[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34441-34445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14681]


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

DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools; Overview Information; 
Educational Facilities Clearinghouse; Notice Inviting Applications for 
New Awards for Fiscal Year (FY) 2010

Catalog of Federal Domestic Assistance (CFDA) Number: 84.215T.

Dates:
    Applications Available: June 17, 2010.
    Deadline for Transmittal of Applications: July 30, 2010.
    Deadline for Intergovernmental Review: July 19, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Educational Facilities Clearinghouse 
(Clearinghouse) will provide technical assistance and training on the 
planning, design, financing, construction, operation, and maintenance 
of public nursery and pre-kindergarten, kindergarten-through-grade-12, 
and higher education facilities. The Clearinghouse will also develop 
resources and assemble best practices on issues related to ensuring 
safe, healthy, and high-performance public education facilities, 
including on procedures for identifying hazards and conducting 
vulnerability assessments.
    Priority: We are establishing this priority for the FY 2010 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applicants from this competition, in accordance with 
section 437(d)(1) of the General Education Provisions Act (GEPA), 20 
U.S.C. 1232(d)(1).
    Absolute Priority: We are establishing this priority to provide a 
Clearinghouse for public nursery, pre-kindergarten, and kindergarten-
through-grade-12 schools, and higher education facilities, to support 
decision-making related to educational facility planning, design, 
financing, construction, improvement, operation, and maintenance. This 
priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider 
only applications that meet this priority.
    This priority is:
    Establishment of the Clearinghouse.
    This priority supports the establishment of a Clearinghouse to 
collect and disseminate information on effective educational practices 
and the latest research regarding the planning, design, financing, 
construction, improvement, operations, and maintenance of safe, 
healthy, high-performance public facilities for nursery and pre-
kindergarten, kindergarten-through-grade 12, and higher education.
    Invitational 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 invitational priority. Under 34 CFR 
75.105(c)(1) we do not give an application that meets this invitational 
priority a competitive or absolute preference over other applications. 
Under this competition we are particularly interested in applications 
that address the following priority.
    This priority is:
    Development and Dissemination of Information on Green Building 
Practices.
    Under this priority, applicants may propose to develop and 
disseminate resources and research regarding best practices in 
constructing and maintaining environmentally sound educational 
facilities using green building practices. For the purposes of this 
competition the term ``green building,'' as defined by the U.S. 
Environmental Protection Agency, is the practice of creating structures 
and using processes that are environmentally responsible and resource-
efficient throughout a building's life-cycle from siting through 
design, construction, operation, maintenance, renovation, and 
deconstruction. This practice expands and complements the classical 
building design concerns of economy, utility, durability, and comfort.
    Requirements: Applicants for grants under this competition must 
meet the following requirements:
    1. Establish and maintain a Web site. To be considered for an 
award, applicants must include in their application a plan to establish 
and maintain a dedicated Web site that will include electronic 
resources, such as links to published articles and research, related to 
the planning, design, financing, construction, improvement, operation, 
and maintenance of safe, healthy, high- performance public facilities 
for nursery and pre-kindergarten, kindergarten-through-grade-12, and 
higher education. The Web site should be established within 90 days of 
the award and must be maintained for the duration of the project.
    2. Develop Resource Materials. The project funded under this 
competition must develop resources that support the planning, design, 
financing, construction, improvement, operation, and maintenance of 
safe, healthy, high-performance public facilities for nursery and pre-
kindergarten, kindergarten-through-grade-12 schools, and higher 
education. Applicants must plan to develop at least three publications 
each year. All publication topics must be reviewed and approved by the 
Department. In general, the three publications will consist of two 
short (3-4 pages) resource documents that provide a general overview of 
a particular topic and one longer (8-10 pages) resource document that 
provides detailed research or analysis on a particular topic.
    3. Distance-Learning Events. Applicants must plan to convene up to 
three distance-learning events each year on topics related to the 
absolute priority in this notice. The events must be at least one hour 
in duration and must be aired and archived on the Clearinghouse's Web 
site. All proposed topics, materials, and presenters must be reviewed 
and approved by the Department.
    4. Training. Applicants must plan to develop and conduct at least 
two training programs per year for public nursery, pre-kindergarten, 
and kindergarten-through-grade-12 schools; local educational agencies 
(LEAs); or public higher education facilities. Training topics must 
include information on the planning, design, financing, construction, 
improvement, operation, or maintenance of public educational 
facilities. Specific training topics could include training on the 
vulnerability assessment process, including on selecting a 
vulnerability assessment tool, evaluating educational

