[Federal Register: May 28, 2004 (Volume 69, Number 104)]
[Notices]
[Page 30755-30760]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my04-140]
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Part III
Department of Education
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Office of Safe and Drug-Free Schools; Overview Information; Safe
Schools/Healthy Students; Notice Inviting Applications for New Awards
for Fiscal Year (FY) 2004; Notices
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DEPARTMENT OF EDUCATION
RIN 1865-ZA02
Safe Schools/Healthy Students
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of final priority, selection criteria, requirements, and
definitions.
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SUMMARY: We announce a priority, selection criteria, requirements, and
definitions under the Safe Schools/Healthy Students program. We may use
this priority, selection criteria, requirements, and definitions for
competitions in fiscal year (FY) 2004 and later years. We take this
action to focus Federal financial assistance on safe, disciplined, and
drug-free learning environments and healthy childhood development. We
intend the priority to support the implementation and enhancement of
integrated, comprehensive, community-wide plans designed to create safe
and drug-free schools and promote healthy childhood development.
DATES: Effective Date: This priority, selection criteria, requirements,
and definitions are effective June 28, 2004.
FOR FURTHER INFORMATION CONTACT: Karen Dorsey, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3E347, Washington, DC 20202-
6450. Telephone (202) 708-4674 or via Internet: Karen.Dorsey@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The Safe Schools/Healthy Students program
(SS/HS) provides Federal financial assistance to school districts and
communities to promote ongoing partnerships as a way to enhance and
expand their existing activities relating to youth violence prevention
and healthy child development. The establishment in this notice of a
priority, selection criteria, requirements, and definitions is designed
to provide prospective applicants with increased knowledge of and
insight into the critical features of SS/HS and the qualities of
successful SS/HS grantees and to define key terms specific to SS/HS.
The critical feature of SS/HS is the linking and integration of
existing and new services and activities into a comprehensive approach
to violence prevention and healthy child development. Key to this
critical feature is recognizing that a comprehensive approach reflects
an overall vision for the community, not the isolated objectives of a
single activity, such as the reliance on security devices alone. Thus,
the primary objective of an applicant's SS/HS proposal should be to
present a thoughtful, well-coordinated plan that will unify and enhance
existing programs and services to develop a systematic approach for
implementing and sustaining those activities, curricula, programs, and
services that prove to be effective.
Additionally, the SS/HS initiative draws on the best practices of
education, justice, social service, and mental health systems to
promote enhanced resources for prevention programs and prosocial
services for youth. SS/HS grants provide a unique opportunity for local
educational agencies (LEAs), in partnership with justice, social
services, and mental health systems in their communities, to develop a
continuum of activities and services that responds to gaps and
weaknesses identified by needs assessments conducted in those
communities. These distinctive features of SS/HS make appropriate the
adoption of program-specific selection criteria, which are also
included in this notice.
Finally, to respond to previous applicants' misunderstanding
regarding eligibility, the maximum level of funding that can be
requested, and requirements for key partners, we announce requirements
that all applications must meet in order to be forwarded to peer
review. To further support a prospective applicant's understanding of
the requirements, this notice also defines seven important terms
associated with SS/HS that are not defined in the program statute.
We published a notice of proposed priority, selection criteria,
requirements, and definitions for this program in the Federal Register
on Thursday, March 18, 2004 (69 FR 12841).
There are no differences between the notice of proposed priority,
selection criteria, requirements, and definitions and this notice of
final priority, selection criteria, requirements, and definitions.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority,
selection criteria, requirements, and definitions, three parties
submitted comments on the proposed application and eligibility
requirements. An analysis of the comments follows. None of the comments
resulted in changes in the proposed application or eligibility
requirements.
Generally, we do not address technical and other minor changes and
suggested changes we are not authorized to make under the applicable
statutory authority.
Comment: One commenter recommended including local substance abuse
prevention agencies either as a required SS/HS partner or by replacing
the term ``local public mental health authority'' with the term ``local
behavioral health authority(ies).'' In addition, the commenter
recommended that definitions for the SS/HS initiative be changed
accordingly.
