[Federal Register: March 11, 2009 (Volume 74, Number 46)]
[Notices]
[Page 10655-10658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr09-172]
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Part II
Department of Education
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Readiness and Emergency Management for Schools; Notice
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DEPARTMENT OF EDUCATION
Readiness and Emergency Management for Schools
Catalog of Federal Domestic Assistance (CFDA) Number: 84.184E.
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of final priorities and requirements.
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SUMMARY: The Acting Assistant Deputy Secretary for Safe and Drug-Free
Schools announces priorities and requirements under the Readiness and
Emergency Management for Schools (REMS) grant program. The Acting
Assistant Deputy Secretary may use these priorities and requirements
for competitions in fiscal year (FY) 2009 and later years. We take this
action to focus Federal financial assistance on an identified national
need. We intend these priorities and requirements to support grants
that will increase the capacity of local educational agencies (LEAs) to
prevent and mitigate, prepare for, respond to, and recover from
emergencies. This action is also taken to focus funding on LEAs that
have not previously received funding under this program and to
establish other core requirements.
Effective Date: These priorities and requirements are effective
April 10, 2009.
FOR FURTHER INFORMATION CONTACT: Sara Strizzi, U.S. Department of
Education, 1391 Speer Boulevard, suite 800, Denver, CO 80204-2512.
Telephone: (303) 346-0924 or by e-mail: sara.strizzi@ed.gov.
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 Program: Past emergencies, such
as the events of September 11, 2001, Hurricanes Katrina and Rita, and
emergencies related to other natural and man-made hazards, reinforce
the need for schools and communities to plan for traditional crises and
emergencies, as well as other catastrophic events. The REMS grant
program provides funds to LEAs to establish an emergency management
process that focuses on reviewing and strengthening emergency
management plans, within the framework of the four phases of emergency
management (Prevention-Mitigation, Preparedness, Response, and
Recovery). The program also provides resources to LEAs to provide
training for staff on emergency management procedures and requires that
LEAs develop comprehensive all-hazards emergency management plans in
collaboration with community partners, including local law enforcement;
public safety, public health, and mental health agencies; and local
government.
Program Authority: 20 U.S.C. 7131.
We published a notice of proposed priorities and requirements for
this competition in the Federal Register on December 23, 2008 (73 FR
78757). That notice contained background information and our reasons
for proposing the particular priorities and requirements.
Public Comment: In response to our invitation in the notice of
proposed priorities and requirements, one party submitted a comment on
the proposed priorities and requirements.
Generally, we do not address technical and other minor changes.
Analysis of Comments and Changes: An analysis of the comment and of
any changes in the priorities and requirements since publication of the
notice of proposed priorities and requirements follows.
Comment: One commenter recommended that we add the head of the
local emergency management agency as a required sixth partner on the
grant. The commenter suggested that an LEA's partnership with the local
emergency management agency in its jurisdiction will ensure consistent
community-wide emergency management planning and training efforts and
will contribute to the sustainability of the emergency management
process.
Discussion: We agree that local emergency management agencies have
a significant and valuable role to play in assisting with community-
wide emergency planning efforts. We encourage LEAs to work closely with
all relevant community partners, including local emergency management
agencies, to leverage resources, ensure consistency, and avoid
duplication of effort. However, local emergency management agencies do
not exist in every community. Some communities do not have a designated
local emergency management agency and, instead, vest emergency
management authority in other agencies, such as a local fire
department, law enforcement agency, or other public safety agency.
If a local emergency management agency is available to participate
in a REMS grant project, its assistance is likely to be of significant
value. We are interested in grantees securing partner participation
from the most relevant community entities and encourage the inclusion
of the local emergency management agency as a grant partner if such an
agency is present. However, given the significant variation in the
types of organizations involved in emergency management activities in
communities across the Nation, we must provide flexibility to grantees.
We have made a change in the requirement in response to this comment.
Change: We have revised Priority 1 and the requirements to clarify
that a partner agreement from a local emergency management agency may
be used to meet the public safety partner requirement.
Final Priorities
Priority 1--LEA Projects Designed To Develop and Enhance Local
Emergency Management Capacity
This priority supports LEA projects designed to create, strengthen,
or improve emergency management plans at the LEA and school-building
levels and build the capacity of LEA staff so that the LEA can continue
the implementation of key emergency management functions after the
period of Federal funding. Projects must include a plan to create,
strengthen, or improve emergency management plans, at the LEA and
school-building levels, and within the framework of the four phases of
emergency management: Prevention-Mitigation, Preparedness, Response,
and Recovery. Projects must also include: (1) Training for school
personnel in emergency management procedures; (2) coordination, and the
use of partnerships, with local law enforcement, public safety or
emergency management, public health, and mental health agencies, and
local government to assist in the development of emergency management
plans at the LEA and school-building levels; (3) a plan to sustain the
local partnerships after the period of Federal assistance; (4) a plan
for communicating school emergency management policies and
reunification procedures for parents and guardians and their children
following an emergency; and (5) a written plan for improving LEA
capacity to sustain the emergency management process through ongoing
training of personnel and continual review of policies and procedures.
Priority 2--Priority for LEAs That Have Not Previously Received a Grant
Under the REMS Program (CFDA Number 84.184E) and Are Located in Urban
Areas Security Initiative Jurisdiction
Under this priority, we give priority to applications from LEAs
that (1) have not yet received a grant under this program (CFDA Number
84.184E) and (2) are located in whole or in part within Urban
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Areas Security Initiative (UASI) jurisdictions, as determined by the
U.S. Department of Homeland Security (DHS). Applicants, including
educational service agencies (ESAs), must meet both of these criteria
in order to meet this priority. Under a consortium application, all
members of the LEA consortium, including any ESAs, must meet both
criteria to meet this priority.
