[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21542-21547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8616]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Elementary and Secondary School 
Counseling Programs

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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    Overview Information: Elementary and Secondary School Counseling 
Programs Notice inviting applications for new awards for fiscal year 
(FY) 2012.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.215E.

DATES: Applications Available: April 10, 2012.
    Deadline for Transmittal of Applications: May 25, 2012.
    Deadline for Intergovernmental Review: July 24, 2012.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the Elementary and Secondary 
School Counseling Programs is to support efforts by local educational 
agencies (LEAs) to establish or expand elementary school and secondary 
school counseling programs.
    Priorities: This notice contains two absolute and three competitive 
preference priorities. The absolute priorities are from section 5421 of 
the Elementary and Secondary Education Act of 1965, as amended (ESEA) 
(20 U.S.C. 7245) and from the notice of Supplemental Priorities for 
Discretionary Grant Programs, published in the Federal Register on 
December 15, 2010 (75 FR 78485), and corrected on May 12, 2011 (76 FR 
27637) (the ``Supplemental Priorities''). The competitive preference 
priorities are from the Supplemental Priorities and the notice of final 
priority published in the Federal Register on December 16, 2011 (76 FR 
78250).
    Absolute Priorities: For FY 2012 and any subsequent year in which 
we make awards from the list of unfunded applicants from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3) we consider only applications that meet these priorities.
    These priorities are:
    Absolute Priority 1: Establish or expand counseling programs in 
elementary schools, secondary schools, or both.
    Absolute Priority 2: Enabling More Data-Based Decision-Making.
    Projects that are designed to collect (or obtain), analyze, and use 
high-quality and timely data, including data on program participant 
outcomes, in accordance with privacy requirements (as defined in this 
notice), in the following priority area: improving instructional 
practices, policies, and student outcomes in elementary or secondary 
schools.
    Competitive Preference Priorities: For FY 2012 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)(i), we award up to an additional 
5 points to an application, depending on how well the application meets 
one of the following three priorities. Applicants may address more than 
one of the competitive preference priorities; however, the Department 
will review and award points under only one of the priorities. 
Therefore, an applicant must identify in its application the 
competitive preference priority under which it is seeking points. An 
applicant must identify in the abstract section of its application the 
priority it wishes the Department to consider for purposes of earning 
competitive preference priority points.

    Note: The Department will not review or award points under any 
competitive preference priority for an application that (1) fails to 
clearly identify in the abstract the competitive preference priority 
the applicant wishes the Department to consider for purposes of 
earning competitive preference priority points, or (2) identifies 
more than one competitive preference priority the applicant wishes 
the Department to consider for purposes of earning competitive 
preference priority points.

    These priorities are:
    Competitive Preference Priority 1: Projects Serving Students 
Residing on Indian Lands.
    Under this priority, we give priority to applications for projects 
that are

[[Page 21543]]

proposed by any eligible entity serving students residing on ``Indian 
lands'' as that term is defined by section 8013 of the ESEA (20 U.S.C. 
7713(7)). The eligible entity must be the only applicant or the lead 
applicant in a consortium of eligible entities.
    Competitive Preference Priority 2: Turning Around Persistently 
Lowest-Achieving Schools.
    Under this priority, we give priority to applications for projects 
providing services to students enrolled in persistently lowest-
achieving schools (as defined in this notice).

    Note: For the purposes of this priority, the Department 
considers schools that are identified as Tier I or Tier II schools 
under the School Improvement Grants Program (see 75 FR 66363) as 
part of a State's approved FY 2009 or FY 2010 application to be 
persistently lowest-achieving schools. A list of these Tier I and 
Tier II schools can be found on the Department's Web site at 
www2.ed.gov/programs/sif/index.html.

