Office of Safe and Drug-Free Schools; Overview Information; Grants for School-Based Student Drug-Testing Programs; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2006, 42561-42565 [06-6491]
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Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Notices
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(Catalog of Federal Domestic Assistance
Number 84.184D—Grants for School Based
Student Drug-Testing Programs)
Program Authority: 20 U.S.C. 7131.
Dated: July 21, 2006.
Deborah A. Price,
Assistant Deputy Secretary for Safe and DrugFree Schools.
[FR Doc. 06–6492 Filed 7–25–06; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Office of Safe and Drug-Free Schools;
Overview Information; Grants for
School-Based Student Drug-Testing
Programs; Notice Inviting Applications
for New Awards for Fiscal Year (FY)
2006
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Catalog of Federal Domestic Assistance
(CFDA) Number: 84.184D.
Dates: Applications Available: July
26, 2006.
Deadline for Transmittal of
Applications: September 5, 2006.
Deadline for Intergovernmental
Review: October 4, 2006.
Eligible Applicants: Local educational
agencies (LEAs). Additional eligibility
requirements are listed in this notice in
Section I. Funding Opportunity
Description.
Estimated Available Funds:
$1,680,000. Contingent upon the
availability of funds, the Secretary may
make additional awards in FY 2007
from the list of unfunded applicants
from this competition.
Estimated Range of Awards: $70,000–
$200,000.
Estimated Average Size of Awards:
$140,000.
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Estimated Number of Awards: 12.
Note: The Department is not bound by any
estimates in this notice.
Project Period: Up to 48 months.
Projects will be funded for 12 months
with an option for three additional 12month periods, contingent upon
substantial progress by the grantee and
the availability of funds.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of the Program: The Grants
for School-based Student Drug Testing
Programs provides funds to LEAs to
support development and
implementation of drug-testing
programs in schools.
Priority: This priority is from the
notice of final priority, eligibility and
application requirements, and selection
criteria for this competition, published
elsewhere in this issue of the Federal
Register.
Absolute Priority: For FY 2006 and
any subsequent year in which we make
awards based on the list of unfunded
applications from this competition, this
priority is an absolute priority. Under 34
CFR 75.105(c)(3) we consider only
applications that meet this priority. This
priority is:
Participation in Evaluation of
Mandatory Random Student DrugTesting Programs
Under this priority, we will support
local educational agencies (LEAs) that
agree to participate in a national
evaluation of the impact of mandatory
random student drug testing on high
school students’ reported substance use.
In order to meet this priority an
applicant must:
(1) Agree to carry out its drug-testing
program in a manner consistent with the
randomized control trial evaluation
design developed by ED and its national
evaluator;
(2) Propose at least two schools with
three or more grades 9 through 12 to
participate in the national evaluation;
(3) Not have an existing drug-testing
program in operation in any of the
schools proposed by the applicant for
participation in the national evaluation;
(4) Consent to the evaluator’s random
assignment of one-half of the schools
proposed by the applicant for
participation in the national evaluation
to begin mandatory random student
drug-testing implementation in year one
of the grant (following the spring 2007
survey of students), and one-half to
begin mandatory random student drug
testing approximately one year later
(after the spring 2008 survey of students
has been completed);
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(5) Agree that the schools proposed by
the applicant for participation in the
national evaluation will limit their
mandatory random student drug-testing
program to students in grades 9 through
12 and, within that group of students, to
one or both of the following:
(a) All students who participate in the
school’s athletic program; and
(b) All students who are engaged in
competitive, extra-curricular, schoolsponsored activities;
Note: Competitive, extra-curricular, schoolsponsored activities mean any activity under
the direct control of the school in which
students compete against students in another
school. If the State maintains a list of
sanctioned, competitive, extra-curricular,
school-sponsored activities, the applicant
may consider those activities to be
competitive, extra-curricular, schoolsponsored activities for the purposes of this
program.
(6) Not promote or begin the
implementation of its mandatory
random student drug-testing program in
any participating schools until it
receives notification from the national
evaluator about the random assignment
of its schools to participate in the first
or second wave of implementation,
except that an applicant may conduct
outreach and generate community
support for its drug-testing policy;
(7) Delay the promotion,
announcement, and start of the
mandatory random student drug-testing
program in schools assigned to the
second wave of implementation until
the spring 2008 student survey has been
completed;
(8) Implement its mandatory random
student drug-testing program
consistently across participating schools
and according to uniform LEA policies
and procedures during the evaluation
period; and
(9) Provide contact information to the
national evaluator in order for the
evaluator to obtain (a) the prior written
consent of either the parent or the
student if the student is 18 years of age
or older or is an emancipated minor
under State law and (b) student assent
for student participation in the surveys
(if the student does not have the right
to consent as stated in this paragraph)
and make available space for the
administration of the surveys in the
schools.
