[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10656-10658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5091]



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Part II





Department of Education





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Readiness and Emergency Management for Schools; Notice

  Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / 
Notices  

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DEPARTMENT OF EDUCATION


Readiness and Emergency Management for Schools

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.184E.
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.

ACTION: Notice of final priorities and requirements.

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SUMMARY: The Acting Assistant Deputy Secretary for Safe and Drug-Free 
Schools announces priorities and requirements under the Readiness and 
Emergency Management for Schools (REMS) grant program. The Acting 
Assistant Deputy Secretary may use these priorities and requirements 
for competitions in fiscal year (FY) 2009 and later years. We take this 
action to focus Federal financial assistance on an identified national 
need. We intend these priorities and requirements to support grants 
that will increase the capacity of local educational agencies (LEAs) to 
prevent and mitigate, prepare for, respond to, and recover from 
emergencies. This action is also taken to focus funding on LEAs that 
have not previously received funding under this program and to 
establish other core requirements.
    Effective Date: These priorities and requirements are effective 
April 10, 2009.

FOR FURTHER INFORMATION CONTACT: Sara Strizzi, U.S. Department of 
Education, 1391 Speer Boulevard, suite 800, Denver, CO 80204-2512. 
Telephone: (303) 346-0924 or by e-mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service, toll free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Purpose of Program: Past emergencies, such 
as the events of September 11, 2001, Hurricanes Katrina and Rita, and 
emergencies related to other natural and man-made hazards, reinforce 
the need for schools and communities to plan for traditional crises and 
emergencies, as well as other catastrophic events. The REMS grant 
program provides funds to LEAs to establish an emergency management 
process that focuses on reviewing and strengthening emergency 
management plans, within the framework of the four phases of emergency 
management (Prevention-Mitigation, Preparedness, Response, and 
Recovery). The program also provides resources to LEAs to provide 
training for staff on emergency management procedures and requires that 
LEAs develop comprehensive all-hazards emergency management plans in 
collaboration with community partners, including local law enforcement; 
public safety, public health, and mental health agencies; and local 
government.


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

    We published a notice of proposed priorities and requirements for 
this competition in the Federal Register on December 23, 2008 (73 FR 
78757). That notice contained background information and our reasons 
for proposing the particular priorities and requirements.
    Public Comment: In response to our invitation in the notice of 
proposed priorities and requirements, one party submitted a comment on 
the proposed priorities and requirements.
    Generally, we do not address technical and other minor changes.
    Analysis of Comments and Changes: An analysis of the comment and of 
any changes in the priorities and requirements since publication of the 
notice of proposed priorities and requirements follows.
    Comment: One commenter recommended that we add the head of the 
local emergency management agency as a required sixth partner on the 
grant. The commenter suggested that an LEA's partnership with the local 
emergency management agency in its jurisdiction will ensure consistent 
community-wide emergency management planning and training efforts and 
will contribute to the sustainability of the emergency management 
process.
    Discussion: We agree that local emergency management agencies have 
a significant and valuable role to play in assisting with community-
wide emergency planning efforts. We encourage LEAs to work closely with 
all relevant community partners, including local emergency management 
agencies, to leverage resources, ensure consistency, and avoid 
duplication of effort. However, local emergency management agencies do 
not exist in every community. Some communities do not have a designated 
local emergency management agency and, instead, vest emergency 
management authority in other agencies, such as a local fire 
department, law enforcement agency, or other public safety agency.
    If a local emergency management agency is available to participate 
in a REMS grant project, its assistance is likely to be of significant 
value. We are interested in grantees securing partner participation 
from the most relevant community entities and encourage the inclusion 
of the local emergency management agency as a grant partner if such an 
agency is present. However, given the significant variation in the 
types of organizations involved in emergency management activities in 
communities across the Nation, we must provide flexibility to grantees. 
We have made a change in the requirement in response to this comment.
    Change: We have revised Priority 1 and the requirements to clarify 
that a partner agreement from a local emergency management agency may 
be used to meet the public safety partner requirement.

Final Priorities

Priority 1--LEA Projects Designed To Develop and Enhance Local 
Emergency Management Capacity

    This priority supports LEA projects designed to create, strengthen, 
or improve emergency management plans at the LEA and school-building 
levels and build the capacity of LEA staff so that the LEA can continue 
the implementation of key emergency management functions after the 
period of Federal funding. Projects must include a plan to create, 
strengthen, or improve emergency management plans, at the LEA and 
school-building levels, and within the framework of the four phases of 
emergency management: Prevention-Mitigation, Preparedness, Response, 
and Recovery. Projects must also include: (1) Training for school 
personnel in emergency management procedures; (2) coordination, and the 
use of partnerships, with local law enforcement, public safety or 
emergency management, public health, and mental health agencies, and 
local government to assist in the development of emergency management 
plans at the LEA and school-building levels; (3) a plan to sustain the 
local partnerships after the period of Federal assistance; (4) a plan 
for communicating school emergency management policies and 
reunification procedures for parents and guardians and their children 
following an emergency; and (5) a written plan for improving LEA 
capacity to sustain the emergency management process through ongoing 
training of personnel and continual review of policies and procedures.

