[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Pages 52136-52139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20394]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Project To Support America's 
Families and Educators (Project SAFE) Grant Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 and FY 2022 for Project 
SAFE under the School Safety National Activities authority of the 
Elementary and Secondary Education Act (ESEA), Assistance Listing 
Number 84.184N. The Project SAFE grant program is intended to improve 
students' safety and well-being by providing resources to local 
educational agencies (LEAs) that adopt and implement strategies to 
prevent the spread of the Novel Coronavirus Disease 2019 (COVID-19) 
consistent with guidance from the Centers for Disease Control and 
Prevention (CDC) and that are financially penalized for doing so by 
their State educational agency (SEA) or other State entity.

DATES: 
    Applications Available: September 20, 2021.
    Deadline for Transmittal of Applications: Applications will be 
reviewed and approved on a rolling, expedited basis contingent on the 
availability of funding.

ADDRESSES: To submit an application, please email the completed and 
signed application, along with required attachments, to 
[email protected]. The application template may be found at the 
following link: https://oese.ed.gov/offices/office-of-formula-grants/safe-supportive-schools/the-project-to-support-americas-families-and-educators-project-safe/.

FOR FURTHER INFORMATION CONTACT: Amy Banks, Office of Elementary and 
Secondary Education, U.S. Department of Education, 400 Maryland Avenue 
SW, Room 3E257, Washington, DC 20202-6244. Phone: 202-453-6704. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Project SAFE grant program provides grants 
to eligible LEAs to improve student safety and well-being by advancing 
strategies consistent with CDC guidance to reduce transmission of 
COVID-19 in schools.
    Background: Since March 2020, the Nation's students have 
experienced massive interruptions to in-person instruction as a result 
of the COVID-19 pandemic. The pandemic has negatively impacted many 
students' social, emotional, and mental well-being and academic 
achievement, and exacerbated pre-existing racial, socioeconomic, and 
other educational inequities.\1\ The Administration is committed to 
taking all necessary steps to support LEAs in providing every student 
the opportunity to safely learn in-person full-time during the 2021-
2022 school year.
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    \1\ See: https://www.cdc.gov/mmwr/volumes/70/wr/mm7011a1.htm and 
https://www2.ed.gov/about/offices/list/ocr/docs/20210608-impacts-of-covid19.pdf.
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    CDC guidance makes clear that K-12 schools can safely operate in-
person by implementing layered prevention strategies (using multiple 
strategies together consistently).\2\ Studies show that schools that 
consistently implemented layered prevention strategies had levels of 
transmission lower than or similar to the rates in the communities in 
which they are located.\3\ Science-based strategies recommended by the 
CDC for preventing the spread of COVID-19 include promoting vaccination 
for staff and eligible students, universal and correct indoor masking, 
implementing screening testing, using contact tracing in combination 
with isolation and quarantine, improving ventilation, and maintaining 
physical distance to the maximum extent possible.
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    \2\ See: https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/transmission_k_12_schools.html.
    \3\ Ibid.
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    To support LEAs in adopting and implementing strategies to sustain 
safe in-person instruction, the American Rescue Plan Act of 2021 (ARP 
Act) requires each LEA that receives Elementary and Secondary School 
Emergency Relief (ARP ESSER) funds to adopt a plan for the safe return 
to in-person instruction and continuity of services.\4\ Under the 
Department's interim final requirements for the ARP ESSER funds, the 
LEA must describe in its plan how it will maintain the health and 
safety of students, educators, and other staff and the extent to which 
it has adopted policies on CDC safety recommendations.\5\
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    \4\ Section 2001(i) of the ARP Act.
    \5\ See: 86 FR 21195 (April 22, 2021), available at https://www.federalregister.gov/documents/2021/04/22/2021-08359/american-rescue-plan-act-elementary-and-secondary-school-emergency-relief-fund.
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    In addition, the ARP Act is clear that it is within the LEA's 
discretion \6\ to use

[[Page 52137]]