Discussion: In some States and localities, local substance abuse
prevention agencies are separate from mental health agencies. In other
States and localities, the mental health and substance abuse
authorities at the State and local level are combined. Because of the
variation in these structures, we would have no way of knowing which
applicants are in localities in which separate local agencies for
public mental health and substance prevention exist and which would
require an additional SS/HS partner if we adopted the change requested
by the commenter. As a result, if we accepted the proposed change we
would be unable to make an accurate determination regarding an
applicant's eligibility.
In developing their SS/HS grant proposals, applicants are strongly
encouraged to partner with a range of community organizations and
entities that would enhance and support their comprehensive plan for
violence prevention and healthy child promotion. Those LEAs situated in
localities with a separate local substance abuse prevention agency
could include this type of agency as a SS/HS partner.
Change: None.
Comment: Another commenter recommended that each LEA represented in
a rural consortium be eligible for the maximum $1 million yearly award
available to individual rural LEA applicants.
Discussion: LEAs are eligible to apply for SS/HS grants either
individually or as a member of a consortium. A rural LEA and its
partners should consider the project scope they have developed and the
budget that the project scope will require in deciding whether to apply
individually or as a member of a consortium. Nothing prevents
individual LEAs from working cooperatively once they receive SS/HS
awards.
Change: None.
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Comment: A third commenter recommended that, because the proposed
requirements limit eligibility to LEAs that have not received previous
SS/HS grants or services, States with a single LEA be allowed to submit
applications from individual schools.
Discussion: This commenter's concern could be addressed either by
allowing applications from individual schools or by removing the
restriction on an LEA receiving more than one SS/HS award. However,
conference report language that supported the initial creation of the
SS/HS initiative required that grants under the initiative be made to
LEAs and, based on our experience in administering the initiative over
the past several years, we believe that it is appropriate to continue
to require that responsibility for administration of complex projects
rest with an LEA, not an individual school.
While we understand that the variation in State governance
structures for education may result in limiting the number of entities
in a State that are eligible to apply for funding under this program,
we believe that permitting individual schools or other educational
entities that are not LEAs to apply for an SS/HS grant would be
inconsistent with the initiative's intent to support comprehensive,
community-wide change.
We have excluded recipients of SS/HS grants from receiving another
grant under the program in order to provide as many LEAs as possible
the opportunity to implement and enhance comprehensive community-wide
strategies for creating safe and drug-free schools. The SS/HS
initiative is designed to provide LEAs with a unique opportunity to
design and implement partnerships with law enforcement, juvenile
justice, and mental health partners that are designed to reshape the
manner in which substance abuse and violence prevention services, as
well as mental health services, are delivered to students.
Change: None.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, selection criteria,
requirements, and definitions, we invite applications through a
notice in the Federal Register. When inviting applications we
designate the priority as absolute, competitive preference or
invitational. 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 either (1)
awarding additional points, depending on how well or the extent to
which the applications meets the competitive priority (34 CFR
75.104(c)(2)(i)); or (2) selecting an application that meets the
competitive priority over an application of comparable merit that does
not meet the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give a competitive or absolute preference
over other applications (34 CFR 75.105(c)(1)).
Priority: This priority supports the projects of LEAs proposing to
implement an integrated, comprehensive community-wide plan designed to
create safe and drug-free schools and promote prosocial skills and
healthy childhood development in youth. Plans must focus activities,
curricula, programs, and services in a manner that responds to all of
the following six elements--
Element One--Safe school environment--Note: No more than
10 percent of the total budget for each year may be used to support
costs associated with (1) security equipment and personnel, and (2)
minor remodeling of school facilities to improve school safety;
Element Two--Alcohol and other drugs and violence
prevention and early intervention programs;
Element Three--School and community mental health
preventive and treatment intervention services;
Element Four--Early childhood psychosocial and emotional
development programs;
Element Five--Supporting and connecting schools and
communities; and
Element Six--Safe school policies.
Selection Criteria: The selection criteria for this program are:
1. Community Assessment
(a) The extent to which specific gaps or weaknesses in services,
infrastructure, opportunities, and/or resources have been identified
and will be addressed by the proposed project and the nature and
magnitude of those gaps and weaknesses are based on quantitative and
qualitative data for the district, students, families and the
community. An example of the kinds of problems that might be identified
and addressed would be a high number of truant students, in relation to
comparable jurisdictions, and a lack of truancy officers and programs.
