Office of Safe and Drug-Free Schools; Overview Information; Carol M. White Physical Education Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2010, 34910-34917 [2010-14731]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34910-34917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14731]


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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools; Overview Information; Carol 
M. White Physical Education Program; Notice Inviting Applications for 
New Awards for Fiscal Year (FY) 2010

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.215F.
    Dates:
    Applications Available: June 18, 2010.
    Deadline for Transmittal of Applications: July 19, 2010.
    Deadline for Intergovernmental Review: September 16, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Carol M. White Physical Education Program 
(PEP) provides grants to local educational agencies (LEAs) and 
community-based organizations (CBOs) to initiate, expand, and improve 
physical education for students in grades K-12. Grant recipients must 
implement programs that help students make progress toward meeting 
State standards.
    Priorities: These priorities are from the notice of final 
priorities, requirements, and definitions for this program, published 
elsewhere in this issue of the Federal Register.
    Absolute Priority:
    For FY 2010 and any subsequent year in which we make awards from 
the list of unfunded applicants from this competition, this priority is 
an absolute priority. Under 34 CFR 75.105(c)(3), we consider only 
applications that meet this priority.
    The priority is:
    Under this priority, an applicant is required to develop, expand, 
or improve its physical education program and address its State's 
physical education standards by undertaking the following activities: 
(1) instruction in healthy eating habits and good nutrition and (2) 
physical fitness activities that must include at least one of the 
following: (a) Fitness education and assessment to help students 
understand, improve, or maintain their physical well-being; (b) 
instruction in a variety of motor skills and physical activities 
designed to enhance the physical, mental, and social or emotional 
development of every student; (c) development of, and

[[Page 34911]]

instruction in, cognitive concepts about motor skills and physical 
fitness that support a lifelong healthy lifestyle; (d) opportunities to 
develop positive social and cooperative skills through physical 
activity participation; or (e) opportunities for professional 
development for teachers of physical education to stay abreast of the 
latest research, issues, and trends in the field of physical education.
    Within this absolute priority, we are particularly interested in 
applications that address the following invitational priority.
    Invitational Priority: Under 34 CFR 75.105(c)(1) we do not give an 
application that meets this invitational priority a competitive or 
absolute preference over other applications.
    This priority is:
    Projects that propose to align their programs with the goals and 
principles of the U.S. Department of Agriculture's (USDA) HealthierUS 
School Challenge (HUSSC) initiative.
    Background. The USDA's HUSSC initiative was established in 2004 to 
recognize those schools participating in the National School Lunch 
Program that have created healthier school environments through 
promotion of nutrition and physical activity. Schools can apply for 
recognition at four levels of performance, Bronze, Silver, Gold, and 
Gold of Distinction. To qualify for an award, a school must submit a 
formal application to the USDA's Food and Nutrition Service and 
demonstrate that they meet basic criteria set forth by USDA. These 
criteria reflect the recommendations of the 2005 Dietary Guidelines for 
Americans and the Institute of Medicine's published recommendations for 
foods that should be served in schools, outside of the organized school 
lunch meals. HealthierUS Schools must also have a local school wellness 
policy as mandated by Congress. We believe that the intent of the HUSSC 
initiative complements the priorities and requirements in this notice, 
as well as helps schools meet the goals established by First Lady 
Michelle Obama's Let's Move! initiative focused on improving school 
food. Additional information about the HUSSC initiative is available at 
the USDA's Web site at: https://www.fns.usda.gov/tn/healthierus/.
    Competitive Preference Priorities: There are two competitive 
preference priorities for this competition. For FY 2010 and any 
subsequent year in which we make awards from the list of unfunded 
applicants from this competition, these priorities are competitive 
preference priorities. Under 34 CFR 75.105(c)(2)(ii) we will award up 
to an additional 5 points to an application that meets these 
priorities.

