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###### Department of Education

*Catalog of Federal Domestic Assistance (CFDA) Number:*                         84.215E.                    

*Dates: Applications Available:*                     January 12, 2010.                

*Deadline for Transmittal of Applications:*                     February 26, 2010.                

*Deadline for Intergovernmental Review:*                     April 27, 2010.                

## Full Text of Announcement

## I. Funding Opportunity Description

*Purpose of Program:*                     The purpose of the Elementary and Secondary School Counseling program is to support efforts by local educational agencies (LEAs) to establish or expand elementary school and secondary school counseling programs.                

*Priority:*                     In accordance with 34 CFR 75.105(b)(2)(iv), this priority is from section 5421 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7245).                

*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.                

This priority is:

Establish or expand counseling programs in elementary schools, secondary schools, or both.

*Definitions:*                     The following definitions are from 34 CFR part 77 and apply to this competition:                

*Elementary school*                     means a day or residential school that provides elementary education, as determined under State law.                

*Secondary school*                     means a day or residential school that provides secondary education, as determined under State law. In the absence of State law, the Secretary may determine, with respect to that State, whether the term includes education beyond the twelfth grade.                

Under this competition we are particularly interested in applications that address the following priority.

*Invitational 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 invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute priority over other applications.                

This priority is:

### Low-Achieving Schools

Projects that are designed to dramatically improve student achievement in schools identified for corrective action or restructuring under Title I of the ESEA or in secondary schools with graduation rates of less than 60 percent through either comprehensive interventions or targeted approaches to reform.

Program Authority: 20 U.S.C. 7245.

*Applicable Regulations:*                     (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 82, 84, 85, 97, 98, 99, and 299. (b) The notice of final 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).                

# Note: 

The regulations in 34 CFR part 79 apply to all applicants except Federally recognized Indian Tribes.

## II. Award Information

*Type of Award:*                     Discretionary grants.                

*Estimated Available Funds:*                     $15,437,591.                

Contingent upon the availability of funds and the quality of applications, we may make additional awards later in FY 2010 and in FY 2011 from the list of unfunded applicants from this competition.

*Estimated Range of Awards:*                     $250,000-$400,000.                

*Estimated Average Size of Awards:*                     $350,000.                

*Maximum Award:*                     $400,000.                

# Note: 

Section 5421(a)(5) of the ESEA limits the amount of a grant under this program in any one year to a maximum of $400,000.

*Estimated Number of Awards:*                     44.                

# Note: 

Section 5421(g)(1) of the ESEA requires that for any fiscal year in which the amount of funds made available by the Secretary for this program equals or exceeds $40,000,000, the Secretary shall award not less than $40,000,000 to enable LEAs to establish or expand counseling programs in elementary schools. Under this notice applicants may propose projects that establish or expand counseling programs in elementary schools, secondary schools, or both.

# Note: 

We will use the highest grade level an applicant proposes to serve under its grant, along with the information obtained by examining the applicant State's law that defines what grade levels constitute an elementary school in the State, to determine if the application will be considered for funding from amounts available for elementary school counseling programs only or from amounts available for elementary or secondary school counseling programs or both.

# Note: 

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

*Project Period:*                     Up to 36 months. Budgets should be developed for each year of funding requested up to 36 months.                

## III. Eligibility Information

                    1.                     *Eligible Applicants:*                     (a) LEAs, including charter schools that are considered LEAs under State law.                

(b) LEAs that currently have an active grant under the Elementary and Secondary School Counseling Program are not eligible to apply for an award in this competition. 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:*                     This program does not require cost sharing or matching.                

                    b.                     *Supplement-Not-Supplant:*                     This program involves supplement-not-supplant funding requirements. Section 5421(b)(2)(G) of the ESEA requires applicants under this program to assure that program funds will be used to supplement, and not supplant, any other Federal, State, or local funds used for providing school-based counseling and mental health services to students.                

