Readiness and Emergency Management for Schools Grant Program, 78757-78761 [E8-30578]
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
Board for Education Sciences. The
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Sue Betka,
Acting Director, Institute of Education
Sciences.
[FR Doc. E8–30459 Filed 12–22–08; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Readiness and Emergency
Management for Schools Grant
Program
Catalog of Federal Domestic
Assistance (CFDA) Number: 84.184E.
AGENCY: Office of Safe and Drug-Free
Schools, Department of Education.
ACTION: Notice of proposed priorities
and requirements.
SUMMARY: The Assistant Deputy
Secretary for Safe and Drug-Free
Schools proposes priorities and
requirements for the Readiness and
Emergency Management for Schools
(REMS) grant program. The Assistant
Deputy Secretary may use one or more
of these priorities or requirements for
competitions in fiscal year (FY) 2009
and later years. The REMS program was
established in FY 2003 to provide
resources to local educational agencies
(LEAs) to supportimproving and
enhancing emergency management
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plans. Since the initial competition, the
program has undergone several program
refinements designed to respond to
changes in the emergency management
field and the identification of key
emergency management priorities. In an
effort to continue to refine the REMS
program, we are publishing these
revised priorities and requirements. We
propose this action in order to focus
Federal financial assistance on
supporting grants that will increase the
capacity of LEAs to prevent and
mitigate, prepare for, respond to, and
recover from emergencies. This action is
also intended to focus funding on LEAs
that have not previously received
funding under this program and to
establish other core program
requirements.
DATES: We must receive your comments
on or before January 22, 2009.
ADDRESSES: Address all comments about
the proposed priorities and
requirements to Sara Strizzi, U.S.
Department of Education, 1391 Speer
Boulevard, Suite 800, Denver, CO
80204. Telephone: (303) 346–0924.
If you prefer to send your comments
through the Internet, use the following
address: sara.strizzi@ed.gov. You must
include the term ‘‘FY 09 REMS NPP’’ in
the subject line of your electronic
message.
FOR FURTHER INFORMATION CONTACT: Sara
Strizzi. 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 (FRS), toll free, at
1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding this
notice. To ensure that your comments
have maximum effect in developing the
notice of final priorities and
requirements, we urge you to identify
clearly the specific proposed priority or
requirement that each comment
addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Order 12866
and its overall requirement of reducing
regulatory burden that might result from
these proposed priorities and
requirements. Please let us know of any
further ways we could reduce potential
costs or increase potential benefits
while preserving the effective and
efficient administration of the program.
During and after the comment period,
you may inspect all public comments
about this notice in room 10001, 550
12th Street, SW., Washington, DC,
between the hours of 8:30 a.m. and 4
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p.m., Washington, DC, time, Monday
through Friday of each week except
Federal holidays.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
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 or 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 allhazards 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.
Applicable Program Regulations: 34
CFR part 299.
Proposed Priorities
This notice contains three proposed
priorities.
Proposed Priority 1—LEA Projects
Designed To Develop and Enhance
Local Emergency Management Capacity
Background
The REMS grant program was
established to provide Federal financial
assistance to support LEAs in improving
and strengthening emergency
management plans at the LEA and
school-building levels. Because
emergency management planning is a
continuous process in which plans
should be reviewed and revised on a
regular basis, the REMS program seeks
to support activities designed to assist
LEAs in developing sustainable
emergency management efforts. A key
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aspect of ensuring sustainability is
increasing LEA capacity to implement
all aspects of emergency management,
including conducting vulnerability
assessments, developing and updating
written emergency procedures, training
staff, and conducting drills and
exercises. Working with local
community partners, such as law
enforcement, public safety, mental
health, and public health agencies, and
local government, and ensuring that
LEA staff possess the requisite
knowledge and expertise to carry out
key emergency management tasks are
critical in ensuring sustainability.