Competitive Preference Priority 1--Collection of Body Mass Index (BMI) 
Measurement

    Under 34 CFR 75.105(c)(2)(i), we will award an additional 2 points 
to an application that meets this priority.
    This priority is:
    We will give a competitive preference priority to applicants that 
agree to implement aggregate BMI data collection, and use it as part of 
a comprehensive assessment of health and fitness for the purposes of 
monitoring the weight status of their student population across time. 
Applicants are required to sign a Program-Specific Assurance that will 
commit them to:
    (a) Use the Centers for Disease Control and Prevention's (CDC) BMI-
for-age growth charts to interpret BMI results (https://www.cdc.gov/growthcharts);
    (b) Create a plan to develop and implement a protocol that will 
include parents in the development of their BMI assessment and data 
collection policies, including a mechanism to allow parents to provide 
feedback on the policy. Applicants are required to detail the following 
required components in their aggregate BMI data collection protocol: 
the proposed method for measuring BMI, who will perform the BMI 
assessment (i.e., staff members trained to obtain accurate and reliable 
height and weight measurements), the frequency of reporting, the 
planned equipment to be used, methods for calculating the planned 
sampling frame (if the applicant would use sampling), the policies used 
to ensure student privacy during measurement, how the data will be 
secured to protect student confidentiality, who will have access to the 
data, how long the data will be kept, and what will happen to the data 
after that time. Applicants that intend to inform parents of their 
student's weight status must include plans for notifying parents of 
that status, and must include their plan for ensuring that resources 
are available for safe and effective follow-up with trained medical 
care providers;
    (c) Create a plan to notify parents of the BMI assessment and to 
allow parents to opt out of the BMI assessment and reasonable 
notification of their choice to opt out. Unless the BMI assessment is 
permitted or required by State law, LEA applicants are required to 
detail their policies for providing reasonable notice of the adoption 
or continued use of such policies directly to the parents of the 
students enrolled in the LEA's schools served by the agency. At a 
minimum, the LEA must provide such notice at least annually, at the 
beginning of the school year and within a reasonable period of time 
after any substantive change in such policies, pursuant to the 
Protection of Pupil Rights Amendment, 20 U.S.C. 1232h(c)(2)(A); and
    (d) De-identify the student information (such as by removing the 
student's name and any identifying information from the record and 
assigning a record code), aggregate the BMI data at the school or 
district level, and make the aggregate data publicly available and 
easily accessible to the public annually. Applicants must describe 
their plan for the level of reporting they plan to use, depending on 
the size of the population, such as at the district level or the school 
level. Applicants must also detail in their application their plan for 
how these data will be used in coordination with other required data 
for the program, such as fitness, physical activity, and nutritional 
intake measures, and how the combination of these measures will be used 
to improve physical education programming and policy.
    On June 18, 1991, 17 Federal Departments and Agencies, including 
the Department of Education, adopted a common set of regulations known 
as the Federal Policy for the Protection of Human Subjects or ``Common 
Rule.'' See 34 CFR part 97. Applicants that engage in BMI data 
collection may be subject to the Department's Protection of Human 
Subjects regulations if the data are used in research funded by the 
Federal government or for any future research conducted by an 
institution that has adopted the Federal policy for all research of 
that institution. The regulations define research as ``a systematic 
investigation, including research development, testing and evaluation, 
designed to develop or contribute to generalizable knowledge. 
Activities that meet this definition constitute research for purposes 
of this policy, whether or not they are conducted or supported under a 
program which is considered research for other purposes. For example, 
some demonstration and service programs may include research 
activities.'' 34 CFR 97.102(d). Information on Human Subjects 
requirements is found at:  https://www.ed.gov/about/offices/list/ocfo/humansub.html.
    Applications that do not provide a Program-Specific Assurance 
signed by an Authorized Representative committing the applicant to 
completing previously listed tasks (a) through (d) during their project 
period are not

[[Page 34912]]

eligible for additional points under competitive preference priority 1.
    In implementing this priority, we encourage applicants to consult 
with their partners to determine if and how any of the partners could 
contribute to the data collection, reporting, or potential referral 
processes.

Competitive Preference Priority 2-- Partnerships Between Applicants and 
Supporting Community Entities

    Under 34 CFR 75.105(c)(2)(i), we will award an additional 3 points 
to an application that meets this priority.
    This priority is:
    We will give a competitive preference priority to an applicant that 
includes in its application an agreement that details the participation 
of required partners, as defined in this notice. The agreement must 
include a description of: (1) Each partner's roles and responsibilities 
in the project; (2) how each partner will contribute to the project, 
including any contribution to the local match; (3) an assurance that 
the application was developed after timely and meaningful consultation 
between the required parties, as defined in this notice; and (4) a 
commitment to work together to reach the desired goals and outcomes of 
the project. The partner agreement must be signed by the Authorized 
Representative of each of the required partners and by other partners 
as appropriate.
    For an LEA applicant, this partnership agreement must include: (1) 
The LEA; (2) at least one CBO; (3) a local public health entity, as 
defined in this notice; (4) the LEA's food service or child nutrition 
director; and (5) the head of the local government, as defined in this 
notice.
    For a CBO applicant, the partnership agreement must include: (1) 
The CBO; (2) a local public health entity, as defined in this notice; 
(3) a local organization supporting nutrition or healthy eating, as 
defined in this notice; (4) the head of the local government, as 
defined in this notice; and (5) the LEA from which the largest number 
of students expected to participate in the CBO's project attend. If the 
CBO applicant is a school, such as a parochial or other private school, 
the applicant must describe its school as part of the partnership 
agreement but is not required to provide an additional signature from 
an LEA or another school. A CBO applicant that is a school and serves 
its own population of students is required to include another CBO as 
part of its partnership and include the head of that CBO as a signatory 
on the partnership agreement.
    Although partnerships with other parties are required for this 
priority, the eligible applicant must retain the administrative and 
fiscal control of the project.

