[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 894-896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-237]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Homeless Education Disaster Assistance Program (CFDA No. 84.383A)

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice inviting applications.

-----------------------------------------------------------------------

SUMMARY: The Homeless Education Disaster Assistance program is a new, 
one-year program authorized under the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009. This program 
provides assistance to local educational agencies (LEAs) or consortia 
of LEAs located within the same State whose enrollment of homeless 
students has increased as a result of a natural disaster that occurred 
in calendar year 2008 (2008).

DATES: Application Deadline: February 9, 2009, 4:30:00 p.m. Eastern 
time.

SUPPLEMENTARY INFORMATION: Under this program, the Department will 
award funds directly to eligible LEAs based on demonstrated need. 
(Except where specifically noted, the term LEA as used in this notice 
refers to a single LEA or a consortium of LEAs located in the same 
State.) In determining an LEA's need for assistance, the Department 
will consider the number of students enrolled in the LEA in 
kindergarten through grade twelve who became homeless as a result of a 
natural disaster (as defined elsewhere in this notice) that occurred in 
2008. To be eligible for funding under this program, an LEA 
(individually or in consortium) must have at least fifty of these 
homeless students enrolled.
    The LEA must use program funds to support activities that are 
allowable under section 723(d) of the McKinney-

[[Page 895]]

Vento Homeless Assistance Act (42 U.S.C. 11433(d)). The services 
provided must comply with paragraphs (2) and (3) of section 723(a) of 
that law, and the LEA must comply with paragraphs (3) through (7) of 
section 722(g) of the law. The LEA may use program funds to assist any 
homeless individual, of school or pre-school age in the LEA, and not 
just those students who became homeless as a result of a natural 
disaster. The LEA may use the funds to support future activities, as 
well as to reimburse itself for costs incurred in carrying out 
activities during 2008 or 2009, designed to help homeless students 
enroll in, attend, or succeed in school. The funds will remain 
available for obligation by an LEA through September 30, 2010.
    Eligible Applicants: Under this program, eligible applicants are 
LEAs that have a total of at least fifty students enrolled in one or 
more grades, kindergarten through grade twelve, who became homeless as 
a result of a natural disaster that occurred during 2008. Due to the 
limited amount of funding available under this program, only LEAs or 
consortia that meet this minimum threshold are eligible for a grant.
    Required submission of eligibility information: As part of its 
application, the LEA must submit data, for which it has verifiable and 
auditable documentation, on the number of students enrolled in 
kindergarten through grade twelve in the LEA who became homeless as a 
result of a natural disaster that occurred during 2008. If a group of 
LEAs applies for these funds as a consortium, the LEA members of the 
group must designate one member to submit with the application data on 
the number of students enrolled in kindergarten through grade twelve in 
all of the consortium member LEAs and who became homeless as a result 
of a natural disaster that occurred in 2008. For purposes of this 
program, the count of enrolled students who became homeless as a result 
of a natural disaster that occurred in 2008 can include: Students 
already enrolled in the LEA who became homeless due to a natural 
disaster, or students made homeless by a natural disaster who are 
identified as such at the time of enrollment in the LEA.
    Determination of award amount: Congress has appropriated $15 
million for this program. The Department will award these funds, based 
on demonstrated need, to eligible LEAs that submit applications that 
meet the requirements of this notice and of the application package. 
Each LEA will receive a proportionate share of funds based on the 
number of students enrolled in the LEA in kindergarten through grade 
twelve who became homeless as a result of a natural disaster that 
occurred in 2008. Specifically, the Department will calculate each 
LEA's award amount based on the quotient obtained by dividing the 
number of its students enrolled in kindergarten through grade twelve 
who became homeless as a result of a natural disaster that occurred in 
2008 by the total number of such students for all eligible LEAs 
submitting an application.
    For consortia of LEAs that apply for funds, the Department will 
treat each consortium as a single LEA when determining grant award 
amounts. The designated LEA that submits an application to the 
Department on behalf of the consortium members must (a) distribute any 
funds received by the consortium to each member LEA based on its 
proportionate share of the total number of children made homeless as a 
result of a natural disaster in 2008 for the consortium as a whole, or 
(b) distribute the funds based on an alternative need-based method 
agreed upon in writing by all member LEAs.
    Definition of natural disaster: For purposes of this program, a 
natural disaster is defined as a disaster for which the President 
declared a major disaster under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act of 1974. Those disasters 
are listed on the Web site of the Federal Emergency Management Agency 
(FEMA) at http://www.fema.gov/news/disasters.fema?year=2008.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 85, 98, and 99.

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

    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (APA) (5 U.S.C. 553), the Department generally offers interested 
parties the opportunity to comment on proposed program requirements. 
Section 437(d)(2) of the General Education Provisions Act (20 U.S.C. 
1232(d)(2)), however, allows the Secretary of Education to exempt from 
rulemaking requirements regulations where the Secretary determines that 
conducting rulemaking would cause extreme hardship to the intended 
beneficiaries of the program or programs affected by the regulations.
    The Secretary has determined that conducting rulemaking for the 
Homeless Education Disaster Assistance program, including rulemaking on 
an LEA's eligibility for assistance and the process for allocating 
funds, would cause extreme hardship to the beneficiaries of the 
program. LEAs throughout the country have needs and expenses related to 
educating students who became homeless as a result of natural disasters 
that occurred in 2008. It is essential, therefore, that the Department 
award funding under the program at the earliest possible date. 
Furthermore, the legislation authorizing the program recognizes the 
need for timely awards and directs the Department to make grants to 
LEAs on the basis of demonstrated need within 120 days of the date of 
enactment of that legislation. LEAs need sufficient time to collect and 
submit data that demonstrate their need for assistance. In order to 
avoid harm and hardship to applicants under the program, and to the 
students they are serving, the Secretary is waiving rulemaking for this 
program.
    Application and Submission Information: To receive funding, an 
eligible LEA must submit an application electronically by the deadline 
established in this notice. Submission of an electronic application 
involves the use of the Department's Electronic Grant Application 
System (e-Application) accessible through the Department's e-Grants 
system.
    You can access the electronic application for the Homeless 
Education Disaster Assistance program at: http://e-grants.ed.gov.
    Once you access this site, you will receive specific instructions 
regarding the information to include in your application.
    The regular hours of operation of the e-Grants Web site are 6 a.m. 
Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until 8 p.m., Sunday 
(Washington, DC time). Any modifications to these hours are posted on 
the e-grants Web site.

FOR FURTHER INFORMATION CONTACT: Mr. John McLaughlin, U.S. Department 
of Education, 400 Maryland Avenue, SW., room 3C130, Washington, DC 
20202. Telephone: (202) 260-0826 or via e-mail at 
[email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll-free, at 1-800-877-8339.
    Individuals with disabilities can obtain this notice in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in this section.
    Electronic Access To This Document: You may view this document, as 
well as other Department of Education documents published in the 
Federal

[[Page 896]]

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 version of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


    Program Authority: Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act, 2009 at Div. B, Title I, Chapter 
7, Pub. L. 110-329, 122 Stat. 3595 (Sept. 30, 2008).

    Dated: January 6, 2009.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. E9-237 Filed 1-8-09; 8:45 am]
BILLING CODE 4000-01-P