Priority 2--Priority for LEAs That Have Not Previously Received a Grant 
Under the REMS Program (CFDA Number 84.184E) and Are Located in Urban 
Areas Security Initiative Jurisdiction

    Under this priority, we give priority to applications from LEAs 
that (1) have not yet received a grant under this program (CFDA Number 
84.184E) and (2) are located in whole or in part within Urban

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Areas Security Initiative (UASI) jurisdictions, as determined by the 
U.S. Department of Homeland Security (DHS). Applicants, including 
educational service agencies (ESAs), must meet both of these criteria 
in order to meet this priority. Under a consortium application, all 
members of the LEA consortium, including any ESAs, must meet both 
criteria to meet this priority.
    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 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 3--Priority for Applicants That Have Not Previously Received a 
Grant Under the REMS Program (CFDA Number 84.184E)

    Under this priority, we give priority to applications from LEAs 
that have not previously received a grant under this program (CFDA 
Number 84.184E). Applicants, including 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 meet this priority. Under a consortium application, 
all members of the LEA consortium must meet this criterion to meet this 
priority.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute Priority: Under an absolute priority we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive Preference Priority: Under a competitive preference 
priority we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the competitive priority over an 
application of comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational Priority: Under an invitational priority we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Requirements: We may apply one or more of these requirements 
in any year in which this program is in effect.
    Partner Agreements: To be considered for a grant award, an 
applicant must include in its application an agreement that details the 
participation of each of the following five community-based partners: 
The law enforcement agency, the public safety or emergency management 
agency, the public health agency, the mental health agency, and the 
head of the applicant's local government (for example the mayor, city 
manager, or county executive). The agreement must include a description 
of each partner's roles and responsibilities in improving and 
strengthening emergency management plans at the LEA and school-building 
levels, a description of each partner's commitment to the continuation 
and continuous improvement of emergency management plans at the LEA and 
school-building levels, and the signature of an authorized 
representative of the LEA and each partner acknowledging the agreement. 
For consortium applications, each LEA to be served by the grant must 
submit a complete set of partner agreements with the signature of an 
authorized representative of the LEA and each corresponding partner 
acknowledging the agreement.
    If one or more of the five partners listed in this requirement is 
not present in the applicant's community, or cannot feasibly 
participate, the agreement must explain the absence of each missing 
partner. To be considered eligible for funding, however, an application 
must include a signed agreement between the LEA, a law enforcement 
partner, and at least one of the other required partners (public safety 
or emergency management agency, public health agency, mental health 
agency, or the head of the local government).
    Applications that fail to include the required agreement, including 
information on partners' roles and responsibilities and on their 
commitment to continuation and continuous improvement (with signatures 
and explanations for missing signatures as specified above), will not 
be read.
    Although this program requires partnerships with other parties, 
administrative direction and fiscal control for the project must remain 
with the LEA.
    Coordination with State or Local Homeland Security Plan: All 
emergency management plans receiving funding under this program must be 
coordinated with the Homeland Security Plan of the State or locality in 
which the LEA is located. To ensure that emergency services are 
coordinated, and to avoid duplication of effort within States and 
localities, applicants must include in their applications an assurance 
that the LEA will coordinate with and follow the requirements of its 
State or local Homeland Security Plan for emergency services and 
initiatives.
    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 emergency management 
(Prevention-Mitigation, 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.
    Food Defense Plan: To be considered for a grant award, applicants 
must agree to develop a written food defense plan that includes the 
four phases of emergency management (Prevention-Mitigation, 
Preparedness, Response, and Recovery) and is designed to safeguard the 
LEA's food supply, including all food storage and preparation 
facilities and delivery areas within the LEA.
    Individuals with Disabilities: Applicants must agree to develop 
plans that take into consideration the communication, medical, and 
evacuation needs of individuals with disabilities within the schools in 
the LEA.
    Implementation of the National Incident Management System (NIMS): 
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.



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    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 in ensuring that first-responder services 
are delivered to schools in a timely and effective manner. 
Additional information about NIMS implementation and requirements is 
available at http://www.fema.gov/emergency/nims.


    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.


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


    Executive Order 12866: This notice of final priorities and 
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 this final regulatory action 
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 final regulatory action, we have determined 
that the benefits of the final priorities and requirements justify the 
costs.
    We have determined, also, that this final 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 of this regulatory action in 
the notice of proposed priorities and 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.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or computer diskette) on request to the program contact 
person listed under FOR FURTHER INFORMATION CONTACT.
    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: 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.


    Delegation of Authority: The Secretary of Education has delegated 
authority to William Modzeleski, Acting Assistant Deputy Secretary for 
the Office of Safe and Drug-Free Schools to perform the functions of 
the Assistant Deputy Secretary for Safe and Drug-Free Schools.

    Dated: March 4, 2009.
William Modzeleski,
Acting Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. E9-5091 Filed 3-10-09; 8:45 am]
BILLING CODE 4000-01-P