Requirements

    The Assistant Deputy Secretary for Safe and Drug-Free Schools 
establishes 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.

Requirement 1--Align Project Goals With Identified Needs Using the 
School Health Index

    Applicants must complete the physical activity and nutrition 
questions in Modules 1-4 of the CDC's SHI self-assessment tool and 
develop project goals and plans that address the identified needs. 
Modules 1-4 are School Health and Safety Policies and Environment, 
Health Education, Physical Activity and Other Physical Activity 
Programs, and Nutrition Services. LEA applicants must use the SHI self-
assessment to develop a School Health Improvement Plan focused on 
improving these issues, and design an initiative that addresses their 
identified gaps and weaknesses. Applicants must include their Overall 
Score Card for the questions answered in Modules 1-4 in their 
application, and correlate their School Health Improvement Plan to 
their project design. Grantees must also complete the same modules of 
the SHI at the end of the project period and submit the Overall Score 
Card from the second assessment in their final reports to demonstrate 
SHI completion and program improvement as a result of PEP funding.
    If a CBO applicant (unless the CBO is a school) is in a partner 
agreement with an LEA or school, it must collaborate with its partner 
or partners to complete Modules 1-4 of the SHI.
    Alternatively, if the CBO has not identified a school or LEA 
partner, the CBO is not required to do Modules 1-4 of the SHI but must 
use an alternative needs assessment tool to assess the nutrition and 
physical activity environment in the community for children. CBO 
applicants are required to include their overall findings from the 
community needs assessment and correlate their findings with their 
project design. Grantees will be required to complete the same needs 
assessment at the end of their project and submit their findings in 
their final reports to demonstrate the completion of the assessment and 
program involvement as a result of PEP funding.

Requirement 2--Nutrition- and Physical Activity-Related Policies

    Grantees must develop, update, or enhance physical activity 
policies and food- and nutrition-related policies that promote healthy 
eating and physical activity throughout students' everyday lives, as 
part of their PEP projects. Applicants must describe in their 
application their current policy framework, areas of focus, and the 
planned process for policy development, implementation, review, and 
monitoring. Grantees will be required to detail at the end of their 
project period in their final reports the physical activity and 
nutrition policies selected and how the policies improved through the 
course of the project.
    Applicants must sign a Program-Specific Assurance that commits them 
to developing, updating, or enhancing these policies during the project 
period. Applicants that do not submit such a Program-Specific Assurance 
signed by the applicant's Authorized Representative are ineligible for 
the competition.

Requirement 3--Linkage With Local Wellness Policies

    Applicants that are participating in a program authorized by the 
Richard B. Russell National School Lunch Act and the Child Nutrition 
and WIC Reauthorization Act of 2004 must describe in their applications 
their school district's established local wellness policy and how the 
proposed PEP project will align with, support, complement, and enhance 
the implementation of the applicant's local wellness policy. The LEA's 
local wellness policy should address all requirements in the Child 
Nutrition and WIC Reauthorization Act of 2004.
    CBO applicants must describe in their applications how their 
proposed projects would enhance or support the intent of the local 
wellness policies of their LEA partner(s), if they are working in a 
partnership group.
    If an applicant or a member of its partnership group does not 
participate in the school lunch program authorized by the Richard B. 
Russell National School Lunch Act and the Child Nutrition and WIC 
Reauthorization Act of 2004, it will not necessarily have a local 
wellness policy and, thus, is not required to meet this requirement or 
adopt a local wellness policy. However, we encourage those applicants 
to develop and adopt a local wellness policy, consistent with the 
provisions in the Richard B. Russell National School Lunch Act and the 
Child Nutrition and

[[Page 34913]]

WIC Reauthorization Act of 2004 in conjunction with its PEP project.
    Applicants must sign a Program-Specific Assurance that commits them 
to align their PEP project with the district's Local Wellness Policy, 
if applicable. Applicants to whom this requirement applies that do not 
submit a Program-Specific Assurance signed by the applicant's 
Authorized Representative are ineligible for the competition.