Since the initial competition under
this program in FY 2003, our experience
in reviewing grantee program activities
and outcomes suggests that grantees
whose projects do not focus on
developing the capacity of LEA staff and
first responders are likely to find it
challenging to sustain their project
activities and continue to meet the
LEA’s ongoing emergency management
needs. Based upon this experience, we
have identified a need to focus this
program more specifically on increasing
local emergency management capacity.
Proposed Priority: Under this
proposed priority, we support 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, 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/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 the continual review of
policies and procedures.
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Proposed Priority 2—Priority for LEAs
That Have Not Previously Received a
Grant Under the REMS Program (CFDA
84.184E) and Are Located in an Urban
Areas Security Initiative Jurisdiction
Background
In FY 2003, the Department of
Homeland Security established the
Urban Areas Security Initiative (UASI)
to focus Federal preparedness resources
on the unique planning, equipment,
training, and exercise needs of highthreat, high-density urban areas. The
intent of the UASI is to create a
sustainable national model program that
will enhance security and overall
preparedness in order to prevent,
respond to, and recover from acts of
terrorism. Jurisdictions’ inclusion in the
UASI is determined by a formula using
a combination of current threat
estimates, critical assets within the
specific urban area, and population
density.
The Governor of each State has
designated a State Administrative
Agency (SAA) as the entity responsible
for applying for, and administering,
funds under the U.S. Department of
Homeland Security Grant Program
(which includes the UASI). The SAA is
also responsible for defining the
geographic borders for jurisdictions
included in the UASI.
Ensuring that LEAs are adequately
prepared for multiple hazards is a
significant national concern. LEAs
located in vulnerable, high-density areas
have unique emergency management
planning needs. While many LEAs in
UASI jurisdictions have received
funding under the REMS program in
prior years, a number of LEAs located in
UASI jurisdictions have not received the
resources needed to improve and
enhance their emergency management
plans. In order to help meet the needs
of these LEAs, we propose a priority for
LEAs, including educational services
agencies (ESAs), that have not
previously received a grant under this
program and are located within UASI
jurisdictions.
Proposed Priority: We give a priority
to applications from LEAs that (1) have
not yet received a grant under this
program (CFDA 84.184E) and (2) are
located in whole or in part within Urban
Areas Security Initiative (UASI)
jurisdictions, as determined by the U.S.
Department of Homeland Security
(DHS). Applicants, including
educational services 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
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ESAs, must meet both criteria to meet
this priority.
Because DHS’s 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.
Proposed Priority 3—Priority for
Applicants That Have Not Previously
Received a Grant Under the REMS
Program (CFDA 84.184E)
Background
Ensuring that schools are attempting
to prevent or mitigate, prepared to
respond to, and equipped to recover
from emergency situations that may
arise from multiple hazards, including
natural and man-made, is an issue of
national importance. Since FY 2003,
606 projects have received funding
under the REMS grant program to
improve and enhance emergency
management plans, a significant number
but a small percentage of the total
number of LEAs within the United
States. To address the emergency
management planning needs of LEAs
that have not previously received
funding under this program, we propose
a priority for LEAs, including
educational services agencies (ESAs),
that have not yet received a grant under
this program.
By establishing this priority, we hope
to ensure that REMS grant funds reach
greater numbers of schools and students
whose emergency management planning
needs have not previously been
addressed.
Proposed Priority: We give priority to
applications from LEAs that have not
previously received a grant under this
program (CFDA 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:
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Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Proposed Requirements
Background
The REMS program is intended to
provide resources to LEAs to assist in
the development of comprehensive,
sustainable emergency management
plans at the LEA and school-building
levels. Creating and maintaining such
plans should be accomplished through
close collaboration between the LEA
and local community partners and
should be coordinated with other State
and local emergency management
efforts. Collaboration and coordination
at the local level will ensure that
emergency management plans are
customized to address local risks and
vulnerabilities, taking local resources,
assets, and response times into
consideration, and will prevent
duplication of effort.