Once a participating school has begun
implementing its mandatory random
student drug-testing program in
accordance with the requirements of
this priority, and following the
completion of the spring 2008 student
survey, the LEA, at its discretion, may
announce, promote, implement, and use
grant funds for testing—
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(a) In schools assigned to the second
wave of implementation;
(b) Students in any grade 6 through 12
who, along with their parent or
guardian, volunteer to be tested; and
(c) Students in grades 6 through 8
who participate in the school’s athletic
programs or competitive, extracurricular, school-sponsored activities.
Eligibility and Application
Requirements: We establish the
following eligibility requirements for
applications submitted under this
program:
(1) LEAs are the only eligible
applicants; and
(2) An applicant may not have been
the recipient of, or a participant in, a
grant in 2005 under ED’s School-Based
Grants for Student Drug-Testing
Programs competition (84.184D).
The following requirements also
apply to all applications submitted
under this program:
(1) An applicant may not submit more
than one application for a grant under
the competition.
(2) In its application, an applicant
must:
(a) Clearly identify the student
population that will be in the drugtesting pool including, to the extent
feasible, the number of students in the
pool by grade, and demonstrate a
significant need for drug testing within
the target population;
(b) Propose to test a minimum of 50
percent of the testing pool annually, and
use at least a five-panel test (marijuana,
amphetamine, cocaine,
methamphetamine, and opiates);
(c) Explain how the proposed drugtesting program will be part of an
existing, comprehensive drug
prevention program in the schools to be
served;
(d) Provide a comprehensive plan for
referring students who are identified
through the testing program as users of
illegal drugs or legal medications taken
without a prescription to a student
assistance program, counseling, or drug
treatment if necessary;
(e) Provide a plan to ensure the
confidentiality of drug-testing results,
including a provision that prohibits the
party conducting drug tests from
disclosing to school officials any
information about a student’s use of
legal medications for which the student
has a prescription;
(f) Provide written assurances of the
following:
(i) That results of student drug tests
will not be disclosed to law enforcement
officials;
(ii) That results of student drug tests
will be destroyed when the student
graduates or otherwise leaves the LEA
or private school involved;
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(iii) That all positive drug tests will be
subject to confirmation by a method
appropriate for the type of test
administered and that positive results
will be reviewed and verified by a
certified medical review officer, a
licensed physician who is also an expert
in drug and alcohol testing and the
Federal regulations governing such
testing;
(iv) That legal counsel has reviewed
the proposed drug-testing program and
advised that the program activities do
not appear to violate established
constitutional principles or State and
Federal requirements related to
implementing a mandatory random
student drug-testing program;
(v) That all proposed activities will be
carried out in accordance with the
requirements of the Family Educational
Rights and Privacy Act (FERPA) and the
Protection of Pupil Rights Amendment
(PPRA);
(vi) That the mandatory random
student drug-testing program is ready to
begin no later than 9 months after
receipt of the grant award. We will
consider a grantee’s failure to achieve
readiness to begin its program within 9
months of the grant award as failure to
make substantial progress consistent
with the requirements of the Education
Department General Administrative
Regulations (EDGAR) in
§ 75.253(a)(2)(i). This failure could
result in loss of funding for year two of
the project period or termination of the
grant;
(vii) That mandatory random student
drug testing will be conducted for the
entire academic year in the schools
selected to implement drug testing; and
(viii) That schools randomly assigned
to begin drug testing in year one of the
grant will not be required to consider
students to be in the testing pool at any
specific point in time unless they are
participating in a covered activity (for
example, all students participating at
that time in athletics and/or all students
participating at that time in competitive,
extra-curricular, school-sponsored
activities).
(3) Funds awarded under this
program may not be used for any of the
following purposes:
(a) Student drug tests administered
under suspicion of drug use;
(b) Incentives for students to
participate in the drug-testing program;
(c) Drug treatment;
(d) Drug prevention curricula or other
prevention programs;
(e) Drug tests for students in noncompetitive, extra-curricular activities
who do not otherwise meet the
eligibility criteria;
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(f) Drug tests for students in cocurricular activities who do not
otherwise meet the eligibility criteria; or
(g) Drug tests for student drivers who
park on campus who do not otherwise
meet the eligibility criteria.
Program Authority: 20 U.S.C. 7131.