    Competitive Preference Priority 3: Support for Military Families.
    Under this priority, we give priority to applications for projects 
that are designed to address the needs of military-connected students 
(as defined in this notice).
    Definitions: The following definitions are from 34 CFR part 77 and 
the Supplemental Priorities and apply to this competition. Additional 
definitions applicable to this program are found in the authorizing 
statute for this program at 20 U.S.C. 7245 and in the program 
regulations in 34 CFR part 77, and they will be included in the 
application package.
    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.
    Military-connected student means (a) a child participating in an 
early learning program, a student in preschool through grade 12, or a 
student enrolled in postsecondary education or training who has a 
parent or guardian on active duty in the uniformed services (as defined 
by 37 U.S.C. 101, in the Army, Navy, Air Force, Marine Corps, Coast 
Guard, National Guard, or the reserve component of any of the 
aforementioned services) or (b) a student who is a veteran of the 
uniformed services, who is on active duty, or who is the spouse of an 
active-duty service member.
    Persistently lowest-achieving schools means, as determined by the 
State: (i) Any Title I school in improvement, corrective action, or 
restructuring that (a) is among the lowest-achieving five percent of 
Title I schools in improvement, corrective action, or restructuring or 
the lowest-achieving five Title I schools in improvement, corrective 
action, or restructuring in the State, whichever number of schools is 
greater; or (b) is a high school that has had a graduation rate as 
defined in 34 CFR 200.19(b) that is less than 60 percent over a number 
of years; and (ii) any secondary school that is eligible for, but does 
not receive, Title I funds that: (a) Is among the lowest-achieving five 
percent of secondary schools or the lowest-achieving five secondary 
schools in the State that are eligible for, but do not receive, Title I 
funds, whichever number of schools is greater; or (b) is a high school 
that has had a graduation rate as defined in 34 CFR 200.19(b) that is 
less than 60 percent over a number of years.
    To identify the persistently lowest achieving schools, a State must 
take into account both: (i) The academic achievement of the ``all 
students'' group in a school in terms of proficiency on the State's 
assessments under section 1111(b)(3) of the ESEA in reading/language 
arts and mathematics combined; and (ii) the school's lack of progress 
on those assessments over a number of years in the ``all students'' 
group.
    Privacy requirements means the requirements of the Family 
Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, and its 
implementing regulations in 34 CFR part 99, the Privacy Act, 5 U.S.C. 
552a, as well as all applicable Federal, State and local requirements 
regarding privacy.

    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, and 99. (b) The regulations in 34 CFR part 299. (c) 
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). (d) The notice of final 
priority for the Office of Safe and Healthy Students discretionary 
grant programs published in the Federal Register on December 16, 2011 
(76 FR 78250). (e) The Supplemental Priorities.

    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: $21,305,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards later in FY 2012 and in 
subsequent years 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: We will reject any application that proposes a 
budget exceeding $400,000 for a single budget period of 12 months.

    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: 61.

    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, 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 Programs 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.

[[Page 21544]]

    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Supplement-Not-Supplant: This program has 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 Education Publications 
Center (ED Pubs). To obtain a copy via the Internet, use the following 
address: www.ed.gov/programs/elseccounseling/applicant.html. To obtain 
a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. 
Department of Education, P.O. Box 22207 Alexandria, VA 22304. 
Telephone, toll free: 1-877-433-7827. Fax: (703) 605-6794. If you use a 
telecommunications device for the deaf (TDD) or a text telephone (TTY), 
call, toll free: 1-877-576-7734.
    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at 
its email address: <a href="/cdn-cgi/l/email-protection#8de8e9fdf8effecde4e3e8f9a3e8e9a3eae2fb"><span class="__cf_email__" data-cfemail="a8cdccd8ddcadbe8c1c6cddc86cdcc86cfc7de">[email protected]</span></a>.
    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 compact disc) by contacting the program contact person listed under 
Accessible Format in section VII 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.
    Page Limit: The application narrative is where you, the applicant, 
address the selection criteria that reviewers use to evaluate your 
application. You must limit the application narrative to no more than 
25 pages, using the following standards:
    <bullet> A ``page'' is 8.5<gr-thn-eq> x 11<gr-thn-eq>, on one side 
only, with 1<gr-thn-eq> margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; or the one-page abstract, the 
resumes, the bibliography, or the letters of support. However, the page 
limit does apply to all of the application narrative section [Part 
III].
    Our reviewers will not read any pages of your application that 
exceed the page limit.
    3. Submission Dates and Times:
    Applications Available: April 10, 2012.
    Deadline for Transmittal of Applications: May 25, 2012.
    Applications for grants under this program must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). 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 
in 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: July 24, 2012.
    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 in this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and Central Contractor Registry: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the Central 
Contractor Registry (CCR), the Government's primary registrant 
database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active CCR registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    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 can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five 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.
    In addition, if you are submitting your application via Grants.gov, 
you must (1) be designated by your organization as an Authorized 
Organization Representative (AOR); and (2) register yourself with 
Grants.gov as an AOR. Details on these steps are outlined at the 
following Grants.gov Web page: www.grants.gov/applicants/get_registered.jsp.
    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 Elementary and Secondary School 
Counseling Program, CFDA number 84.215E, must be submitted 
electronically using the Governmentwide Grants.gov Apply site