(b) The extent to which existing services, infrastructure,
opportunities and resources are described and integrated with the
proposed project. An example citing existing services would be the
number of after school programs available to students that would be
improved by adding supplemental services and staff through the proposed
project.
(c) The extent to which the applicant will serve the entire school
district or the extent to which sufficient rationale is provided for
selecting particular schools and/or areas and why a district-wide
approach is not feasible or appropriate.
(d) The extent to which the target population is clearly identified
and defined in terms of the number of students/families/staff to be
served.
2. Goals, Objectives and Performance Indicators
(a) The extent to which the goals, objectives, and performance
indicators for the project are related to data provided in the
``Community Assessment'' section.
(b) The extent to which the applicant includes at least one
measurable and attainable performance indicator for each of the six
elements in the priority and at least one performance indicator for the
SS/HS partnership, for a total of at least seven performance
indicators.
(c) The extent to which the goals, objectives, and performance
indicators are reflected in proposed programs, curricula, and other
activities.
(d) The extent to which the applicant includes baseline data and a
source of data for the periodic measuring of progress of project-
specific performance indicators and for required Government Performance
and Results Act (GPRA) performance indicators.
3. Project Design
(a) The extent to which the project design builds upon community
assessment data, and/or identified gaps or weaknesses in existing
services, infrastructure, opportunities, and resources.
(b) The extent to which the applicant can demonstrate that
programs, training, curriculum, and other activities selected for the
project reflect current research and use evidence-based and effective
practices and that they are responsive to the targeted population to be
served, including meeting cultural and linguistic needs.
(c) The extent to which the proposed short- and long-term
strategies will promote healthy child development and school
environments that are safe, disciplined, and drug-free.
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(d) The extent to which the proposed short- and long-term
strategies allow for systematic development of infrastructure that
builds organizational, community, and individual capacity to sustain
outcomes beyond the life of the grant.
(e) The extent to which the project design addresses the six
elements of the priority, integrating existing and new services into a
comprehensive approach to violence prevention and healthy childhood
development.
4. Partnership and Community Readiness
(a) The extent to which the applicant has demonstrated the
existence of an active school-community partnership prior to planning
and submitting its SS/HS application. An example of how to demonstrate
the existing partnership would be to include a description of the
history of the partnership, including the circumstances around its
creation and accomplishments to date.
(b) The extent to which the applicant will engage multiple and
diverse sectors of the community in its strategic planning process.
Examples of possible community participants include but are not limited
to nonprofit community groups, faith-based organizations, private
schools, teachers, youth, parents, and supervisory and line staff of
social service agencies.
(c) The extent to which the applicant's memorandum of agreement for
SS/HS Partners includes: A mission statement for the SS/HS partnership;
a delineation of the roles and responsibilities of each partner; a
process for communicating and sharing resources; and other pertinent
information to evaluate the partnership's likelihood of successfully
implementing the project.
(d) The extent to which the applicant's memorandum of agreement for
mental health services demonstrates the willingness of the public
mental health authority to provide administrative oversight of mental
health services. This agreement describes a process for securing mental
health providers and procedures to be used for referral, treatment, and
follow-up for children and adolescents with serious mental health
problems. This agreement provides evidence that there will be
integration, coordination, and resource sharing with mental health and
social service providers by schools and other community-based programs.
5. Evaluation
(a) The extent to which the applicant describes an appropriate
evaluation design--using both quantitative and qualitative methods,
including: (1) What types of data will be collected; (2) when various
types of data will be collected; (3) what evaluation methods will be
used and why; (4) what instruments will be developed and when; (5) how
the data will be analyzed; (6) when reports of results and outcomes
will be available; (7) how data and other information will be used for
strategic planning, measuring progress, making programmatic
adjustments, and keeping the proposed strategy focused on its overall
objective of promoting healthy childhood development and preventing
violence and alcohol and other drug abuse; and (8) how the applicant
will use the information collected through the evaluation to support
SS/HS GPRA indicators.