Applicable Regulations: (a) The
Education Department General
Administrative Regulations (EDGAR) in
34 CFR parts 75, 77, 79, 80, 81, 82, 84,
85, 97, 98, 99, and 299. (b) The notice
of final priority, eligibility and
application requirements, and selection
criteria published elsewhere in this
issue of the Federal Register.
Note: The regulations in part 79 apply to
all applicants except federally recognized
Indian tribes.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds:
$1,680,000. Contingent upon the
availability of funds, the Secretary may
make additional awards in FY 2007
from the list of unfunded applicants
from this competition.
Estimated Range of Awards: $70,000–
$200,000.
Estimated Average Size of Awards:
$140,000.
Estimated Number of Awards: 12.
Note: The Department is not bound by any
estimates in this notice.
Project Period: Up to 48 months.
Projects will be funded for 12 months
with an option for three additional 12month periods, contingent upon
substantial progress by the grantee and
the availability of funds.
III. Eligibility Information
1. Eligible Applicants: LEAs.
Additional eligibility requirements are
listed in this notice in section I.
Funding Opportunity Description.
2. Cost Sharing or Matching: This
program does not involve cost sharing
or matching.
3. Other:
(a) Participation by Private School
Children and Teachers. LEAs receiving
an award under the Grants for SchoolBased Student Drug-Testing Program are
required to provide for the equitable
participation of private school children
and their teachers or other educational
personnel. In order to ensure that grant
program activities address the needs of
private school children, timely and
meaningful consultation with
appropriate private school officials must
occur during the design and
development of the program. This
consultation must take place before any
decision is made that affects the
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opportunities of eligible private school
children, teachers, and other
educational personnel to participate.
Administrative direction and control
over grant funds must remain with the
grantee. See Section 9501, Participation
by Private School Children and
Teachers, of the Elementary and
Secondary Education Act of 1965, as
amended by the No Child Left Behind
Act of 2001.
(b) Maintenance of Effort. An LEA
may receive an award under the Grants
for School-Based Student Drug-Testing
Programs only if the State educational
agency finds that the combined fiscal
efforts per student or the aggregate
expenditures of the agency and the State
with respect to the provision of free
public education by the agency for the
preceding fiscal year was not less than
90 percent of the combined fiscal effort
or aggregate expenditures for the second
preceding fiscal year. See Section 9521,
Maintenance of Effort, of the Elementary
and Secondary Education Act of 1965,
as amended by the No Child Left Behind
Act of 2001.
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IV. Application Submission
Information
1. Address To Request Application
Package: Education Publications Center
(ED Pubs), P.O. Box 1398, Jessup, MD
20794–1398. Telephone (toll free): 1–
877–433–7827. Fax: 1–301–470–1244. If
you use a telecommunications device
for the deaf (TDD), you may call (toll
free): 1–877–576–7734.
You may also contact ED Pubs at its
Web site: https://www.ed.gov/pubs/
edpubs.html or you may contact ED
Pubs at its e-mail address:
edpubs@inet.ed.gov.
If you request an application from ED
Pubs be sure to identify this competition
as follows: CFDA Number 84.184D.
You may also download the
application from the Department of
Education’s Web site at: https://
www.ed.gov/fund/grant/apply/
grantapps/.
Individuals with disabilities may
obtain a copy of the application in an
alternative format (e.g., Braille, large
print, audiotape, or computer diskette)
by contacting the program contact
person listed in this section.
The public can also obtain
applications directly from the program
office: Robyn Disselkoen or Charlotte
Gillespie, U.S. Department of Education,
400 Maryland Ave., SW., room 3E328,
Washington, DC 20202–6450.
Telephone: (202) 260–1862 or by e-mail
at osdfsdrugtesting@ed.gov.
If you use a telecommunications
device for the deaf (TDD), you may call
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the Federal Relay Service (FRS) at 1–
800–877–8339.
2. Content and Form of Application
Submission: Certain application
requirements for this competition are
listed in this notice in section I.
Funding Opportunity Description.
Additional 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: July 26, 2006.
Deadline for Transmittal of
Applications: September 5, 2006.
Applications for grants under this
program must be submitted
electronically using the Electronic Grant
Application System (e-Application)
available through the Department’s eGrants system. For information
(including dates and times) about how
to submit your application
electronically or by mail or hand
delivery if you qualify for an exception
to the electronic submission
requirement, please refer to section IV.
6. Other Submission Requirements in
this notice.
We do not consider an application
that does not comply with the deadline
requirements.