Further under the REMS program, all
LEAs will develop customized
emergency management plans at the
LEA and school-building levels that
include plans for addressing the
outbreak of infectious diseases, plans for
ensuring food safety, and plans for
addressing the needs of individuals
with disabilities in an emergency.
Preventing infectious diseases and
ensuring a safe and healthy school
environment is a significant component
of emergency management planning. In
addition to causing widespread illness,
an especially severe influenza pandemic
could result in widespread school
closings, absenteeism, and disruptions
to the learning environment. Whether or
not a pandemic strikes, seasonal
influenza and other infectious diseases
continue to pose a concern with respect
to the health of students as well as the
functioning of schools. Although it may
be difficult to prevent a widespread
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pandemic or other infectious disease
outbreak, the effects can be mitigated
through proper prevention and planning
strategies.
The protection of school food
supplies against intentional
contaminants is another critical
component of emergency management.
Effective food defense planning protects
against intentional contamination of
food, water, or facilities through the
introduction of chemical or biological
hazards by individuals seeking to harm
students and staff. To help protect
school food supplies, emergency
management plans should include a
written food defense plan designed to
protect food storage, preparation, and
delivery areas.
Comprehensive emergency
management plans should include
procedures that address the
communication, medical, and
evacuation needs of individuals with
disabilities. Such procedures should be
customized for each individual based
upon input from parents and guardians,
teachers, first responders, and the
individuals themselves. Schools may
also need to develop general plans for
individuals with disabilities for use in
congregate settings such as athletic
events, graduations, or community
meetings.
Emergency management plans should
be based on the most current emergency
management practices as established by
the National Incident Management
System (NIMS). In accordance with
Homeland Security Presidential
Directive/HSPD–5, the NIMS provides a
consistent approach for Federal, State,
and local governments to work
effectively and efficiently together to
prepare for, prevent, respond to, and
recover from domestic incidents,
regardless of cause, size, or complexity.
Ensuring that public agencies at all
levels of government, including LEAs,
are implementing common emergency
management principles, terminology,
and organizational processes is critical
to ensuring an effective and efficient
response to an emergency.
Implementation of the NIMS is a
dynamic process that will continue to
evolve over time. In order to receive
Federal preparedness funding under the
REMS program, LEAs must cooperate
with the efforts of their communities to
meet the minimum NIMS requirements
established for each fiscal year.
Proposed Requirements
The Assistant Deputy Secretary
proposes the following requirements for
this program. We may apply one or
more of these requirements in any year
in which this program is in effect.
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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 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 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
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requirements of their 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 (Mitigation/Prevention,
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 (PreventionMitigation, 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.
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
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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 https://www.fema.gov/emergency/
nims/.
Final Priorities and Requirements
We will announce the final priorities
and requirements in a notice in the
Federal Register. We will determine the
final priorities and requirements after
considering responses to this notice and
other information available to the
Department. 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 or
requirements, we invite applications through
a notice in the Federal Register.
Executive Order 12866
This notice has been reviewed in
accordance with Executive Order 12866.
Under the terms of the order, we have
assessed the potential costs and benefits
of this regulatory action.
The potential costs associated with
this proposed 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 proposed regulatory
action, we have determined that the
benefits of the proposed priorities and
requirements justify the costs.
We have determined, also, that this
proposed regulatory action does not
unduly interfere with State, local, and
tribal governments in the exercise of
their governmental functions.
Discussion of Costs and Benefits
The potential costs associated with
the proposed priorities and
requirements are minimal while the
benefits are significant.
Grantees may anticipate costs in
developing written infectious disease
and food defense plans, implementing
the NIMS requirements, and developing
emergency management plans for
individuals with disabilities. Grantees
may also anticipate costs in achieving
increased local emergency management
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capacity. However, these costs may be
included in the grant budget and,
therefore, will have little financial
impact on the applicant.