[[Page 21545]]

at www.Grants.gov. Through this site, you will be able to download a 
copy of the application package, complete it offline, and then upload 
and submit your application. You may not email an electronic copy of a 
grant application to us.
    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.
    You may access the electronic grant application for the Elementary 
and Secondary School Counseling Programs at www.Grants.gov. You must 
search for the downloadable application package for this program by the 
CFDA number. Do not include the CFDA number's alpha suffix in your 
search (e.g., search for 84.215, not 84.215E).
    Please note the following:
    <bullet> When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
    <bullet> Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30 p.m., Washington, DC time, on the application deadline date.
    <bullet> The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
    <bullet> You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this program to ensure that you 
submit your application in a timely manner to the Grants.gov system. 
You can also find the Education Submission Procedures pertaining to 
Grants.gov under News and Events on the Department's G5 system home 
page at www.G5.gov.
    <bullet> 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.
    <bullet> 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.
    <bullet> You must upload any narrative sections and all other 
attachments to your application as files in a PDF (Portable Document) 
read-only, non-modifiable format. Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF or submit a password-protected file, we will not 
review that material.
    <bullet> Your electronic application must comply with any page-
limit requirements described in this notice.
    <bullet> After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. (This notification indicates 
receipt by Grants.gov only, not receipt by the Department.) The 
Department then will retrieve your application from Grants.gov and send 
a second notification to you by email. This second notification 
indicates that the Department has received your application and has 
assigned your application a PR/Award number (an ED-specified 
identifying number unique to your application).
    <bullet> We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
with the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk, toll free, at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30 p.m., Washington, DC time, 
on the application deadline date, please contact the person listed 
under For Further Information Contact in section VII of this notice and 
provide an explanation of the technical problem you experienced with 
Grants.gov, along with the Grants.gov Support Desk Case Number. We will 
accept your application if we can confirm that a technical problem 
occurred with the Grants.gov system and that that problem affected your 
ability to submit your application by 4:30 p.m., Washington, DC time, 
on the application deadline date. The Department will contact you after 
a determination is made on whether your application will be accepted.

    Note: The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the Grants.gov system because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload large documents to 
the Grants.gov system; and
    <bullet> No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked

[[Page 21546]]

no later than two weeks before the application deadline date. If you 
fax your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Lisa Harrison, U.S. 
Department of Education, 550 12th Street SW., Room 10070, Potomac 
Center Plaza (PCP), Washington, DC 20202-6450. Fax: (202) 245-7166 or 
Loretta McDaniel, U.S. Department of Education, 550 12th Street SW., 
Room 10080, Potomac Center Plaza (PCP), 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 84.215E), 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 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 84.215E), 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 
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: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
also requires various assurances including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    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.
    3. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary 
may impose special conditions on a grant if the applicant or grantee is 
not financially stable; has a history of unsatisfactory performance; 
has a financial or other management system that does not meet the 
standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled 
the conditions of a prior grant; or is otherwise not responsible.

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 Notice 
(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 in this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section in 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: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) 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 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 
Programs:

[[Page 21547]]

(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 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.
    5. Continuation Awards: In making a continuation award, the 
Secretary may consider, under 34 CFR 75.253, the extent to which a 
grantee has made ``substantial progress toward meeting the objectives 
in its approved application.'' This consideration includes the review 
of a grantee's progress in meeting the targets and projected outcomes 
in its approved application, and whether the grantee has expended funds 
in a manner that is consistent with its approved application and 
budget. In making a continuation grant, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Agency Contacts

FOR FURTHER INFORMATION CONTACT: Lisa Harrison, U.S. Department of 
Education, 550 12th Street SW., room 10070, Potomac Center Plaza (PCP), 
Washington, DC 20202-6450. Telephone: 202-245-7873 or by email: 
<a href="/cdn-cgi/l/email-protection#5c10352f3d72143d2e2e352f33321c3938723b332a"><span class="__cf_email__" data-cfemail="64280d17054a2c0516160d170b0a2401004a030b12">[email protected]</span></a> or Loretta McDaniel, U.S. Department of Education, 
550 12th Street, SW., room 10080, Potomac Center Plaza (PCP), 
Washington, DC 20202-6450. Telephone: 202-245-7870 or by email: 
<a href="/cdn-cgi/l/email-protection#460a293423323227680b250227282f232a06232268212930"><span class="__cf_email__" data-cfemail="6b2704190e1f1f0a4526082f0a05020e072b0e0f450c041d">[email protected]</span></a>.
    If you use a TDD or TTY, 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 alternative format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact person listed under For Further Information Contact 
in section VII in this notice.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site 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). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: April 5, 2012.
Michael Yudin,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2012-8616 Filed 4-9-12; 8:45 am]
BILLING CODE 4000-01-P


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