10656 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

DEPARTMENT OF EDUCATION 

Readiness and Emergency 

Management for Schools 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.184E. 

AGENCY: Office of Safe and Drug-Free 

Schools, Department of Education. 

ACTION: Notice of final priorities and 

requirements. 

SUMMARY: The Acting Assistant Deputy 

Secretary for Safe and Drug-Free 

Schools announces priorities and 

requirements under the Readiness and 

Emergency Management for Schools 

(REMS) grant program. The Acting 

Assistant Deputy Secretary may use 

these priorities and requirements for 

competitions in fiscal year (FY) 2009 

and later years. We take this action to 

focus Federal financial assistance on an 

identified national need. We intend 

these priorities and requirements to 

support grants that will increase the 

capacity of local educational agencies 

(LEAs) to prevent and mitigate, prepare 

for, respond to, and recover from 

emergencies. This action is also taken to 

focus funding on LEAs that have not 

previously received funding under this 

program and to establish other core 

requirements. 

Effective Date: These priorities and 

requirements are effective April 10, 

2009. 

FOR FURTHER INFORMATION CONTACT: Sara 

Strizzi, U.S. Department of Education, 

1391 Speer Boulevard, suite 800, 

Denver, CO 80204–2512. Telephone: 

(303) 346–0924 or by e-mail: 

sara.strizzi@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service, toll free, at 1– 

800–877–8339. 

SUPPLEMENTARY INFORMATION: Purpose of 

Program: Past emergencies, such as the 

events of September 11, 2001, 

Hurricanes Katrina and Rita, and 

emergencies related to other natural and 

man-made hazards, reinforce the need 

for schools and communities to plan for 

traditional crises and emergencies, as 

well as other catastrophic events. The 

REMS grant program provides funds to 

LEAs to establish an emergency 

management process that focuses on 

reviewing and strengthening emergency 

management plans, within the 

framework of the four phases of 

emergency management (PreventionMitigation, Preparedness, Response, and 

Recovery). The program also provides 

resources to LEAs to provide training for 

staff on emergency management 

procedures and requires that LEAs 

develop comprehensive all-hazards 

emergency management plans in 

collaboration with community partners, 

including local law enforcement; public 

safety, public health, and mental health 

agencies; and local government. 

Program Authority: 20 U.S.C. 7131. 

We published a notice of proposed 

priorities and requirements for this 

competition in the Federal Register on 

December 23, 2008 (73 FR 78757). That 

notice contained background 

information and our reasons for 

proposing the particular priorities and 

requirements. 

Public Comment: In response to our 

invitation in the notice of proposed 

priorities and requirements, one party 

submitted a comment on the proposed 

priorities and requirements. 

Generally, we do not address 

technical and other minor changes. 

Analysis of Comments and Changes: 

An analysis of the comment and of any 

changes in the priorities and 

requirements since publication of the 

notice of proposed priorities and 

requirements follows. 

Comment: One commenter 

recommended that we add the head of 

the local emergency management 

agency as a required sixth partner on the 

grant. The commenter suggested that an 

LEA’s partnership with the local 

emergency management agency in its 

jurisdiction will ensure consistent 

community-wide emergency 

management planning and training 

efforts and will contribute to the 

sustainability of the emergency 

management process. 

Discussion: We agree that local 

emergency management agencies have a 

significant and valuable role to play in 

assisting with community-wide 

emergency planning efforts. We 

encourage LEAs to work closely with all 

relevant community partners, including 

local emergency management agencies, 

to leverage resources, ensure 

consistency, and avoid duplication of 

effort. However, local emergency 

management agencies do not exist in 

every community. Some communities 

do not have a designated local 

emergency management agency and, 

instead, vest emergency management 

authority in other agencies, such as a 

local fire department, law enforcement 

agency, or other public safety agency. 

If a local emergency management 

agency is available to participate in a 

REMS grant project, its assistance is 

likely to be of significant value. We are 

interested in grantees securing partner 

participation from the most relevant 

community entities and encourage the 

inclusion of the local emergency 

management agency as a grant partner if 

such an agency is present. However, 

given the significant variation in the 

types of organizations involved in 

emergency management activities in 

communities across the Nation, we must 

provide flexibility to grantees. We have 

made a change in the requirement in 

response to this comment. 

Change: We have revised Priority 1 

and the requirements to clarify that a 

partner agreement from a local 

emergency management agency may be 

used to meet the public safety partner 

requirement. 