Deadline for Intergovernmental
Review: October 4, 2006.
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. 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.
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.
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a. Electronic Submission of
Applications. Applications for grants
under the Grants for School-Based
Student Drug-Testing Programs—CFDA
Number 84.184D—must be submitted
electronically using e-Application
available through the Department’s eGrants system, accessible through the eGrants portal page at: https://egrants.ed.gov.
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 eApplication 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 regular hours of operation of
the e-Grants Web site are 6 a.m. Monday
until 7 p.m. Wednesday; and 6 a.m.
Thursday until midnight Saturday,
Washington, DC time. Please note that
the system is unavailable on Sundays,
and between 7 p.m. on Wednesdays and
6 a.m. on Thursdays, Washington, DC
time, for maintenance. 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 the
Application for Federal Education
Assistance (ED 424), Budget
Information—Non-Construction
Programs (ED 524), and all necessary
assurances and certifications.
• Any narrative sections of your
application should be attached as files
in a .DOC (document), .RTF (rich text),
or .PDF (Portable Document) format. If
you upload a file type other than the file
types specified above 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.
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• After you electronically submit
your application, you will receive an
automatic acknowledgement 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 ED 424 to the
Application Control Center after
following these steps:
(1) Print ED 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 hardcopy signature page of the ED 424.
(4) Fax the signed ED 424 to the
Application Control Center at (202)
245–6272.
• 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 System
Unavailability: If you are prevented
from electronically submitting your
application on the application deadline
date because the e-Application system is
unavailable, we will grant you an
extension of one business day in order
to transmit your application
electronically, by mail, or by hand
delivery. We will grant this extension
if—
(1) You are a registered user of eApplication and you have initiated an
electronic application for this
competition; and
(2) (a) The e-Application system 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) The e-Application system 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
acknowledgement of any system
unavailability, you may contact either
(1) the person listed elsewhere in this
notice under For Further Information
Contact (see VII. Agency Contacts) or (2)
the e-Grants help desk at 1–888–336–
8930. If the system is down and
therefore the application deadline is
extended, an e-mail will be sent to all
registered users who have initiated an eApplication. Extensions referred to in
this section apply only to the
unavailability of the Department’s eApplication system.
Exception to Electronic Submission
Requirement: You qualify for an
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exception to the electronic submission
requirement, and may submit your
application in paper format, if you are
unable to submit an application through
the e-Application system because—
• You do not have access to the
Internet; or
• You do not have the capacity to
upload large documents to the
Department’s e-Application system; 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 prevent 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: Charlotte Gillespie, U.S.
Department of Education, 400 Maryland
Avenue, SW., room 3E328, Washington,
DC 20202. fax: 202–260–7767.
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 applicable
following address:
By mail through the U.S. Postal
Service: U.S. Department of Education,
Application Control Center, Attention:
CFDA Number 84.184D, 400 Maryland
Avenue, SW., Washington, DC 20202–
4260; or
By mail through a commercial carrier:
U.S. Department of Education,
Application Control Center—Stop 4260,
Attention: CFDA Number 84.184D, 7100
Old Landover Road, Landover, MD
20785–1506.
Regardless of which address you use,
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,
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(3) A dated shipping label, invoice, or
receipt from a commercial carrier, or
(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, or
(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 84.184D, 550 12th Street,
SW., Room 7041, Potomac Center Plaza,
Washington, DC 20202–4260.
The Application Control Center
accepts hand deliveries daily between 8
a.m. and 4:30 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 4 of the ED 424 the
CFDA number—and suffix letter, if
any—of the competition under which
you are submitting your application.
(2) The Application Control Center
will mail a grant application receipt
acknowledgment to you. If you do not
receive the grant application receipt
acknowledgment 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.
You may access the electronic grant
application for Grants for School-Based
Student Drug-Testing Programs at:
https://e-grants.ed.gov.
V. Application Review Information
Selection Criteria: The selection
criteria for this competition are from the
notice of final priority, eligibility and
application requirements, and selection
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criteria published elsewhere in this
issue of the Federal Register, and are
listed in the application package.
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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 also notify you
informally.
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 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.
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
expenditure information as specified by
the Secretary in 34 CFR 75.118. We also
may require more frequent performance
reports in accordance with 34 CFR
VerDate Aug<31>2005
18:04 Jul 25, 2006
Jkt 208001
75.720(c). Note, however, that you will
not be expected to collect data on the
key GPRA measures for this program
because the data will be collected and
reported to ED by the national evaluator.