ARP ESSER funds (as well as ESSER funds granted through prior Federal 
pandemic relief funding) to implement policies in line with guidance 
from the CDC that support the reopening and operation of school 
facilities to effectively maintain health and safety.\7\ As noted, 
multiple studies have shown that transmission rates within school 
settings, when multiple prevention strategies are in place, are 
typically lower than or similar to community transmission levels.\8\ 
The Administration fully supports and encourages all school districts 
to adopt CDC-recommended prevention strategies in order to prevent 
transmission of COVID-19 in schools.
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    \6\ Section 18003(d) of the Coronavirus Aid, Relief, and 
Economic Security (CARES) Act, Public Law 116-136 (March 27, 2020), 
and section 313(d) of the Coronavirus Response and Relief 
Supplemental Appropriations (CRRSA) Act, 2021, Public Law 116-260 
(December 27, 2020), and section 2001(e)(2) of the ARP Act permit an 
LEA to use ESSER funds for a broad range of allowable activities. 
Each section authorizes an LEA to use ESSER funds ``for any of the 
following'' activities. Accordingly, neither an SEA nor a State 
legislature has the authority to limit an LEA's use of ESSER formula 
funds. See Question A-6 in the Department's FAQ guidance: https://oese.ed.gov/files/2021/05/ESSER.GEER_.FAQs_5.26.21_745AM_FINALb0cd6833f6f46e03ba2d97d30aff953260028045f9ef3b18ea602db4b32b1d99.pdf.
    \7\ Section 2001(e)(2)(Q) of the ARP Act.
    \8\ See: https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/transmission_k_12_schools.html.
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    However, some States have taken steps that restrict an LEA's 
implementation of local health and safety policies aligned with CDC 
guidance, including the withholding of critical resources needed to 
support their implementation. For example, some States have prohibited 
or otherwise blocked LEAs from adopting universal masking strategies. 
The Department has issued letters of concern to these States \9\ 
because trying to prevent school districts from adopting these policies 
puts the health and safety of students and school staff at greater risk 
and threatens the ability of school districts to safely sustain in-
person instruction. Additionally, for example, some States have gone so 
far as to withhold resources from or impose financial penalties on LEAs 
that are following CDC guidance.
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    \9\ The letters are available to the public at https://oese.ed.gov/offices/american-rescue-plan/american-rescue-plan-elementary-and-secondary-school-emergency-relief.
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    On August 18, 2021, President Biden issued the ``Memorandum on 
Ensuring a Safe Return to In-Person School for the Nation's Children.'' 
The Presidential Memorandum directs the Department ``to assess all 
available tools in taking action, as appropriate and consistent with 
applicable law, to ensure that:
    (i) Governors and other officials are taking all appropriate steps 
to prepare for a safe return to school for our Nation's children, 
including not standing in the way of local leaders making such 
preparations; and
    (ii) Governors and other officials are giving students the 
opportunity to participate and remain in safe full-time, in-person 
learning without compromising their health or the health of their 
families or communities.''
    The Presidential Memorandum further notes that: ``some State 
officials have even threatened to impose personal financial 
consequences on school officials who are working tirelessly to put 
student health and safety first and to comply with their legal 
obligations to their communities to further the essential goal of a 