Final Priorities 

Priority 1—LEA Projects Designed To 

Develop and Enhance Local Emergency 

Management Capacity 

This priority supports LEA projects 

designed to create, strengthen, or 

improve emergency management plans 

at the LEA and school-building levels 

and build the capacity of LEA staff so 

that the LEA can continue the 

implementation of key emergency 

management functions after the period 

of Federal funding. Projects must 

include a plan to create, strengthen, or 

improve emergency management plans, 

at the LEA and school-building levels, 

and within the framework of the four 

phases of emergency management: 

Prevention-Mitigation, Preparedness, 

Response, and Recovery. Projects must 

also include: (1) Training for school 

personnel in emergency management 

procedures; (2) coordination, and the 

use of partnerships, with local law 

enforcement, public safety or emergency 

management, public health, and mental 

health agencies, and local government 

to assist in the development of 

emergency management plans at the 

LEA and school-building levels; (3) a 

plan to sustain the local partnerships 

after the period of Federal assistance; (4) 

a plan for communicating school 

emergency management policies and 

reunification procedures for parents and 

guardians and their children following 

an emergency; and (5) a written plan for 

improving LEA capacity to sustain the 

emergency management process through 

ongoing training of personnel and 

continual review of policies and 

procedures. 

Priority 2—Priority for LEAs That Have 

Not Previously Received a Grant Under 

the REMS Program (CFDA Number 

84.184E) and Are Located in Urban 

Areas Security Initiative Jurisdiction 

Under this priority, we give priority to 

applications from LEAs that (1) have not 

yet received a grant under this program 

(CFDA Number 84.184E) and (2) are 

located in whole or in part within Urban 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10657 

Areas Security Initiative (UASI) 

jurisdictions, as determined by the U.S. 

Department of Homeland Security 

(DHS). Applicants, including 

educational service agencies (ESAs), 

must meet both of these criteria in order 

to meet this priority. Under a 

consortium application, all members of 

the LEA consortium, including any 

ESAs, must meet both criteria to meet 

this priority. 

Because DHS’ determination of UASI 

jurisdictions may change from year to 

year, applicants under this priority must 

refer to the most recent list of UASI 

jurisdictions published by DHS when 

submitting their applications. In any 

notice inviting applications using this 

priority, the Department will provide 

applicants with information necessary 

to access the most recent DHS list of 

UASI jurisdictions. 

Priority 3—Priority for Applicants That 

Have Not Previously Received a Grant 

Under the REMS Program (CFDA 

Number 84.184E) 

Under this priority, we give priority to 

applications from LEAs that have not 

previously received a grant under this 

program (CFDA Number 84.184E). 

Applicants, including educational 

service agencies (ESAs), that have 

received funding under this program 

directly, or as the lead agency or as a 

partner in a consortium application 

under this program, will not meet this 

priority. Under a consortium 

application, all members of the LEA 

consortium must meet this criterion to 

meet this priority. 

Types of Priorities: 

When inviting applications for a 

competition using one or more 

priorities, we designate the type of each 

priority as absolute, competitive 

preference, or invitational through a 

notice in the Federal Register. The 

effect of each type of priority follows: 

Absolute Priority: Under an absolute 

priority we consider only applications 

that meet the priority (34 CFR 

75.105(c)(3)). 

Competitive Preference Priority: 

Under a competitive preference priority 

we give competitive preference to an 

application by (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the 

competitive priority over an application 

of comparable merit that does not meet 

the priority (34 CFR 75.105(c)(2)(ii)). 

Invitational Priority: Under an 

invitational priority we are particularly 

interested in applications that meet the 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 

Final Requirements: We may apply 

one or more of these requirements in 

any year in which this program is in 

effect. 

Partner Agreements: To be considered 

for a grant award, an applicant must 

include in its application an agreement 

that details the participation of each of 

the following five community-based 

partners: The law enforcement agency, 

the public safety or emergency 

management agency, the public health 

agency, the mental health agency, and 

the head of the applicant’s local 

government (for example the mayor, city 

manager, or county executive). The 

agreement must include a description of 

each partner’s roles and responsibilities 

in improving and strengthening 

emergency management plans at the 

LEA and school-building levels, a 

description of each partner’s 

commitment to the continuation and 

continuous improvement of emergency 

management plans at the LEA and 

school-building levels, and the signature 

of an authorized representative of the 

LEA and each partner acknowledging 

the agreement. For consortium 

applications, each LEA to be served by 

the grant must submit a complete set of 

partner agreements with the signature of 

an authorized representative of the LEA 

and each corresponding partner 

acknowledging the agreement. 

