[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78250-78252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32249]


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DEPARTMENT OF EDUCATION


Final Priority; Safe and Healthy Students Discretionary Grant 
Programs

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

ACTION: Notice.

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Overview Information

    Final Priority; Safe and Healthy Students Discretionary Grant 
Programs.
    Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.184A, 
84.215M, 84.184J, 84.184L, 84.215H, 84.215E.
SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
announces a competitive preference priority for the following 
discretionary grant programs (Safe and Healthy Students (SHS) 
Discretionary Grant Programs) administered by the Office of Elementary 
and Secondary Education's Office of Safe and Healthy Students (OSHS):

    Grants to Reduce Alcohol Abuse (CFDA No. 84.184A).
    Grants for the Integration of Schools and Mental Health Systems 
(CFDA No. 84.215M).
    Safe Schools/Healthy Students (CFDA Nos. 84.184J, 84.184L).
    Foundations for Learning (CFDA No. 84.215H).
    Elementary and Secondary School Counseling (CFDA No. 84.215E).

    The Department may use this competitive preference priority for 
competitions under the SHS Discretionary Grant Programs in fiscal year 
(FY) 2012 and subsequent years, contingent upon funding for these 
programs. The Department takes this action to align the SHS 
Discretionary Grant Programs with identified needs of American Indian 
and Alaska Native (AI/AN) youths who are members of federally 
recognized tribes. The Department intends this competitive preference 
priority to enhance the ability of applicants serving tribal 
communities to address the substance abuse and mental health crises 
that affect AI/AN students.

DATES: Effective Date: This priority is effective January 17, 2012.

FOR FURTHER INFORMATION CONTACT: Donald Yu, U.S. Department of 
Education, 400 Maryland Avenue SW., room 6E308, Washington, DC 20202-
6450. Telephone (202) 205-4499 or by email: [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 Programs: The Grants to Reduce Alcohol Abuse program 
(CFDA No. 84.184A) assists local educational agencies (LEAs) in the 
development and implementation of innovative and effective alcohol 
abuse prevention programs for secondary school students.
    The Grants for the Integration of Schools and Mental Health Systems 
program (CFDA No. 84.215M) provides

[[Page 78251]]

grants to State educational agencies (SEAs), LEAs, and Indian tribes 
for the purpose of increasing student access to quality mental health 
care by developing innovative programs that link school systems with 
local mental health systems.
    The Safe Schools/Healthy Students program (CFDA Nos. 84.184J, 
84.184L) provides grants to support LEAs in the development of 
communitywide approaches to creating safe and drug-free schools and 
promoting healthy childhood development. These approaches are intended 
to prevent violence and the illegal use of drugs and to promote safety 
and discipline.
    The Foundations for Learning program (CFDA No. 84.215H) provides 
assistance to help eligible children become ready for school.
    The Elementary and Secondary School Counseling program (CFDA No. 
84.215E) provides funding to LEAs to establish or expand elementary 
school counseling programs and, if the appropriation exceeds $40 
million in any fiscal year, the program may be expanded to secondary 
schools.

    Program Authority:  20 U.S.C. 1221e-3; 20 U.S.C. 7139; 20 U.S.C. 
7269; 20 U.S.C. 7131; 20 U.S.C. 7269a; 20 U.S.C. 7245.
    Applicable Program Regulations: 34 CFR part 299.
    We published a notice of proposed priority for these programs in 
the Federal Register on March 15, 2011 (76 FR 14001). That notice 
contained background information and our reasons for proposing the 
particular priority. The notice of proposed priority also referred to 
the Department's Office of Safe and Drug-Free Schools. That office has 
been renamed the Office of Safe and Healthy Students and is now a 
component within the Department's Office of Elementary and Secondary 
Education.
    There are no differences between the proposed priority and this 
final priority.
    Public Comment: In response to our invitation in the notice of 
proposed priority, two parties submitted comments on the proposed 
priority.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raised concerns not 
directly related to the proposed priority.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the notice of 
proposed priority follows.
    Comment: Two commenters agreed with the reasons we provided for 
proposing the priority. Specifically, the commenters stated that there 
are many cases of emotional and behavioral problems, substance abuse, 
and violence in their schools and that this priority would help address 
these problems.
    Discussion: We appreciate the commenters' support. We believe the 
competitive preference priority will encourage eligible applicants 
serving tribal communities to address the substance abuse and mental 
health crises that affect AI/AN students.
    Changes: None.
    Comment: One commenter recommended that the Department award 
priority points to applications from small rural schools in order to 
level the playing field in meeting the needs of AI/AN students.
    Discussion: We appreciate the commenter's recommendation; however, 
we have a priority for improving achievement and high school graduation 
rates of rural and high-needs students that is part of the Secretary's 
Supplemental Priorities published in the Federal Register on December 
15, 2010 (75 FR 78486) and corrected on May 12, 2011 (76 FR 27637). We 
may use that priority in our competitions in order to address the needs 
of students attending rural schools. The purpose of the final priority 
contained in this notice is to meet the unique needs of AI/AN students 
residing on Indian lands.
    Changes: None.

Final Priority

    Projects that are proposed by any eligible entity serving students 
residing on ``Indian lands'' as that term is defined by section 8013 of 
the Elementary and Secondary Education Act of 1965, as amended (20 
U.S.C. 7713(7)). The eligible entity must be the only applicant or the 
lead applicant in a consortium of eligible entities.

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 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)).
    This notice does not preclude us from proposing or using 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 this priority, we will invite applications 
through a notice in the Federal Register.

    Executive Order 12866: This notice 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 final 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 the SHS Discretionary Grant 
Programs 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 priority justify the costs.
    We have also determined 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 priority.
    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 compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal

[[Page 78252]]

Register. Free Internet access to the official edition of the Federal 
Register and the Code of Federal Regulations is available via the 
Federal Digital System at: www.gpo.gov/fdsys. At this site 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). To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: December 13, 2011.
Michael Yudin,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2011-32249 Filed 12-15-11; 8:45 am]
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