4. Performance Measure: We have
identified the following key GPRA
performance measure for the Grants for
School-Based Student Drug-Testing
programs: The reduction of the
incidence of drug use in the past month
and past year. The Secretary has set an
overall performance target that calls for
the prevalence of drug use by students
in the target population to decline by 5
percent annually.
This measure constitutes the
Department’s indicator of success for
this program. The national evaluator
will collect all data required to report on
GPRA in each year that grants are
funded. Grantees will have no
requirement to collect and report this
information.
VII. Agency Contacts
For Further Information Contact:
Robyn Disselkoen or Charlotte Gillespie,
U.S. Department of Education, 400
Maryland Avenue, SW., room 3E328,
Washington, DC 20202–6450.
Telephone: 202 260–1862. e-mail
address: OSDFSdrugtesting@ed.gov.
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at (toll
free) 1–800–877–8339.
Individuals with disabilities may
obtain this document in an alternative
format (e.g., Braille, large print,
PO 00000
Frm 00011
Fmt 4701
Sfmt 4703
42565
audiotape, or computer diskette) on
request to the contact person listed in
this section.
VIII. Other Information
Electronic Access to This Document:
You may 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: https://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.
You may also view this document in
text or PDF at the following site:
https://www.ed.gov/programs/
drugtesting/applicant.html.
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: https://www.gpoaccess.gov/fr/
index.html.
Dated: July 21, 2006.
Deborah A. Price,
Assistant Deputy Secretary for Safe and DrugFree Schools.
[FR Doc. 06–6491 Filed 7–25–06; 8:45 am]
BILLING CODE 4000–01–P
E:\FR\FM\26JYN2.SGM
26JYN2
Agencies
[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Notices]
[Pages 42561-42565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6491]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Safe and Drug-Free Schools; Overview Information;
Grants for School-Based Student Drug-Testing Programs; Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2006
Catalog of Federal Domestic Assistance (CFDA) Number: 84.184D.
Dates: Applications Available: July 26, 2006.
Deadline for Transmittal of Applications: September 5, 2006.
Deadline for Intergovernmental Review: October 4, 2006.
Eligible Applicants: Local educational agencies (LEAs). Additional
eligibility requirements are listed in this notice in Section I.
Funding Opportunity Description.
Estimated Available Funds: $1,680,000. Contingent upon the
availability of funds, the Secretary may make additional awards in FY
2007 from the list of unfunded applicants from this competition.
Estimated Range of Awards: $70,000-$200,000.
Estimated Average Size of Awards: $140,000.
Estimated Number of Awards: 12.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 48 months. Projects will be funded for 12
months with an option for three additional 12-month periods, contingent
upon substantial progress by the grantee and the availability of funds.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of the Program: The Grants for School-based Student Drug
Testing Programs provides funds to LEAs to support development and
implementation of drug-testing programs in schools.
Priority: This priority is from the notice of final priority,
eligibility and application requirements, and selection criteria for
this competition, published elsewhere in this issue of the Federal
Register.
Absolute Priority: For FY 2006 and any subsequent year in which we
make awards based on the list of unfunded applications from this
competition, this priority is an absolute priority. Under 34 CFR
75.105(c)(3) we consider only applications that meet this priority.
This priority is:
Participation in Evaluation of Mandatory Random Student Drug-Testing
Programs
Under this priority, we will support local educational agencies
(LEAs) that agree to participate in a national evaluation of the impact
of mandatory random student drug testing on high school students'
reported substance use. In order to meet this priority an applicant
must:
(1) Agree to carry out its drug-testing program in a manner
consistent with the randomized control trial evaluation design
developed by ED and its national evaluator;
(2) Propose at least two schools with three or more grades 9
through 12 to participate in the national evaluation;
(3) Not have an existing drug-testing program in operation in any
of the schools proposed by the applicant for participation in the
national evaluation;
(4) Consent to the evaluator's random assignment of one-half of the
schools proposed by the applicant for participation in the national
evaluation to begin mandatory random student drug-testing
implementation in year one of the grant (following the spring 2007
survey of students), and one-half to begin mandatory random student
drug testing approximately one year later (after the spring 2008 survey
of students has been completed);
(5) Agree that the schools proposed by the applicant for
participation in the national evaluation will limit their mandatory
random student drug-testing program to students in grades 9 through 12
and, within that group of students, to one or both of the following:
(a) All students who participate in the school's athletic program;
and
(b) All students who are engaged in competitive, extra-curricular,
school-sponsored activities;
Note: Competitive, extra-curricular, school-sponsored activities
mean any activity under the direct control of the school in which
students compete against students in another school. If the State
maintains a list of sanctioned, competitive, extra-curricular,
school-sponsored activities, the applicant may consider those
activities to be competitive, extra-curricular, school-sponsored
activities for the purposes of this program.