[[Page 34442]]

facility risks and hazards, setting priorities and reporting on 
identified vulnerabilities, developing written plans to address 
hazards, and identifying best practices in constructing and maintaining 
environmentally sound educational facilities using green building 
practices. Training will be conducted upon request or based on input 
from the Department or from public nursery, pre-kindergarten, and 
kindergarten-through-grade-12 schools; LEAs; or public higher education 
facilities using appropriate Clearinghouse staff or subcontractors. All 
training topics, materials, and requests for training must be approved 
in advance by the Department. Applicants must include funds in their 
budget request for travel, lodging, and per diem costs to administer 
the training programs at the host site.
    5. Technical Assistance. The project funded under this competition 
must provide technical assistance to public nursery, pre-kindergarten, 
and kindergarten-through-grade-12 schools; LEAs; or public higher 
education facilities regarding issues related to the planning, design, 
financing, construction, improvement, operation, and maintenance of 
public educational facilities. The technical assistance may be provided 
in the form of electronic or telephone assistance when requested from 
these parties or by the Department.
    Applicants must plan to provide specialized, on-site technical 
assistance to up to six public nursery, pre-kindergarten, and 
kindergarten-through-grade-12 schools; LEAs; or public higher education 
facilities. The technical assistance must consist of consultation 
regarding the planning, design, financing, construction, improvement, 
operation, or maintenance of public educational facilities. Specific 
technical assistance topics might include information related to 
assessing facilities and conducting vulnerability assessments; 
developing written plans to address identified hazards; and other safe 
school facility-related topics. On-site technical assistance visits 
will be conducted upon request or based on input from the Department or 
by public nursery, pre-kindergarten, and kindergarten-through-grade-12 
schools; LEAs; or public higher education facilities using appropriate 
Clearinghouse staff or subcontractors. The Department must be informed 
in advance of all technical assistance visits. The Clearinghouse must 
include in its budget funding for travel, lodging, and per diem costs 
of its staff or subcontractors to conduct the on-site technical 
assistance visits.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553) the Department generally offers interested parties 
the opportunity to comment on proposed priorities and other 
requirements. Section 437(d)(1) of GEPA, however, allows the Secretary 
to exempt from rulemaking requirements, regulations governing the first 
grant competition under a new or substantially revised program 
authority. This is the first competition for an educational facilities 
clearinghouse under section 5411 of the Elementary and Secondary 
Education Act of 1965, as amended and, therefore, qualifies for this 
exemption. In order to ensure timely grant awards, the Secretary has 
decided to forgo public comment on the absolute priority and 
requirements under section 437(d)(1) of GEPA. This absolute priority 
and requirements will apply to the FY 2010 grant competition and any 
subsequent year in which we make awards from the list of unfunded 
applicants from this competition.
    Program Authority: 20 U.S.C. 7243-7243b, the Consolidated 
Appropriations Act of 2010, Public Law 111-117.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 86, 97, 98, and 99.

    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: Cooperative agreement.
    Estimated Available Funds: $1,000,000.
    Estimated Number of Awards: 1.

