 7, 2005 (70 FR 
39254). (c) The notice of final eligibility requirement published in 
the Federal Register on December 4, 2006 (71 FR 70369).

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.


    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration has requested 
$17,850,000 for the Grants for School-Based Student Drug-Testing 
Programs in FY 2008, of which $12,750,000 would be available for new 
grant awards. The actual level of funding, if any, depends on final 
congressional action. However, we are inviting applications to allow 
enough time to complete the grant process if Congress appropriates 
funds for this program. Contingent upon the availability of funds and 
the quality of applications, we may make additional awards in FY 2008 
and in FY 2009 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: 85.

    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, including charter schools that are 
considered LEAs under state law, and public and private entities that 
do not currently have an active grant under the Department of 
Education's School-Based Student Drug-Testing Programs (CFDA 84.184D).


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    Note: 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. This eligibility requirement 
is from the notice of final eligibility requirement published in the 
Federal Register on December 4, 2006 (71 FR 70369).

    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.
    3. Other:
    (a) Participation by Private School Children and Teachers.
    Pursuant to section 9501 of the Elementary and Secondary Education 
Act of 1915, as amended (ESEA), an entity that receives a grant under 
the School-Based Student Drug-Testing Programs is 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, the grantee must engage in timely and 
meaningful consultation with appropriate private school officials 
during the design and development of the program. This consultation 
must take place before the grantee makes any decision 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.
    (b) Maintenance of Effort. Under section 9521 of the ESEA, LEAs may 
receive a grant under the School-Based Student Drug-Testing Programs 
only if the State educational agency finds that either 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 LEA 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: You can obtain an 
application package via the Internet or from the Education Publications 
Center (ED Pubs). To obtain a copy via the Internet, use the following 
address: http://www.ed.gov/programs/drugtesting/index.html. To obtain a 
copy from ED Pubs, write, fax, or call the following: Education 
Publications Center, P.O. 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 can contact ED Pubs at its Web site, also: www.ed.gov/pubs/edpubs.html or at its e-mail address: [email protected].
    If you request an application from ED Pubs, be sure to identify 
this program or competition as follows: CFDA 84.184D.
    Individuals with disabilities can obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) by contacting the person or team 
listed under Alternative Format in section VIII 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 competition.
    3. Submission Dates and Times:
    Applications Available: December 18, 2007.
    Deadline for Transmittal of Applications: March 21, 2008.
    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 in 
paper format 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 person listed under FOR FURTHER INFORMATION CONTACT in section VII 
in this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: May 22, 2008.
    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 regulations outlining funding 
restrictions in the Applicable Regulations section in 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 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.

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     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 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 competition 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, toll free, 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 
under FOR FURTHER INFORMATION CONTACT in section VII in this notice 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 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

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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 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 this 
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 notify you informally, also.
    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 in this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section in 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 directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). For specific requirements 
on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: The Department has established the 
following Government Performance and Results Act or 1993 (GPRA) 
performance measures for the Grants for School-Based Student Drug-
Testing Programs: 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 past month and past year 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, U.S. Department of 
Education, 400 Maryland Ave., SW., room 3E248, Washington, DC 20202-
6450. Telephone: 202-260-2673, or Kandice Kostic, U.S. Department of 
Education, 400 Maryland Ave., SW., room 3E258, Washington, DC 20202-
6450. Telephone: 202-260-7836 or by e-mail: [email protected].
    If you use a TDD, call the Federal Relay Service (FRS), toll free, 
at 1-800-877-8339.

VIII. Other Information

    Alternative Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an alternative format 
(e.g., Braille, large print, audiotape, or computer diskette) on 
request to the program contact persons listed under FOR FURTHER 
INFORMATION CONTACT in section VII in this notice.
    Electronic Access to This Document: You can 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: 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 can also view this document in text or PDF at the following 
site: 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: December 12, 2007.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
 [FR Doc. E7-24518 Filed 12-17-07; 8:45 am]
BILLING CODE 4000-01-P