(6) Not promote or begin the implementation of its mandatory random
student drug-testing program in any participating schools until it
receives notification from the national evaluator about the random
assignment of its schools to participate in the first or second wave of
implementation, except that an applicant may conduct outreach and
generate community support for its drug-testing policy;
(7) Delay the promotion, announcement, and start of the mandatory
random student drug-testing program in schools assigned to the second
wave of implementation until the spring 2008 student survey has been
completed;
(8) Implement its mandatory random student drug-testing program
consistently across participating schools and according to uniform LEA
policies and procedures during the evaluation period; and
(9) Provide contact information to the national evaluator in order
for the evaluator to obtain (a) the prior written consent of either the
parent or the student if the student is 18 years of age or older or is
an emancipated minor under State law and (b) student assent for student
participation in the surveys (if the student does not have the right to
consent as stated in this paragraph) and make available space for the
administration of the surveys in the schools.
Once a participating school has begun implementing its mandatory
random student drug-testing program in accordance with the requirements
of this priority, and following the completion of the spring 2008
student survey, the LEA, at its discretion, may announce, promote,
implement, and use grant funds for testing--
[[Page 42562]]
(a) In schools assigned to the second wave of implementation;
(b) Students in any grade 6 through 12 who, along with their parent
or guardian, volunteer to be tested; and
(c) Students in grades 6 through 8 who participate in the school's
athletic programs or competitive, extra-curricular, school-sponsored
activities.
Eligibility and Application Requirements: We establish the
following eligibility requirements for applications submitted under
this program:
(1) LEAs are the only eligible applicants; and
(2) An applicant may not have been the recipient of, or a
participant in, a grant in 2005 under ED's School-Based Grants for
Student Drug-Testing Programs competition (84.184D).
The following requirements also apply to all applications submitted
under this program:
(1) An applicant may not submit more than one application for a
grant under the competition.
(2) In its application, an applicant must:
(a) Clearly identify the student population that will be in the
drug-testing pool including, to the extent feasible, the number of
students in the pool by grade, and demonstrate a significant need for
drug testing within the target population;
(b) Propose to test a minimum of 50 percent of the testing pool
annually, and use at least a five-panel test (marijuana, amphetamine,
cocaine, methamphetamine, and opiates);
(c) Explain how the proposed drug-testing program will be part of
an existing, comprehensive drug prevention program in the schools to be
served;
(d) Provide a comprehensive plan for referring students who are
identified through the testing program as users of illegal drugs or
legal medications taken without a prescription to a student assistance
program, counseling, or drug treatment if necessary;
(e) Provide a plan to ensure the confidentiality of drug-testing
results, including a provision that prohibits the party conducting drug
tests from disclosing to school officials any information about a
student's use of legal medications for which the student has a
prescription;
(f) Provide written assurances of the following:
(i) That results of student drug tests will not be disclosed to law
enforcement officials;
(ii) That results of student drug tests will be destroyed when the
student graduates or otherwise leaves the LEA or private school
involved;
(iii) That all positive drug tests will be subject to confirmation
by a method appropriate for the type of test administered and that
positive results will be reviewed and verified by a certified medical
review officer, a licensed physician who is also an expert in drug and
alcohol testing and the Federal regulations governing such testing;
(iv) That legal counsel has reviewed the proposed drug-testing
program and advised that the program activities do not appear to
violate established constitutional principles or State and Federal
requirements related to implementing a mandatory random student drug-
testing program;
(v) That all proposed activities will be carried out in accordance
with the requirements of the Family Educational Rights and Privacy Act
(FERPA) and the Protection of Pupil Rights Amendment (PPRA);
(vi) That the mandatory random student drug-testing program is
ready to begin no later than 9 months after receipt of the grant award.
We will consider a grantee's failure to achieve readiness to begin its
program within 9 months of the grant award as failure to make
substantial progress consistent with the requirements of the Education
Department General Administrative Regulations (EDGAR) in Sec.
75.253(a)(2)(i). This failure could result in loss of funding for year
two of the project period or termination of the grant;
(vii) That mandatory random student drug testing will be conducted
for the entire academic year in the schools selected to implement drug
testing; and
(viii) That schools randomly assigned to begin drug testing in year
one of the grant will not be required to consider students to be in the
testing pool at any specific point in time unless they are
participating in a covered activity (for example, all students
participating at that time in athletics and/or all students
participating at that time in competitive, extra-curricular, school-
sponsored activities).