Requirement 4--Linkages With Federal, State, and Local Initiatives

    If an applicant is implementing the CDC's Coordinated School Health 
program, it must coordinate project activities with that initiative and 
describe in its application how the proposed PEP project would be 
coordinated and integrated with the program.
    If an applicant receives funding under the USDA's Team Nutrition 
initiative (Team Nutrition Training Grants), the applicant must 
describe in its application how the proposed PEP project supports the 
efforts of this initiative.
    An applicant for a PEP project in a community that receives a grant 
under the Recovery Act Communities Putting Prevention to Work--
Community Initiative must agree to coordinate its PEP project efforts 
with those under the Recovery Act Communities Putting Prevention to 
Work-Community Initiative.
    Applicants and PEP-funded projects must complement, rather than 
duplicate, existing, ongoing or new efforts whose goals and objectives 
are to promote physical activity and healthy eating or help students 
meet their State standards for physical education.
    Applicants must sign a Program-Specific Assurance that commits them 
to align their PEP project with the Coordinated School Health program, 
Team Nutrition Training Grant, Recovery Act Communities Putting 
Prevention to Work--Community Initiative, or any other similar Federal, 
State, or local initiatives. Applicants that do not submit a Program-
Specific Assurance signed by the applicant's Authorized Representative 
are ineligible for the competition.

Requirement 5--Updates to Physical Education and Nutrition Instruction 
Curricula

    Applicants that plan to use grant-related funds, including Federal 
and non-Federal matching funds, to create, update, or enhance their 
physical education or nutrition education curricula are required to use 
the Physical Education Curriculum Analysis Tool (PECAT) and submit 
their overall PECAT scorecard, and the curriculum improvement plan from 
PECAT. Also, those applicants that plan to use grant-related funds, 
including Federal and non-Federal matching funds to create, update, or 
enhance their nutrition instruction in health education must complete 
the healthy eating module of the Health Education Curriculum Analysis 
Tool (HECAT). Applicants must use the curriculum improvement plan from 
the HECAT to identify curricular changes to be addressed during the 
funding period. Applicants must also describe how the HECAT assessment 
would be used to guide nutrition instruction curricular changes. If an 
applicant is not proposing to use grant-related funds for physical 
education or nutrition instruction curricula, it would not need to use 
these tools.

Requirement 6--Equipment Purchases

    Purchases of equipment with PEP funds or with funds used to meet 
the program's matching requirement must be aligned with the curricular 
components of the proposed physical education and nutrition program. 
Applicants must commit to aligning the students' use of the equipment 
with PEP elements applicable to their projects, identified in the 
absolute priority in this notice, and any applicable curricula by 
signing a Program-Specific Assurance. Applicants that do not submit a 
Program-Specific Assurance signed by the applicant's Authorized 
Representative are ineligible for the competition.

Requirement 7--Increasing Transparency and Accountability

    Grantees must create or use existing reporting mechanisms to 
provide information on students' progress, in the aggregate, on the key 
program indicators, as described in this notice and required under the 
Government Performance and Results Act, as well as on any unique 
project-level measures proposed in the application. Grantees that are 
educational agencies or institutions are subject to applicable Federal, 
State, and local privacy provisions, including the Family Educational 
Rights and Privacy Act--a law that generally prohibits the non-
consensual disclosure of personally identifiable information in a 
student's education record. All grantees must comply with applicable 
Federal, State, and local privacy provisions. The aggregate-level 
information should be easily accessible by the public, such as posted 
on the grantee's or a partner's Web site. Applicants must describe in 
their application the planned method for reporting.
    Applicants must commit to reporting information to the public by 
signing a Program-Specific Assurance. Applicants that do not submit a 
Program-Specific Assurance signed by the applicant's Authorized 
Representative are ineligible for the competition.

Requirement 8--Participation in a National Evaluation

    Applicants must provide documentation of their commitment to 
participate in the Department's national evaluation. An LEA applicant 
must include a letter from the research office or research board 
approving its participation in the evaluation (if approval is needed), 
and a letter from the Authorized Representative agreeing to participate 
in the evaluation.