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

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: State or local educational agencies, 
institutions of higher education (IHEs), or other public or private 
agencies, organizations, or institutions.
    For the purposes of this competition, the term ``institution of 
higher education'' is defined in section 101(a) of the Higher Education 
Act of 1965, as amended by the Higher Education Opportunity Act of 
2008, Public Law 110-315 as: An educational institution of higher 
education in any State that--
    (1) Admits as regular students only persons having a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such a certificate or persons who meet the 
requirements of section 484(d)(3) of the Higher Education Act of 1965, 
as amended;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) Provides an educational program for which the institution 
awards a bachelor's degree or provides not less than a two-year program 
that is acceptable for full credit toward such a degree or awards a 
degree that is acceptable for admission to a graduate or professional 
degree program, subject to review and approval by the Secretary;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or 
association or, if not so accredited, is an institution that has been 
granted preaccreditation status by such an agency or association that 
has been recognized by the Secretary for the granting of 
preaccreditation status, and the Secretary has determined that there is 
satisfactory assurance that the institution will meet the accreditation 
standards of such an agency or association within a reasonable time.
    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.

IV. Application and Submission Information

    1. Address to Request Application Package: Sara Strizzi, U.S. 
Department of Education, 550 12th Street, SW., 10th Floor, Washington, 
DC 20202-6450. Telephone: (303) 346-0924 or by e-mail: 
[email protected]. You can also obtain an application package via the 
Internet. To obtain a copy via the Internet, use the following address: 
http://www2.ed.gov/fund/grant/apply/grantapps/index.html.
    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 a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the program contact person listed 
in this section.
    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: June 17, 2010.

[[Page 34443]]

    Deadline for Transmittal of Applications: July 30, 2010.
    Applications for grants under this program must be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site. For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 7. 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: July 19, 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. Data Universal Numbering System Number, Taxpayer Identification 
Number, and Central Contractor Registry: To do business with the 
Department of Education, (1) you must have a Data Universal Numbering 
System (DUNS) number and a Taxpayer Identification Number (TIN); (2) 
you must register both of those numbers with the Central Contractor 
Registry (CCR), the Government's primary registrant database; and (3) 
you must provide those same numbers on your application.
    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number 
can be created within one business day.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow 2-5 weeks for your TIN to become active.
    The CCR registration process may take five or more business days to 
complete. If you are currently registered with the CCR, you may not 
need to make any changes. However, please make certain that the TIN 
associated with your DUNS number is correct. Also note that you will 
need to update your CCR registration on an annual basis. This may take 
three or more business days to complete.
    7. Other Submission Requirements: Applications for grants under 
this program must be submitted electronically unless you qualify for an 
exception to this requirement in accordance with the instructions in 
this section.
    a. Electronic Submission of Applications.
    Applications for a grant under the Educational Facilities 
Clearinghouse program--CFDA Number 84.215T must be submitted 
electronically using e-Application, accessible through the Department's 
e-Grants Web site at: http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    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:
     You must complete the electronic submission of your grant 
application by 4:30 p.m., Washington, DC time, on the application 
deadline date. The e-Application system will not accept an application 
for this program after 4:30 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 qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and 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 Office of Safe and 
Drug-Free Schools 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 Office of Safe and Drug-Free 
Schools at (202) 485-0041 or (202) 245-7166.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you to transmit your

[[Page 34444]]

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 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.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through e-Application because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
e-Application;
    and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Sara Strizzi, U.S. 
Department of Education, 550 12th Street, SW., 10th Floor, Washington, 
DC 20202-6450. Fax: (202) 485-0041.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. 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 84.215T), 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 qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You 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 84.215T), 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 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 Measure: We have identified the following Government 
Performance and Results Act of 1993 (GPRA) performance measure for 
assessing the effectiveness of the Clearinghouse: The percentage of

[[Page 34445]]

recipients of Clearinghouse on-site training or technical assistance 
that implement one or more changes in improving their education 
facility based upon Clearinghouse recommendations within six months of 
the training or technical assistance.
    If needed, upon award of the grant, the Secretary will work with 
the grantee to refine or augment this measure.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Sara Strizzi, U.S. Department of 
Education, 550 12th Street, SW., 10th Floor, Washington, DC 20202-6450. 
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 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: June 10, 2010.
Kevin Jennings,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 2010-14681 Filed 6-16-10; 8:45 am]
BILLING CODE 4000-01-P