(3) Funds awarded under this program may not be used for any of the
following purposes:
(a) Student drug tests administered under suspicion of drug use;
(b) Incentives for students to participate in the drug-testing
program;
(c) Drug treatment;
(d) Drug prevention curricula or other prevention programs;
(e) Drug tests for students in non-competitive, extra-curricular
activities who do not otherwise meet the eligibility criteria;
(f) Drug tests for students in co-curricular activities who do not
otherwise meet the eligibility criteria; or
(g) Drug tests for student drivers who park on campus who do not
otherwise meet the eligibility criteria.
Program Authority: 20 U.S.C. 7131.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81,
82, 84, 85, 97, 98, 99, and 299. (b) The notice of final priority,
eligibility and application requirements, and selection criteria
published elsewhere in this issue of the Federal Register.
Note: The regulations in part 79 apply to all applicants except
federally recognized Indian tribes.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $1,680,000. Contingent upon the
availability of funds, the Secretary may make additional awards in FY
2007 from the list of unfunded applicants from this competition.
Estimated Range of Awards: $70,000-$200,000.
Estimated Average Size of Awards: $140,000.
Estimated Number of Awards: 12.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 48 months. Projects will be funded for 12
months with an option for three additional 12-month periods, contingent
upon substantial progress by the grantee and the availability of funds.
III. Eligibility Information
1. Eligible Applicants: LEAs. Additional eligibility requirements
are listed in this notice in section I. Funding Opportunity
Description.
2. Cost Sharing or Matching: This program does not involve cost
sharing or matching.
3. Other:
(a) Participation by Private School Children and Teachers. LEAs
receiving an award under the Grants for School-Based Student Drug-
Testing Program are required to provide for the equitable participation
of private school children and their teachers or other educational
personnel. In order to ensure that grant program activities address the
needs of private school children, timely and meaningful consultation
with appropriate private school officials must occur during the design
and development of the program. This consultation must take place
before any decision is made that affects the
[[Page 42563]]
opportunities of eligible private school children, teachers, and other
educational personnel to participate. Administrative direction and
control over grant funds must remain with the grantee. See Section
9501, Participation by Private School Children and Teachers, of the
Elementary and Secondary Education Act of 1965, as amended by the No
Child Left Behind Act of 2001.
(b) Maintenance of Effort. An LEA may receive an award under the
Grants for School-Based Student Drug-Testing Programs only if the State
educational agency finds that the combined fiscal efforts per student
or the aggregate expenditures of the agency and the State with respect
to the provision of free public education by the agency for the
preceding fiscal year was not less than 90 percent of the combined
fiscal effort or aggregate expenditures for the second preceding fiscal
year. See Section 9521, Maintenance of Effort, of the Elementary and
Secondary Education Act of 1965, as amended by the No Child Left Behind
Act of 2001.
IV. Application Submission Information
1. Address To Request Application Package: Education Publications
Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll
free): 1-877-433-7827. Fax: 1-301-470-1244. If you use a
telecommunications device for the deaf (TDD), you may call (toll free):
1-877-576-7734.
You may also contact ED Pubs at its Web site: https://www.ed.gov/
pubs/edpubs.html or you may contact ED Pubs at its e-mail address:
edpubs@inet.ed.gov.
If you request an application from ED Pubs be sure to identify this
competition as follows: CFDA Number 84.184D.
You may also download the application from the Department of
Education's Web site at: https://www.ed.gov/fund/grant/apply/grantapps/
index.html.
Individuals with disabilities may obtain a copy of the application
in an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) by contacting the program contact person listed in
this section.
The public can also obtain applications directly from the program
office: Robyn Disselkoen or Charlotte Gillespie, U.S. Department of
Education, 400 Maryland Ave., SW., room 3E328, Washington, DC 20202-
6450. Telephone: (202) 260-1862 or by e-mail at
osdfsdrugtesting@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
2. Content and Form of Application Submission: Certain application
requirements for this competition are listed in this notice in section
I. Funding Opportunity Description. Additional 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: July 26,
2006. Deadline for Transmittal of Applications: September 5, 2006.
Applications for grants under this program must be submitted
electronically using the Electronic Grant Application System (e-
Application) available through the Department's e-Grants system. For
information (including dates and times) about how to submit your
application electronically or by mail or hand delivery if you qualify
for an exception to the electronic submission requirement, please refer
to section IV. 6. Other Submission Requirements in this notice.