(b) The extent to which the individual or organization that has
been selected or will be sought to serve as the local evaluator has
adequate qualifications and experience to conduct the local evaluation.
(c) The extent to which the applicant allocates an appropriate and
reasonable level of resources to local project evaluation.
Note: Consistent with funding restrictions established for the
program, a minimum of 7 percent of the total budget must be
designated for local evaluation activities.
6. Program Management
(a) The extent to which the roles and responsibilities of key
staff, including the full-time project director, and partners are
defined.
(b) The adequacy of the management plan to achieve the objectives
of the proposed project on time, including clearly defined timelines
with reasonable dates for implementing and accomplishing project tasks.
(c) The adequacy of procedures for communicating and sharing
information among all partners, to ensure feedback and continuous
improvement in the operation of the project.
7. Budget
(a) The extent to which the proposed budget and narrative
correspond to the project design and provide adequate documentation and
justification for how funds will be used and how costs were calculated.
(b) The extent to which the applicant demonstrates current fiscal
control and accounting procedures to ensure prudent use, proper and
timely disbursement, and accurate accounting of funds received under
the grant.
Additional Selection Factors
The following two factors may be considered in selecting an
application for an award: (1) Geographic distribution and diversity of
activities addressed by the projects; and (2) equitable distribution of
funds among urban, suburban and rural LEAs.
Application and Eligibility Requirements. Before we will submit an
SS/HS application for peer review, the applicant must meet the
following requirements:
(1) The LEA/applicant must not have received funds or services
under the SS/HS initiative under any previous fiscal years.
(2) The applicant's request for funding must not exceed the maximum
amount established for its defined urbanicity. The maximum request for
SS/HS funds is $1 million for rural and Bureau of Indian Affairs (BIA)
schools for a 12-month period; $2 million for suburban schools for a
12-month period; and $3 million for urban schools for a 12-month
period. To determine urbanicity and the maximum amount they are
eligible to apply for, all applicants except BIA schools must use the
district locale code on the National Public School and School District
Locator website and the definitions established in this notice for
rural, suburban and urban to determine urbanicity. A BIA school's
request must not exceed $1 million.
(3) The applicant must include in its application two memoranda of
agreement demonstrating the commitment of the required SS/HS partners.
Two agreements must be signed by the required partners (as described in
paragraphs (a) and (b)) and dated no earlier than six months prior to
the SS/HS application deadline. Applicants must also include
information in the application that supports the selection of the
identified local law enforcement and juvenile justice partner and
describe how those partners' activities will support and be integrated
in the SS/HS strategy. Applicants must contact their State Department
of Mental Health to identify the relevant local public mental health
authority. Mental health entities that have no legal authority in the
administrative oversight of the delivery of mental health services are
not acceptable as the sole mental health partner. Each SS/HS
application must include the local public mental health authority (as
defined elsewhere in this notice) as a partner. (The local public
mental health authority is not required to provide mental health
services to the target population but must provide administrative
control or oversight of the delivery of mental health services.)
(a) The first of these two agreements is the Memorandum of
Agreement for the SS/HS Partners. This agreement
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must contain the signatures of the school superintendent and authorized
representatives for the local public mental health authority and local
law enforcement and juvenile justice agencies. This agreement must
include the following information: A mission statement for the SS/HS
partnership; the goals and objectives of the partnership; desired
outcomes for the partnership; a description of how information will be
shared among partners; and a description of the roles and
responsibilities of each partner. Applicants submitting as a consortium
of LEAs must demonstrate partnership with the relevant local law
enforcement agency (or agencies), public mental health authority (or
authorities) and juvenile justice agency (or agencies) for each of the
participating LEAs in the consortium. Applicants must indicate those
instances where a local law enforcement agency, public mental health
authority, or juvenile justice agency has authority or jurisdiction for
one or more of the participating LEAs in the consortium.
(b) The second of these two agreements is the Memorandum of
Agreement for Mental Health Services. This agreement must contain the
signatures of the school superintendent and the authorized
representative of the local public mental health authority. The local
public mental health authority must agree to provide administrative
control and/or oversight of the delivery of mental health services.