The benefit of the proposed priorities
and requirements is that grantees that
develop a comprehensive, NIMScompliant emergency management plan
that includes training and capacity
building for staff and plans for
addressing the needs of individuals
with disabilities, and is implemented in
coordination with community partners,
may prevent or mitigate the financial
and human impact of an emergency in
the LEA. In addition, by having written
plans designed to address infectious
diseases and protect the LEA’s food
supplies, LEAs may be able to prevent
or mitigate the adverse effects of these
hazards, which in turn could result in
significant savings in health care and
other financial costs for the school
community.
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:
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all other documents of this Department
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text or Adobe Portable Document
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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
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of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
VerDate Aug<31>2005
16:29 Dec 22, 2008
Jkt 217001
Dated: December 17, 2008.
Deborah A. Price,
Assistant Deputy Secretary for Safe and DrugFree Schools.
[FR Doc. E8–30578 Filed 12–22–08; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Teaching American History Grant
Program
Catalog of Federal Domestic
Assistance (CFDA) Number: 84.215X.
AGENCY: Office of Innovation and
Improvement, Department of Education.
ACTION: Notice of final revisions to
selection criteria.
SUMMARY: The Assistant Deputy
Secretary for Innovation and
Improvement announces selection
criteria under the Teaching American
History Grant (TAH) Program. The
Assistant Secretary may use these
selection criteria for competitions in
fiscal year (FY) 2009 and later years. We
take this action to provide the Secretary
with the flexibility to use selection
criteria (i) Established for the TAH
Program in the notice of final selection
criteria and other application
requirements, published in the Federal
Register on April 15, 2005 (70 FR
19939) (2005 Notice); (ii) from the menu
of general selection criteria in the
Education Department General
Administrative Regulations (EDGAR) in
34 CFR 75.210; (iii) based on statutory
provisions in accordance with 34 CFR
75.209; or (iv) from any combination of
(i) through (iii) for competitions in fiscal
year (FY) 2009 and in subsequent years.
We intend that this choice of selection
criteria will provide greater flexibility to
evaluate TAH Program applications.
DATES: Effective Date: These final
revisions to selection criteria are
effective January 22, 2009.
FOR FURTHER INFORMATION CONTACT: Mia
D. Howerton, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 4W212, Washington, DC 20202–
5960. Telephone: (202) 205–0147 or by
e-mail: mia.howerton@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: The TAH
Program is authorized under Title II,
Part C, Subpart 4 of the Elementary and
Secondary Education Act of 1965, as
amended by the No Child Left Behind
Act of 2001. The goal of the TAH
Program is to support activities that
raise student achievement by improving
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
78761
teachers’ knowledge, understanding,
and appreciation of American history.
Program Authority: 20 U.S.C. 6721.
We published a notice of proposed
revisions to selection criteria for this
program in the Federal Register on
October 29, 2008 (73 FR 64310). That
notice contained background
information and our reasons for
proposing these revisions to selection
criteria.
There is only one difference between
the proposed revisions to selection
criteria and these final revisions to
selection criteria.
Public Comment: In response to our
invitation in the notice of proposed
revisions to selection criteria, two
parties submitted comments.
We group major issues according to
subject. Generally, we do not address
technical and other minor changes.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the revisions to the selection
criteria since publication of the notice of
proposed revisions to selection criteria
follows.
Comment: A commenter questioned
what it means to expand the range of
selection criteria.
Discussion: Expanding the range of
selection criteria means that we will
now have a larger pool of criteria from
which to select for competitions under
the TAH Program. In prior competitions,
the Department was limited to using
only the selection criteria that was
established for the TAH Program in the
2005 Notice. With these final revisions
to selection criteria, the Department will
be able to use the selection criteria
established for the TAH Program in the
2005 Notice as well as selection criteria
chosen from the menu of general
selection criteria in the Education
Department General Administrative
Regulations (EDGAR) in 34 CFR 75.210,
selection criteria based on statutory
provisions in accordance with 34 CFR
75.209, or selection criteria from any
combination of these for competitions in
fiscal year (FY) 2009 and in subsequent
years.