Requirement 9--Required Performance Measures and Data Collection 
Methodology

    Grantees must collect and report data on three GPRA measures using 
uniform data collection methods. Measure one assesses student physical 
activity levels: The percentage of students served by the grant who 
engage in 60 minutes of daily physical activity. Grantees are required 
to use pedometers for students in grades K-12 and an additional 3-Day 
Physical Activity Recall (3DPAR) instrument to collect data on students 
in grades 5-12.
    Measure two focuses on student health-related fitness levels: The 
percentage of students served by the grant who achieve age-appropriate 
cardiovascular fitness levels. Grantees are required to use the 20-
meter shuttle run, a criterion-referenced health-related fitness 
testing protocol, to assess cardiovascular fitness in middle and high 
school students.
    Measure three focuses on student nutrition: The percentage of 
students served by the grant who consume fruit two or more times per 
day and vegetables three or more times per day. Programs serving high 
school students are required to use the nutrition-related questions 
from the Youth Risk Behavior Survey to determine the number of students 
who meet these goals. Programs serving elementary and middle school 
students are not required to use a specific measurement tool, and may 
select an appropriate assessment tool for their population.
    For each measure, grantees are required to collect and aggregate 
data from four discrete data collection periods throughout each year. 
During the first year, grantees have an

[[Page 34914]]

additional data collection period prior to program implementation to 
collect baseline data.
    Program Authority: 20 U.S.C. 7261-7261f.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 86, 97, 98, 99, and 299. (b) The notice of final 
eligibility requirements for the Office of Safe and Drug-Free Schools 
discretionary grant programs published in the Federal Register on 
December 4, 2006 (71 FR 70369). (c) The notice of final priorities, 
requirements, and definitions published elsewhere in this issue of the 
Federal Register.

    Note:  The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.


    Note:  The regulations in 34 CFR part 86 apply to institutions 
of higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $39,729,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards later in FY 2010 and in 
subsequent years from the list of unfunded applicants from this 
competition.
    Estimated Range of Awards: $100,000-$750,000.
    Estimated Average Size of Awards: $427,000.
    Estimated Number of Awards: 93.

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

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: (a) LEAs, including charter schools that 
are considered LEAs under State law, and CBOs, including faith-based 
organizations provided that they meet the applicable statutory and 
regulatory requirements.
    (b) The Secretary limits eligibility under this discretionary grant 
competition to LEAs or CBOs that do not currently have an active grant 
under the PEP program. For the purpose of this eligibility requirement, 
a grant is considered active until the end of the grant's project or 
funding period, including any extensions of those periods that extend 
the grantee's authority to obligate funds.
    2. (a) Cost Sharing or Matching: In accordance with section 5506 of 
the Elementary and Secondary Education Act of 1965, as amended (ESEA), 
the Federal share of the project costs may not exceed (i) 90 percent of 
the total cost of a program for the first year for which the program 
receives assistance; and (ii) 75 percent of such cost for the second 
and each subsequent year.
    (b) Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. Funds made available under this 
program must be used to supplement, and not supplant, any other 
Federal, State, or local funds available for physical education 
activities in accordance with section 5507 of the ESEA.
    3. Other: An application for funds under this program may provide 
for the participation, in the activities funded, of (a) students 
enrolled in private nonprofit elementary schools or secondary schools, 
and their parents and teachers; or (b) home-schooled students, and 
their parents and teachers.

IV. Application and Submission Information

    1. Address to Request Application Package: Carlette Huntley, U.S. 
Department of Education, 400 Maryland Avenue, SW., Room 10071 PCP, 
Washington, DC 20202. Telephone: (202) 245-7871. You can also obtain an 
application package via the Internet. To obtain a copy via internet, 
use the following address: https://www.ed.gov/programs/whitephysed/applicant.html.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the program contact person listed 
under Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program.
    3. Submission Dates and Times:
    Applications Available: June 18, 2010.
    Deadline for Transmittal of Applications: July 19, 2010.
    Applications for grants under this program must be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site. For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 7. Other Submission 
Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: September 16, 2010.
    4. Intergovernmental Review: This program 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 program.
    5. Funding Restrictions: Funds may not be used for construction 
activities or for extracurricular activities, such as team sports and 
Reserve Officers' Training Corps program activities (See section 5503 
(c) of the ESEA).
    In accordance with section 5505(b) of the ESEA, not more than five 
percent of grant funds provided under this program to an LEA or CBO for 
any fiscal year may be used for administrative expenses.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice. Information about 
prohibited activities and use of funds also is included in the 
application package for this competition.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and Central Contractor Registry: To do business with the 
Department of Education, (1) You must have a Data Universal Numbering 
System (DUNS) number and a Taxpayer Identification Number (TIN); (2) 
you must register both of those numbers with the Central Contractor 
Registry (CCR), the Government's primary registrant database; and (3) 
you must provide those same numbers on your application.
    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number 
can be created within one business day.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you