This agreement also must state procedures to be used for referral,
treatment, and follow-up for children and adolescents with serious
mental health problems. Applicants submitting as a consortium of LEAs
must demonstrate partnership with the relevant public mental health
authority (or authorities) for each of the participating LEAs in the
consortium. Applicants must indicate those instances where a local
public mental health authority has authority/jurisdiction for one or
more of the participating LEAs in the consortium.
Funding Restrictions: No less than 7 percent of a grantee's budget
for each year may be used to support costs associated with local
evaluation activities. No more than 10% of the total budget for each
year may be used to support costs associated with (1) security
equipment and personnel, and (2) minor remodeling of school facilities
to improve school safety.
Definitions: 1. Authorized representative--The term authorized
representative means the official within an organization with the legal
authority to give assurances, make commitments, enter into contracts,
and execute such documents on behalf of the organization as may be
required by the Department of Education (the Department), including
certification that commitments made in grant proposals will be honored
and that the applicant agrees to comply with the Department's
regulations, guidelines, and policies.
2. Local law enforcement agency--The term local law enforcement
agency means the agency (or agencies) that has law enforcement
authority for the LEA. Examples of local law enforcement agencies
include: Municipal, county, and State police; tribal police and
councils; and sheriffs' departments.
3. Local public mental health authority--The term local public
mental health authority means the entity legally constituted (directly
or through contract with the State mental health authority) to provide
administrative control or oversight of mental health services delivery
within the community.
4. Local juvenile justice agency--The term local juvenile justice
agency means an agency or entity at the local level that is officially
recognized by State or local government to address juvenile justice
system issues in the communities to be served by the grant. Examples of
juvenile justice agencies include: Juvenile justice task forces;
juvenile justice centers; juvenile or family courts; juvenile probation
agencies; and juvenile corrections agencies.
5. Urban districts--The term urban districts means those LEAs with
a designated locale code of Large Central City (1) or Mid-Size Central
City (2) using the National Center for Education Statistics' National
Public School and School District Locator (available online at http://nces.ed.gov/ccd/
districtsearch/).
6. Suburban districts--The term suburban districts means those LEAs
with a designated locale code of Urban Fringe of Large City (3) or
Urban Fringe of Mid-Size City (4) using the National Center for
Education Statistics' National Public School and School District
Locator (available online at http://nces.ed.gov/ccd/ districtsearch/).
7. Rural districts--The term rural districts means those LEAs with
a designated locale code of Large Town (5), Small Town (6) or Rural,
outside MSA (7), or Rural, inside MSA (8) using the National Center for
Education Statistics' National Public School and School District
Locator (available online at http://nces.ed.gov/ccd/ districtsearch/).
Executive Order 12866
This notice of final priority, selection criteria, requirements,
and definitions has been reviewed in accordance with Executive Order
12866. Under the terms of the order, we have assessed the potential
costs and benefits of this regulatory action.
The potential costs associated with the notice of final priority,
selection criteria, requirements, and definitions are those resulting
from statutory requirements and those we have determined as necessary
for administering this program effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priority, selection criteria,
requirements, and definitions, we have determined that the benefits of
the final priority, selection criteria, requirements, and definitions
justify the costs.
We have also determined that this 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 in the notice of proposed
priority, selection criteria, requirements, and definitions.
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 provides early notification of our specific plans and actions
for this program.
Applicable Program Regulations: The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80,
81, 82, 84, 85, 98, 99, and 299.
Electronic Access to This Document
You may view this document, as well as other documents of this
Department published in the Federal Register, in text or Adobe Portable
Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal
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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.
(Catalog of Federal Domestic Assistance Number 84.184L Safe Schools/
Healthy Students.)
Program Authority: Safe and Drug-Free Schools and Communities
Act (20 U.S.C. 7131); Public Health Service Act (42 U.S.C. 290aa);
and Juvenile Justice and Delinquency Prevention Act (42 U.S.C.
5614(b)(4)(e) and 5781 et seq.).
Dated: May 24, 2004.
Deborah A. Price,
Deputy Under Secretary for Safe and Drug-Free Schools.
[FR Doc. 04-12074 Filed 5-27-04; 8:45 am]
BILLING CODE 4000-01-U