Changes: None.
Comment: A commenter questioned
whether the selection criteria and the
point value assigned to each criterion
would remain constant from year to
year.
Discussion: The selection criteria for
the TAH Program and the point value
for each criterion (as well as the
maximum number of points assigned to
all selection criteria used for a
competition) may change each year
depending on the needs of the program.
We will announce the maximum
possible points assigned to each
E:\FR\FM\23DEN1.SGM
23DEN1
]]>Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78757-78761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30578]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Readiness and Emergency Management for Schools Grant Program
Catalog of Federal Domestic Assistance (CFDA) Number: 84.184E.
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of proposed priorities and requirements.
-----------------------------------------------------------------------
SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools
proposes priorities and requirements for the Readiness and Emergency
Management for Schools (REMS) grant program. The Assistant Deputy
Secretary may use one or more of these priorities or requirements for
competitions in fiscal year (FY) 2009 and later years. The REMS program
was established in FY 2003 to provide resources to local educational
agencies (LEAs) to supportimproving and enhancing emergency management
plans. Since the initial competition, the program has undergone several
program refinements designed to respond to changes in the emergency
management field and the identification of key emergency management
priorities. In an effort to continue to refine the REMS program, we are
publishing these revised priorities and requirements. We propose this
action in order to focus Federal financial assistance on supporting
grants that will increase the capacity of LEAs to prevent and mitigate,
prepare for, respond to, and recover from emergencies. This action is
also intended to focus funding on LEAs that have not previously
received funding under this program and to establish other core program
requirements.
DATES: We must receive your comments on or before January 22, 2009.
ADDRESSES: Address all comments about the proposed priorities and
requirements to Sara Strizzi, U.S. Department of Education, 1391 Speer
Boulevard, Suite 800, Denver, CO 80204. Telephone: (303) 346-0924.
If you prefer to send your comments through the Internet, use the
following address: sara.strizzi@ed.gov. You must include the term ``FY
09 REMS NPP'' in the subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Sara Strizzi. 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 (FRS), toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect in
developing the notice of final priorities and requirements, we urge you
to identify clearly the specific proposed priority or requirement that
each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
priorities and requirements. Please let us know of any further ways we
could reduce potential costs or increase potential benefits while
preserving the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about this notice in room 10001, 550 12th Street, SW.,
Washington, DC, between the hours of 8:30 a.m. and 4
[[Page 78758]]
p.m., Washington, DC, time, Monday through Friday of each week except
Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
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 or 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.
Applicable Program Regulations: 34 CFR part 299.
Proposed Priorities
This notice contains three proposed priorities.
Proposed Priority 1--LEA Projects Designed To Develop and Enhance Local
Emergency Management Capacity
Background
The REMS grant program was established to provide Federal financial
assistance to support LEAs in improving and strengthening emergency
management plans at the LEA and school-building levels. Because
emergency management planning is a continuous process in which plans
should be reviewed and revised on a regular basis, the REMS program
seeks to support activities designed to assist LEAs in developing
sustainable emergency management efforts. A key aspect of ensuring
sustainability is increasing LEA capacity to implement all aspects of
emergency management, including conducting vulnerability assessments,
developing and updating written emergency procedures, training staff,
and conducting drills and exercises. Working with local community
partners, such as law enforcement, public safety, mental health, and
public health agencies, and local government, and ensuring that LEA
staff possess the requisite knowledge and expertise to carry out key
emergency management tasks are critical in ensuring sustainability.
Since the initial competition under this program in FY 2003, our
experience in reviewing grantee program activities and outcomes
suggests that grantees whose projects do not focus on developing the
capacity of LEA staff and first responders are likely to find it
challenging to sustain their project activities and continue to meet
the LEA's ongoing emergency management needs. Based upon this
experience, we have identified a need to focus this program more
specifically on increasing local emergency management capacity.