Because DHS' determination of UASI jurisdictions may change from
year to year, applicants under this priority must refer to the most
recent list of UASI jurisdictions published by DHS when submitting
their applications. In any notice inviting applications using this
priority, the Department will provide applicants with information
necessary to access the most recent DHS list of UASI jurisdictions.
Priority 3--Priority for Applicants That Have Not Previously Received a
Grant Under the REMS Program (CFDA Number 84.184E)
Under this priority, we give priority to applications from LEAs
that have not previously received a grant under this program (CFDA
Number 84.184E). Applicants, including educational service agencies
(ESAs), that have received funding under this program directly, or as
the lead agency or as a partner in a consortium application under this
program, will not meet this priority. Under a consortium application,
all members of the LEA consortium must meet this criterion to meet this
priority.
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 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 priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Requirements: We may apply one or more of these requirements
in any year in which this program is in effect.
Partner Agreements: To be considered for a grant award, an
applicant must include in its application an agreement that details the
participation of each of the following five community-based partners:
The law enforcement agency, the public safety or emergency management
agency, the public health agency, the mental health agency, and the
head of the applicant's local government (for example the mayor, city
manager, or county executive). The agreement must include a description
of each partner's roles and responsibilities in improving and
strengthening emergency management plans at the LEA and school-building
levels, a description of each partner's commitment to the continuation
and continuous improvement of emergency management plans at the LEA and
school-building levels, and the signature of an authorized
representative of the LEA and each partner acknowledging the agreement.
For consortium applications, each LEA to be served by the grant must
submit a complete set of partner agreements with the signature of an
authorized representative of the LEA and each corresponding partner
acknowledging the agreement.
If one or more of the five partners listed in this requirement is
not present in the applicant's community, or cannot feasibly
participate, the agreement must explain the absence of each missing
partner. To be considered eligible for funding, however, an application
must include a signed agreement between the LEA, a law enforcement
partner, and at least one of the other required partners (public safety
or emergency management agency, public health agency, mental health
agency, or the head of the local government).
Applications that fail to include the required agreement, including
information on partners' roles and responsibilities and on their
commitment to continuation and continuous improvement (with signatures
and explanations for missing signatures as specified above), will not
be read.
Although this program requires partnerships with other parties,
administrative direction and fiscal control for the project must remain
with the LEA.
Coordination with State or Local Homeland Security Plan: All
emergency management plans receiving funding under this program must be
coordinated with the Homeland Security Plan of the State or locality in
which the LEA is located. To ensure that emergency services are
coordinated, and to avoid duplication of effort within States and
localities, applicants must include in their applications an assurance
that the LEA will coordinate with and follow the requirements of its
State or local Homeland Security Plan for emergency services and
initiatives.
Infectious Disease Plan: To be considered for a grant award,
applicants must agree to develop a written plan designed to prepare the
LEA for a possible infectious disease outbreak, such as pandemic
influenza. Plans must address the four phases of emergency management
(Prevention-Mitigation, Preparedness, Response, and Recovery) and
include a plan for disease surveillance (systematic collection and
analysis of data that lead to action being taken to prevent and control
a disease), school closure decision making, business continuity
(processes and procedures established to ensure that essential
functions can continue during and after a disaster), and continuation
of educational services.
Food Defense Plan: To be considered for a grant award, applicants
must agree to develop a written food defense plan that includes the
four phases of emergency management (Prevention-Mitigation,
Preparedness, Response, and Recovery) and is designed to safeguard the
LEA's food supply, including all food storage and preparation
facilities and delivery areas within the LEA.
Individuals with Disabilities: Applicants must agree to develop
plans that take into consideration the communication, medical, and
evacuation needs of individuals with disabilities within the schools in
the LEA.
Implementation of the National Incident Management System (NIMS):
Applicants must agree to implement their grant in a manner consistent
with the implementation of the NIMS in their communities. Applicants
must include in their applications an assurance that they have met, or
will complete, all current NIMS requirements by the end of the grant
period.
Because DHS' determination of NIMS requirements may change from
year to year, applicants must refer to the most recent list of NIMS
requirements published by DHS when submitting their applications. In
any notice inviting applications, the Department will provide
applicants with information necessary to access the most recent DHS
list of NIMS requirements.
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Note: An LEA's NIMS compliance must be achieved in close
coordination with the local government and with recognition of the
first-responder capabilities held by the LEA and the local
government. As LEAs are not traditional response organizations,
first-responder services will typically be provided to LEAs by local
fire and rescue departments, emergency medical service providers,
and law enforcement agencies. This traditional relationship must be
acknowledged in achieving NIMS compliance in an integrated NIMS
compliance plan for the local government and the LEA. LEA
participation in the NIMS preparedness program of the local
government is essential in ensuring that first-responder services
are delivered to schools in a timely and effective manner.
Additional information about NIMS implementation and requirements is
available at http://www.fema.gov/emergency/nims.
This notice does not preclude us from proposing 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 one or more of these priorities and
requirements, we invite applications through a notice in the Federal
Register.
Executive Order 12866: This notice of final priorities and
requirements 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 this final regulatory action
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 final regulatory action, we have determined
that the benefits of the final priorities and requirements justify the
costs.
We have determined, also, 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 priorities and requirements.
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 computer diskette) on request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT.
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. 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 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.
Delegation of Authority: The Secretary of Education has delegated
authority to William Modzeleski, Acting Assistant Deputy Secretary for
the Office of Safe and Drug-Free Schools to perform the functions of
the Assistant Deputy Secretary for Safe and Drug-Free Schools.
Dated: March 4, 2009.
William Modzeleski,
Acting Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. E9-5091 Filed 3-10-09; 8:45 am]
BILLING CODE 4000-01-P