## IV. Application and Submission Information

                    1.                     *Address to Request Application Package:*                     You can obtain an application package via the Internet or from the                           ( print page 1612)                        Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address:                     *http://www.ed.gov/​programs/​elseccounseling/​applicant.html.*                     To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX: (301) 470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734.                

                    You can contact ED Pubs at its Web site, also:                     *http://www.ed.gov/​pubs/​edpubs.html*                     or at its e-mail address:                     *edpubs@inet.ed.gov.*

If you request an application from ED Pubs, be sure to identify this program or competition as follows: CFDA number 84.215E.

                    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:*                     January 12, 2010.                

*Deadline for Transmittal of Applications:*                     February 26, 2010.                

                    Applications for grants under this program may be submitted electronically using the Electronic Grant Application System (e-Application) accessible through the Department's e-Grants site, or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6.                     *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:*                     April 27, 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:*                     Section 5421(d) of the ESEA requires that no more than four percent of a grant award may be used for administrative costs to carry out the project. We reference additional regulations outlining funding restrictions in the                     *Applicable Regulations*                     section of this notice.                

                    6.                     *Other Submission Requirements:*                     Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery.                

### a. Electronic Submission of Applications

                    If you choose to submit your application to us electronically, you must use e-Application, accessible through the Department's e-Grants Web site at:                     *http://e-grants.ed.gov.*

While completing your electronic application, you will be entering data online that will be saved into a database. You may not e-mail an electronic copy of a grant application to us.

Please note the following:
    - Your participation in e-Application is voluntary.
    - 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 4:30:00 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 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 Application Control Center at (202) 245-6272.
    - We may request that you provide us original signatures on other forms at a later date.

*Application Deadline Date Extension in Case of System 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                          ( print page 1613)    

(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. If e-Application is available, and, for any reason, you are unable to submit your application electronically or you do not receive an automatic acknowledgment of your submission, you may submit your application in paper format by mail or hand delivery in accordance with the instructions in this notice.

### b. Submission of Paper Applications by Mail

If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), 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 84.215E), 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 submit your application in paper format by hand delivery, you (or a courier service) 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 84.215E), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.

The Application Control Center accepts hand deliveries daily between 8:00 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 of EDGAR and are listed in the application package.                

                    2.                     *Review and Selection Process:*                     Additional factors we consider in selecting an application for an award are from section 5421(a)(3) of the ESEA, which requires an equitable geographic distribution among the regions of the United States and among LEAs located in urban, rural, and suburban areas.                

## 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:*                     At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and 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). For specific requirements on reporting, please go to                     *http://www.ed.gov/​fund/​grant/​apply/​appforms/​appforms.html.*

                    4.                     *Performance Measures:*                     The Department has established the following Government Performance and Results Act of 1993 (GPRA) performance measures for the Elementary and Secondary School Counseling Program:                

(1) The percentage of grantees closing the gap between their student/mental health professional ratios and the student/mental health professional ratios recommended by the statute; and

(2) The average number of referrals per grant site that are made for disciplinary reasons in schools participating in the program.

These measures constitute the Department's indicators of success for this program. Consequently, we advise an applicant for a grant under this program to give careful consideration to these measures in conceptualizing the approach and evaluation for the applicant's proposed project. Each grantee will be required to provide, in its annual performance and final reports, data about the grantee's progress against these measures.

## VII. Agency Contacts

*For Further Information Contact:*                     Loretta McDaniel, U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center Plaza, room 10080, Washington, DC 20202-6450. Telephone: (202) 245-7870 or by e-mail:                     *Loretta.McDaniel@ed.gov.*

If you use a TDD, call the Federal Relay Service, toll free, at 1-800-877-8339.

## VIII. Other Information

*Accessible Format:*                     Individuals with disabilities can obtain this document                           ( print page 1614)                        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:                     *http://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:                         *http://www.gpoaccess.gov/​nara/​index.html.*

Dated: January 6, 2010.

Kevin Jennings,

Assistant Deputy Secretary for Safe and Drug-Free Schools.

[FR Doc. 2010-390 Filed 1-11-10; 8:45 am]

BILLING CODE 4000-01-P