Proposed Priority: Under this proposed priority, we support 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, 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/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 the continual review of policies and
procedures.
Proposed Priority 2--Priority for LEAs That Have Not Previously
Received a Grant Under the REMS Program (CFDA 84.184E) and Are Located
in an Urban Areas Security Initiative Jurisdiction
Background
In FY 2003, the Department of Homeland Security established the
Urban Areas Security Initiative (UASI) to focus Federal preparedness
resources on the unique planning, equipment, training, and exercise
needs of high-threat, high-density urban areas. The intent of the UASI
is to create a sustainable national model program that will enhance
security and overall preparedness in order to prevent, respond to, and
recover from acts of terrorism. Jurisdictions' inclusion in the UASI is
determined by a formula using a combination of current threat
estimates, critical assets within the specific urban area, and
population density.
The Governor of each State has designated a State Administrative
Agency (SAA) as the entity responsible for applying for, and
administering, funds under the U.S. Department of Homeland Security
Grant Program (which includes the UASI). The SAA is also responsible
for defining the geographic borders for jurisdictions included in the
UASI.
Ensuring that LEAs are adequately prepared for multiple hazards is
a significant national concern. LEAs located in vulnerable, high-
density areas have unique emergency management planning needs. While
many LEAs in UASI jurisdictions have received funding under the REMS
program in prior years, a number of LEAs located in UASI jurisdictions
have not received the resources needed to improve and enhance their
emergency management plans. In order to help meet the needs of these
LEAs, we propose a priority for LEAs, including educational services
agencies (ESAs), that have not previously received a grant under this
program and are located within UASI jurisdictions.
Proposed Priority: We give a priority to applications from LEAs
that (1) have not yet received a grant under this program (CFDA
84.184E) and (2) are located in whole or in part within Urban Areas
Security Initiative (UASI) jurisdictions, as determined by the U.S.
Department of Homeland Security (DHS). Applicants, including
educational services 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
[[Page 78759]]
ESAs, must meet both criteria to meet this priority.
Because DHS's 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.
Proposed Priority 3--Priority for Applicants That Have Not Previously
Received a Grant Under the REMS Program (CFDA 84.184E)
Background
Ensuring that schools are attempting to prevent or mitigate,
prepared to respond to, and equipped to recover from emergency
situations that may arise from multiple hazards, including natural and
man-made, is an issue of national importance. Since FY 2003, 606
projects have received funding under the REMS grant program to improve
and enhance emergency management plans, a significant number but a
small percentage of the total number of LEAs within the United States.
To address the emergency management planning needs of LEAs that have
not previously received funding under this program, we propose a
priority for LEAs, including educational services agencies (ESAs), that
have not yet received a grant under this program.
By establishing this priority, we hope to ensure that REMS grant
funds reach greater numbers of schools and students whose emergency
management planning needs have not previously been addressed.
Proposed Priority: We give priority to applications from LEAs that
have not previously received a grant under this program (CFDA 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 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)).
Proposed Requirements
Background
The REMS program is intended to provide resources to LEAs to assist
in the development of comprehensive, sustainable emergency management
plans at the LEA and school-building levels. Creating and maintaining
such plans should be accomplished through close collaboration between
the LEA and local community partners and should be coordinated with
other State and local emergency management efforts. Collaboration and
coordination at the local level will ensure that emergency management
plans are customized to address local risks and vulnerabilities, taking
local resources, assets, and response times into consideration, and
will prevent duplication of effort.
Further under the REMS program, all LEAs will develop customized
emergency management plans at the LEA and school-building levels that
include plans for addressing the outbreak of infectious diseases, plans
for ensuring food safety, and plans for addressing the needs of
individuals with disabilities in an emergency.