We do not consider an application that does not comply with the
deadline requirements.
Deadline for Intergovernmental Review: October 4, 2006.
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. 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.
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.
a. Electronic Submission of Applications. Applications for grants
under the Grants for School-Based Student Drug-Testing Programs--CFDA
Number 84.184D--must be submitted electronically using e-Application
available through the Department's e-Grants system, accessible through
the e-Grants portal page at: https://e-grants.ed.gov.
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 regular hours of operation of the e-Grants Web site
are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until
midnight Saturday, Washington, DC time. Please note that the system is
unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on
Thursdays, Washington, DC time, for maintenance. 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
the Application for Federal Education Assistance (ED 424), Budget
Information--Non-Construction Programs (ED 524), and all necessary
assurances and certifications.
Any narrative sections of your application should be
attached as files in a .DOC (document), .RTF (rich text), or .PDF
(Portable Document) format. If you upload a file type other than the
file types specified above 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.
[[Page 42564]]
After you electronically submit your application, you will
receive an automatic acknowledgement 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 ED 424 to the Application Control
Center after following these steps:
(1) Print ED 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 ED 424.
(4) Fax the signed ED 424 to the Application Control Center at
(202) 245-6272.
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 System
Unavailability: If you are prevented from electronically submitting
your application on the application deadline date because the e-
Application system is unavailable, we will grant you an extension of
one business day in order to transmit your 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) The e-Application system 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) The e-Application system 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 acknowledgement of any system unavailability, you may
contact either (1) the person listed elsewhere in this notice under For
Further Information Contact (see VII. Agency Contacts) or (2) the e-
Grants help desk at 1-888-336-8930. If the system is down 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 the
Department's e-Application system.
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 the e-Application system because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
the Department's e-Application system; 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
prevent 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: Charlotte Gillespie,
U.S. Department of Education, 400 Maryland Avenue, SW., room 3E328,
Washington, DC 20202. fax: 202-260-7767.
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 applicable following address:
By mail through the U.S. Postal Service: U.S. Department of
Education, Application Control Center, Attention: CFDA Number 84.184D,
400 Maryland Avenue, SW., Washington, DC 20202-4260; or
By mail through a commercial carrier: U.S. Department of Education,
Application Control Center--Stop 4260, Attention: CFDA Number 84.184D,
7100 Old Landover Road, Landover, MD 20785-1506.
Regardless of which address you use, 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, or
(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, or
(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 84.184D, 550 12th Street, SW., Room 7041, Potomac Center
Plaza, Washington, DC 20202-4260.
The Application Control Center accepts hand deliveries daily
between 8 a.m. and 4:30 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 4 of the ED 424 the CFDA number--and suffix letter,
if any--of the competition under which you are submitting your
application.
(2) The Application Control Center will mail a grant application
receipt acknowledgment to you. If you do not receive the grant
application receipt acknowledgment 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.
You may access the electronic grant application for Grants for
School-Based Student Drug-Testing Programs at: https://e-grants.ed.gov.
V. Application Review Information
Selection Criteria: The selection criteria for this competition are
from the notice of final priority, eligibility and application
requirements, and selection
[[Page 42565]]
criteria published elsewhere in this issue of the Federal Register, 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 also notify you informally.
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 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.
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 expenditure information as specified by the Secretary in 34 CFR
75.118. We also may require more frequent performance reports in
accordance with 34 CFR 75.720(c). Note, however, that you will not be
expected to collect data on the key GPRA measures for this program
because the data will be collected and reported to ED by the national
evaluator.
4. Performance Measure: We have identified the following key GPRA
performance measure for the Grants for School-Based Student Drug-
Testing programs: The reduction of the incidence of drug use in the
past month and past year. The Secretary has set an overall performance
target that calls for the prevalence of drug use by students in the
target population to decline by 5 percent annually.
This measure constitutes the Department's indicator of success for
this program. The national evaluator will collect all data required to
report on GPRA in each year that grants are funded. Grantees will have
no requirement to collect and report this information.
VII. Agency Contacts
For Further Information Contact: Robyn Disselkoen or Charlotte
Gillespie, U.S. Department of Education, 400 Maryland Avenue, SW., room
3E328, Washington, DC 20202-6450. Telephone: 202 260-1862. e-mail
address: OSDFSdrugtesting@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at (toll free) 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 in this section.
VIII. Other Information
Electronic Access to This Document: You may 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: https://www.ed.gov/news/fedregister.
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Dated: July 21, 2006.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 06-6491 Filed 7-25-06; 8:45 am]
BILLING CODE 4000-01-P