[[Page 34915]]

can obtain a TIN from the Internal Revenue Service or the Social 
Security Administration. If you need a new TIN, please allow 2-5 weeks 
for your TIN to become active.
    The CCR registration process may take five or more business days to 
complete. If you are currently registered with the CCR, you may not 
need to make any changes. However, please make certain that the TIN 
associated with your DUNS number is correct. Also note that you will 
need to update your CCR registration on an annual basis. This may take 
three or more business days to complete.
    7. 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.
    a. Electronic Submission of Applications.
    Applications for grants under the Carol M. White Physical Education 
Program--CFDA Number 84.215F must be submitted electronically using e-
Application, accessible through the Department's e-Grants Web site at: 
https://e-grants.ed.gov.
    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.
    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 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application 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 hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. 
on Thursdays, Washington, DC time. 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 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications. You must attach any narrative sections of your 
application as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format. If you upload a file type other than the 
three file types specified in this paragraph 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.
     After you electronically submit your application, you will 
receive an automatic acknowledgment 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 SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 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 SF 424.
    (4) Fax the signed SF 424 to the Competition Manager for this 
program, Carlette Huntley at 202-245-7166.
     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 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you 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) E-application 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) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 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 acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due 
to technical problems with the system 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 e-Application.
    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 e-Application because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
e-Application;
    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 
prevents 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.

[[Page 34916]]

    Address and mail or fax your statement to: Carlette Huntley, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 10071, Potomac 
Plaza Center, Washington, DC 20202-6450. FAX: (202) 245-7166. 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 following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.215F), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    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.
    (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.
    (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 84.215F), 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 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this grant notification 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.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR 75.210 and are listed in the application package.
    2. Review and Selection Process: An additional factor we consider 
in selecting an application for an award is equitable distribution of 
awards among LEAs and CBOs serving urban and rural areas. (See 20 
U.S.C. 7261e(b).)

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 notify you informally, also.
    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: There are reporting requirements under this program, 
including under section 5505(a) of the ESEA and 34 CFR 75.118 and 
75.720. In accordance with section 5505(a) of the ESEA, grantees under 
this program are required to submit an annual report that--
    (1) Describes the activities conducted during the preceding year; 
and
    (2) Demonstrates that progress has been made toward meeting State 
standards for physical education.
    If you receive a multi-year award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c).
    This annual report must also address progress toward meeting the 
performance and efficiency measures established by the Secretary for 
this program and described in the next section of this notice.
    At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720. For specific requirements on reporting, 
please go to https://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: The Secretary has established the 
following key performance measures for collecting data to use in 
assessing the effectiveness of PEP.
    (a) The percentage of students served by the grant who engage in 60 
minutes of daily physical activity.
    (b) The percentage of students served by the grant who achieve age-
appropriate cardiovascular fitness levels.
    (c) The percentage of students served by the grant who consume 
fruit two or more times per day and vegetables three or more times per 
day.
    (d) The cost (based on the amount of the grant award) per student 
who achieves the level of physical activity required to meet the 
physical activity measures above (percentage of students who engage in 
60 minutes of daily physical activity).
    These measures constitute the Department's measures of success for 
this program. Consequently, applicants for a grant under this program 
are advised to give careful consideration to these measures in 
conceptualizing the approach and evaluation of their proposed project. 
If funded, applicants will be asked to collect and report data in their 
performance and final reports about progress toward these measures. For 
specific requirements on grantee reporting, please go to https://www.ed.gov/fund/grant/apply/appforms/appforms.html.

VII. Agency Contact

    For Further Information Contact: Carlette Huntley, U.S. Department 
of Education, 550 12th Street, SW., room 10071, Potomac Center Plaza,

[[Page 34917]]

Washington, DC 20202-6450. Telephone: 202-245-7871 or by e-mail: 
Carlette.Huntley@ed.gov.
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package 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 in section VII of this notice.
    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.

    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: June 14, 2010.
Kevin Jennings,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 2010-14731 Filed 6-15-10; 4:15 pm]
BILLING CODE 4000-01-P