safe, in-person education for all students. Our priority must be the 
safety of students, families, educators, and staff in our school 
communities. Nothing should interfere with this goal.'' \10\
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    \10\ See: https://www.federalregister.gov/documents/2021/08/23/2021-18223/ensuring-a-safe-return-to-in-person-school-for-the-nations-children.
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    Consequently, in cases where LEAs incur financial penalties related 
to the implementation of science-based strategies recommended by the 
CDC to prevent the spread of COVID-19 in schools and support sustained, 
full-time in-person learning, it is appropriate for the Department to 
provide grant assistance to help offset the impact of such financial 
penalties and support activities to improve student safety and well-
being by advancing strategies consistent with CDC guidance to reduce 
transmission of COVID-19 in schools.
    Priority: This notice contains one absolute priority. We are 
establishing this priority for the FY 2021 and FY 2022 Project SAFE 
grant program in accordance with section 437(d) of the General 
Education Provisions Act (GEPA), 20 U.S.C. 1232(d).
    Absolute Priority: For FY 2021 and FY 2022, this priority is an 
absolute priority. Under 34 CFR 75.105(c)(3), we will consider only 
applications that meet the absolute priority.
    This priority is:
    Supporting LEAs' and local education leaders' efforts to improve 
student safety and well-being in LEAs that have been financially 
penalized by their SEA or other State entity for adopting and 
implementing strategies consistent with CDC guidance to prevent the 
spread of COVID-19.
    Under this absolute priority, the Department awards funds to 
support activities to improve student safety and well-being by 
advancing strategies consistent with CDC guidance to reduce 
transmission of COVID-19 in schools by addressing the harmful impact of 
disruptive State penalties imposed on the LEA for implementing 
strategies consistent with CDC guidance. These activities could 
include, for example, activities to facilitate the continued 
implementation of strategies aligned with CDC guidance, despite the 
State-imposed penalty, and/or to maintain LEA and school stability, 
such as by enabling the LEA to maintain activities and/or staffing 
levels or compensation that would otherwise be negatively impacted or 
reduced due to financial penalties levied on the LEA for implementing 
strategies aligned with CDC guidance, including but not limited to a 
reduction in salaries for the superintendent or school board members.
    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 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 grant competition for this program under title IV, 
part F, subpart 3 of the Elementary and Secondary Education Act (ESEA) 
(20 U.S.C. 7281) and therefore qualifies for this exemption. Section 
437(d)(2) of GEPA allows the Secretary to exempt from rulemaking 
requirements regulations for which he determines that the requirements 
of this subsection will cause extreme hardship to the intended 
beneficiaries of the program affected by such regulations. The 
Secretary determined notice and comment rulemaking would cause extreme 
hardship by dangerously delaying critical health and safety measures 
for students, educators, and staff. Therefore this competition 
qualifies for this exemption as well. In order to ensure timely grant 
awards, the Secretary has decided to forgo public comment on the 
priorities and requirements under section 437(d) of GEPA. These 
priorities and requirements will apply to this FY 2021/2022 grant 
competition and any subsequent year in which we make awards under this 
competition.
    Program Authority: Section 4631(a)(1)(B) of the ESEA (20 U.S.C. 
7281(a)(1)(B)).

