[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1037-1041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-130]


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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools; Overview Information; 
Readiness and Emergency Management for Schools; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2010

Catalog of Federal Domestic Assistance (CFDA) Number: 84.184E.

    Dates:
    Applications Available: January 8, 2010.
    Deadline for Transmittal of Applications: February 26, 2010.
    Deadline for Intergovernmental Review: April 27, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    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 Readiness and Emergency 
Management for Schools (REMS) grant program provides funds to local 
educational agencies (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.
    Priorities: These priorities are from the notice of final 
priorities and requirements for this program, published in the Federal 
Register on March 11, 2009 (74 CFR 10656).
    Absolute Priority: For FY 2010 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:
    LEA Projects Designed To Develop and Enhance Local Emergency 
Management Capacity.
    Under this priority, we support 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 and the continual review of policies and 
procedures.
    Competitive Preference Priority: For FY 2010 and any subsequent 
year in which we make awards from the list of unfunded applicants from 
this competition, this priority is a competitive preference priority. 
Under 34 CFR 75.105(c)(2)(i) we award an additional five points to an 
application that meets the competitive preference priority.
    This priority is:
    Priority for Applicants That Have Not Previously Received a Grant 
Under The REMS Program (CFDA 84.184E).
    Under this priority, we give competitive preference to applications 
from LEAs that have not previously received a grant under this program 
(CFDA 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.
    Final Requirements: These requirements are from the notice of final 
priorities and requirements for this program, published in the Federal 
Register on March 11, 2009 (74 FR 10656). The following requirements 
apply to all applications submitted under this competition:
    1. 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

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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.
    2. 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 their 
State or local Homeland Security Plan for emergency services and 
initiatives.
    3. 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.
    4. 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.
    5. 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.
    6. 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. 
Information about the FY 2009 NIMS requirements for tribal governments 
and local jurisdictions, including LEAs, may be found at: http://www.fema.gov/pdf/emergency/nims/FY2009_NIMS_Implementation_Chart.pdf.

    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 is available at: 
http://www.fema.gov/emergency/nims.
    Program Authority: 20 U.S.C. 7131.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 85, 97, 98, and 99. (b) The regulations in 34 CFR part 299. (c) 
The notice of final priorities and requirements, published in the 
Federal Register on March 11, 2009 (74 CFR 10656). (d) 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 CFR 70369).

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

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $29,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards later in FY 2010 and in FY 
2011 from the list of unfunded applicants from this competition.
    Estimated Range of Awards: $150,000-$600,000.
    Estimated Average Size of Awards: $150,000 for a small-size LEA (1-
20 education facilities); $300,000 for a medium-size LEA (21-75 
education facilities); and $600,000 for a large-size LEA (76 or more 
education facilities).
    Estimated Number of Awards: 96.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 24 months. Budgets should be developed for a 
single award with a project period of up to 24 months. No continuation 
awards will be provided.

III. Eligibility Information

    1. Eligible Applicants: LEAs, including charter schools that are 
considered LEAs under State law, that do not currently have an active 
grant under the REMS program (CFDA 84.184E). 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 extension 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. Equitable Participation by Private School Children and Teachers 
in Grant Program Activities.
    Section 9501 of the ESEA, requires that State educational agencies 
(SEAs), LEAs, or other entities receiving funds under the Safe and 
Drug-Free Schools and Communities Act provide for the equitable 
participation of private school children, their teachers, and other 
educational personnel in private schools located in areas served by the 
grant

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recipient. In order to ensure that grant program activities address the 
needs of private school children, LEAs must engage in timely and 
meaningful consultation with private school officials 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 education personnel to 
participate in grant program activities.
    In order to ensure equitable participation of private school 
children, teachers, and other educational personnel, an LEA must 
consult with private school officials on such issues as: Hazards and 
vulnerabilities unique to private schools in the LEA's service area, 
training needs, and existing emergency management plans and resources 
already available at private schools.
    b. Maintenance of Effort.
    Section 9521 of the ESEA permits LEAs to receive a grant only if 
the SEA finds that the combined fiscal effort per student or the 
aggregate expenditures of the LEA and the State with respect to the 
provision of free public education by the LEA for the preceding fiscal 
year was not less than 90 percent of the combined fiscal effort or 
aggregate expenditures for the second preceding fiscal year.

IV. Application and Submission Information

    1. Address To Request Application Package: You can obtain an 
application package via the Internet. To obtain a copy via the 
Internet, use the following address: http://www.ed.gov/fund/grant/apply/grantapps/index.html.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the person listed under Accessible 
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: January 8, 
2010. Deadline for Transmittal of Applications: February 26, 2010.
    Applications for grants under this competition may be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site, 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 of 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: April 27, 2010.
    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 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.
    If you choose to submit your application to us electronically, you 
must use e-Application, accessible through the Department's e-Grants 
Web site at: http://e-grants.ed.gov.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     Your participation in e-Application is voluntary.
     You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
competition after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
     The hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. 
on Thursdays, Washington, DC time. Any modifications to these hours are 
posted on the e-Grants Web site.
     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.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
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. 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.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgment that will include a PR/Award number 
(an identifying number unique to your application).
     Within three working days after submitting your electronic 
application, fax a signed copy of the SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at 
(202) 245-6272.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-

[[Page 1040]]

Application is unavailable, we will grant you an extension of one 
business day to enable you to transmit your application electronically, 
by mail, or by hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2) (a) E-Application is unavailable for 60 minutes or more between 
the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the 
application deadline date; or
    (b) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application 
deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due 
to technical problems with the system and, therefore, the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application.
    Extensions referred to in this section apply only to the 
unavailability of e-Application. If e-Application is available, and, 
for any reason, you are unable to submit your application 
electronically or you do not receive an automatic acknowledgment of 
your submission, you may submit your application in paper format by 
mail or hand delivery in accordance with the instructions in this 
notice.
    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 following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.184E), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    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 
84.184E), 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 4:30:00 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 grant 
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 34 CFR 75.210 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 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. For this competition, you must also submit an interim 
report 12 months after the award date. 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 Measure: We have identified the following key 
Government Performance and Results Act of 1993 (GPRA) performance 
measure for assessing the effectiveness of the REMS grant program: The 
average number of National Incident Management System (NIMS) course 
completions by key personnel at the start of the grant compared to the 
average number of NIMS course completions by key personnel at the end 
of the grant.
    This GPRA measure constitutes the Department's indicator of success 
for this program. Applicants for a grant under this program are advised 
to give careful consideration to this measure in designing their 
proposed project, including considering how data for the measure will 
be collected. Grantees will be required to collect and report, in their 
interim and final performance reports, baseline data and data on their 
progress with regard to this measure.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Sara Strizzi, U.S. Department of 
Education, 1244 Speer Boulevard, Suite 201, Denver, CO 80204-3514. 
Telephone: (303) 346-0924 or by e-mail: [email protected].
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document

[[Page 1041]]

and a copy of the application package 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 
in section VII of 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: http://www.ed.gov/news/fedregister. To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
this site.

    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: January 4, 2010.
Kevin Jennings,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 2010-130 Filed 1-7-10; 8:45 am]
BILLING CODE 4000-01-P