Preventing infectious diseases and ensuring a safe and healthy
school environment is a significant component of emergency management
planning. In addition to causing widespread illness, an especially
severe influenza pandemic could result in widespread school closings,
absenteeism, and disruptions to the learning environment. Whether or
not a pandemic strikes, seasonal influenza and other infectious
diseases continue to pose a concern with respect to the health of
students as well as the functioning of schools. Although it may be
difficult to prevent a widespread pandemic or other infectious disease
outbreak, the effects can be mitigated through proper prevention and
planning strategies.
The protection of school food supplies against intentional
contaminants is another critical component of emergency management.
Effective food defense planning protects against intentional
contamination of food, water, or facilities through the introduction of
chemical or biological hazards by individuals seeking to harm students
and staff. To help protect school food supplies, emergency management
plans should include a written food defense plan designed to protect
food storage, preparation, and delivery areas.
Comprehensive emergency management plans should include procedures
that address the communication, medical, and evacuation needs of
individuals with disabilities. Such procedures should be customized for
each individual based upon input from parents and guardians, teachers,
first responders, and the individuals themselves. Schools may also need
to develop general plans for individuals with disabilities for use in
congregate settings such as athletic events, graduations, or community
meetings.
Emergency management plans should be based on the most current
emergency management practices as established by the National Incident
Management System (NIMS). In accordance with Homeland Security
Presidential Directive/HSPD-5, the NIMS provides a consistent approach
for Federal, State, and local governments to work effectively and
efficiently together to prepare for, prevent, respond to, and recover
from domestic incidents, regardless of cause, size, or complexity.
Ensuring that public agencies at all levels of government, including
LEAs, are implementing common emergency management principles,
terminology, and organizational processes is critical to ensuring an
effective and efficient response to an emergency.
Implementation of the NIMS is a dynamic process that will continue
to evolve over time. In order to receive Federal preparedness funding
under the REMS program, LEAs must cooperate with the efforts of their
communities to meet the minimum NIMS requirements established for each
fiscal year.
Proposed Requirements
The Assistant Deputy Secretary proposes the following requirements
for this program. We may apply one or more of these requirements in any
year in which this program is in effect.
[[Page 78760]]
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 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
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 their
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
(Mitigation/Prevention, 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.
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 https://www.fema.gov/emergency/nims/.
Final Priorities and Requirements
We will announce the final priorities and requirements in a notice
in the Federal Register. We will determine the final priorities and
requirements after considering responses to this notice and other
information available to the Department. 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 or
requirements, we invite applications through a notice in the Federal
Register.
Executive Order 12866
This notice has been reviewed in accordance with Executive Order
12866. Under the terms of the order, we have assessed the potential
costs and benefits of this regulatory action.
The potential costs associated with this proposed 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 proposed regulatory action, we have determined
that the benefits of the proposed priorities and requirements justify
the costs.
We have determined, also, that this proposed regulatory action does
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Discussion of Costs and Benefits
The potential costs associated with the proposed priorities and
requirements are minimal while the benefits are significant.
Grantees may anticipate costs in developing written infectious
disease and food defense plans, implementing the NIMS requirements, and
developing emergency management plans for individuals with
disabilities. Grantees may also anticipate costs in achieving increased
local emergency management
[[Page 78761]]
capacity. However, these costs may be included in the grant budget and,
therefore, will have little financial impact on the applicant.
The benefit of the proposed priorities and requirements is that
grantees that develop a comprehensive, NIMS-compliant emergency
management plan that includes training and capacity building for staff
and plans for addressing the needs of individuals with disabilities,
and is implemented in coordination with community partners, may prevent
or mitigate the financial and human impact of an emergency in the LEA.
In addition, by having written plans designed to address infectious
diseases and protect the LEA's food supplies, LEAs may be able to
prevent or mitigate the adverse effects of these hazards, which in turn
could result in significant savings in health care and other financial
costs for the school community.
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: 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.
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/
nara/.
Dated: December 17, 2008.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. E8-30578 Filed 12-22-08; 8:45 am]
BILLING CODE 4000-01-P