    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in 
Federal civil rights laws.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR

[[Page 52138]]

parts 75, 77, 79, 81, 82, 84, 97, 98, and 99. (b) The Office of 
Management and Budget Guidelines to Agencies on Governmentwide 
Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted 
and amended as regulations of the Department in 2 CFR part 3485. (c) 
The Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards in 2 CFR part 200, as adopted and 
amended as regulations of the Department in 2 CFR part 3474.

    Note: The open licensing requirement in 2 CFR 3474.20 does not 
apply to this program.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $3,200,000.
    Estimated Range of Awards: $50,000 to $350,000.
    Estimated Average Size of Awards: $250,000.
    Maximum Award: The total amount of Project SAFE funds an LEA 
requests must not exceed the amount of the financial penalty for 
adopting and implementing CDC guidance that the LEA incurred or will 
incur during the project period. The Department may fund awards in 
whole, or in part, consistent with this notice, and may establish a 
maximum grant award level through a notice in the Federal Register in 
order to serve as many eligible applicants as possible.
    Estimated Number of Awards: 13.

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

    Project Period: Up to 12 months. The Department may structure an 
LEA's award based on the timing of any anticipated future financial 
penalty.

III. Eligibility Information

    1. Eligible Applicants: An LEA that--
    a. Has adopted a policy to implement and is implementing one or 
more of the strategies recommended in the CDC's Guidance for COVID-19 
Prevention in K-12 Schools, as may be updated.\11\ The most recent 
guidance incorporates the following strategies:
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    \11\ See: https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-guidance.html.
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    (i) Promoting vaccination;
    (ii) Consistent and correct mask use;
    (iii) Physical distancing;
    (iv) Screening testing to promptly identify cases, clusters, and 
outbreaks;
    (v) Ventilation;
    (vi) Handwashing and respiratory etiquette;
    (vii) Staying home when sick and getting tested;
    (viii) Contact tracing, in combination with isolation and 
quarantine; and
    (ix) Cleaning and disinfection.
    b. Has incurred or will incur a financial penalty imposed by its 
SEA or other State entity, such as a reduction in funding, including 
but not limited to reduction in salaries for school board members or 
superintendents, due to implementation of one or more strategies 
described in paragraph (a); and
    c. To protect the safety and well-being of students, has continued 
at the time of application to implement such strategy or strategies for 
which the penalty was imposed and commits to maintain such strategy or 
strategies to the extent consistent with CDC guidance for the 2021-2022 
school year.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out activities described in its 
application.

IV. Application and Submission Information

    1. Application: Applicants are required to certify in their 
application that they meet the eligibility requirements. In addition to 
this certification, applicants must include with their application an 
electronic copy of--
    a. The enacted LEA policy that demonstrates that the LEA has 
adopted one or more strategies as recommended in the CDC's Guidance for 
COVID-19 Prevention in K-12 Schools available at https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-guidance.html, 
as listed in the eligibility requirements;
    b. The SEA or other State entity notification of a financial 
penalty levied due to the LEA's adoption of such strategy or 
strategies, which includes the amount and duration of such penalty (to 
the extent available); and
    c. An assurance from the LEA superintendent or authorized 
representative that the LEA leadership will continue implementing the 
prevention strategy or strategies to the extent consistent with CDC 
guidance for the duration of the 2021-2022 school year.
    The application must also describe the amount of the financial 
penalty specified in the notification from the SEA or other State 
entity that has already been levied at the time of the application and 
the anticipated amount of any future financial penalty that will be 
levied during the 12-month period beginning on the date of application.
    2. Budget: Applicants are required to include a budget that 
includes the total amount requested and the proposed use of grant funds 
consistent with the absolute priority. The total amount requested must 
not exceed the amount of the financial penalty the LEA already incurred 
at the time of application and will incur within the 12-month period 
following the date of application.
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. However, 
under 34 CFR 79.8(a), we waive intergovernmental review in order to 
make awards on an expedited basis.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.

V. Application Review Information

    1. Review: Program staff will screen all applications to eliminate 
any applications that do not meet the eligibility requirements or are 
incomplete and review applicant budgets to ensure they meet the 
absolute priority and that costs are allowable. Applications will be 
accepted on a rolling basis and approved as they are reviewed and 
determined by program staff to meet all requirements. If it becomes 
necessary to prioritize applications due to limited availability of 
funds, the Department may consider additional factors including whether 
an LEA has Federal pandemic recovery funds available to meet the 
purposes of the grant.
    2. Selection Process: We remind potential applicants that in 
reviewing applications in any discretionary grant competition, the 
Secretary may consider, under 34 CFR 75.217(d)(3), the past performance 
of the applicant in carrying out a previous award, such as the 
applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs

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or activities receiving Federal financial assistance from the 
Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with:
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Termination of Award: An LEA that receives a Project SAFE grant 
must notify the Department if its financial penalty is terminated, 
whether by the SEA, another State entity, or a judicial proceeding. The 
Department may discontinue an award and terminate the grant (i.e., 
prevent future grantee draw downs) if the LEA is no longer subject to a 
financial penalty required for eligibility.
    2. 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); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    3. 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.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. For specific requirements on reporting, please go to 
www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measure: For purposes of the Government Performance 
and Results Act of 1993 and for Department reporting under 34 CFR 
75.110, the Department has established the following performance 
measure for this program: The percentage of LEAs receiving Project SAFE 
grants that report that they are continuing to protect students' safety 
and well-being by implementing specific COVID-19 prevention strategies 
aligned with the most recent CDC guidance. The Department's target for 
grantees meeting this measure is 100 percent.

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requester with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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 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.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs, Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2021-20394 Filed 9-17-21; 8:45 am]
BILLING CODE 4000-01-P