If one or more of the five partners 

listed in this requirement is not present 

in the applicant’s community, or cannot 

feasibly participate, the agreement must 

explain the absence of each missing 

partner. To be considered eligible for 

funding, however, an application must 

include a signed agreement between the 

LEA, a law enforcement partner, and at 

least one of the other required partners 

(public safety or emergency 

management agency, public health 

agency, mental health agency, or the 

head of the local government). 

Applications that fail to include the 

required agreement, including 

information on partners’ roles and 

responsibilities and on their 

commitment to continuation and 

continuous improvement (with 

signatures and explanations for missing 

signatures as specified above), will not 

be read. 

Although this program requires 

partnerships with other parties, 

administrative direction and fiscal 

control for the project must remain with 

the LEA. 

Coordination with State or Local 

Homeland Security Plan: All emergency 

management plans receiving funding 

under this program must be coordinated 

with the Homeland Security Plan of the 

State or locality in which the LEA is 

located. To ensure that emergency 

services are coordinated, and to avoid 

duplication of effort within States and 

localities, applicants must include in 

their applications an assurance that the 

LEA will coordinate with and follow the 

requirements of its State or local 

Homeland Security Plan for emergency 

services and initiatives. 

Infectious Disease Plan: To be 

considered for a grant award, applicants 

must agree to develop a written plan 

designed to prepare the LEA for a 

possible infectious disease outbreak, 

such as pandemic influenza. Plans must 

address the four phases of emergency 

management (Prevention-Mitigation, 

Preparedness, Response, and Recovery) 

and include a plan for disease 

surveillance (systematic collection and 

analysis of data that lead to action being 

taken to prevent and control a disease), 

school closure decision making, 

business continuity (processes and 

procedures established to ensure that 

essential functions can continue during 

and after a disaster), and continuation of 

educational services. 

Food Defense Plan: To be considered 

for a grant award, applicants must agree 

to develop a written food defense plan 

that includes the four phases of 

emergency management (PreventionMitigation, Preparedness, Response, and 

Recovery) and is designed to safeguard 

the LEA’s food supply, including all 

food storage and preparation facilities 

and delivery areas within the LEA. 

Individuals with Disabilities: 

Applicants must agree to develop plans 

that take into consideration the 

communication, medical, and 

evacuation needs of individuals with 

disabilities within the schools in the 

LEA. 

Implementation of the National 

Incident Management System (NIMS): 

Applicants must agree to implement 

their grant in a manner consistent with 

the implementation of the NIMS in their 

communities. Applicants must include 

in their applications an assurance that 

they have met, or will complete, all 

current NIMS requirements by the end 

of the grant period. 

Because DHS’ determination of NIMS 

requirements may change from year to 

year, applicants must refer to the most 

recent list of NIMS requirements 

published by DHS when submitting 

their applications. In any notice inviting 

applications, the Department will 

provide applicants with information 

necessary to access the most recent DHS 

list of NIMS requirements. 


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10658 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

Note: An LEA’s NIMS compliance must be 

achieved in close coordination with the local 

government and with recognition of the firstresponder capabilities held by the LEA and 

the local government. As LEAs are not 

traditional response organizations, firstresponder services will typically be provided 

to LEAs by local fire and rescue departments, 

emergency medical service providers, and 

law enforcement agencies. This traditional 

relationship must be acknowledged in 

achieving NIMS compliance in an integrated 

NIMS compliance plan for the local 

government and the LEA. LEA participation 

in the NIMS preparedness program of the 

local government is essential in ensuring that 

first-responder services are delivered to 

schools in a timely and effective manner. 

Additional information about NIMS 

implementation and requirements is 

available at http://www.fema.gov/emergency/ 

nims. 

This notice does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use one or more of these priorities and 

requirements, we invite applications through 

a notice in the Federal Register. 

Executive Order 12866: This notice of 

final priorities and requirements has 

been reviewed in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this 

regulatory action. 

The potential costs associated with 

this final regulatory action are those 

resulting from statutory requirements 

and those we have determined as 

necessary for administering this 

program effectively and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this final regulatory 

action, we have determined that the 

benefits of the final priorities and 

requirements justify the costs. 

We have determined, also, that this 

final regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

We summarized the costs and benefits 

of this regulatory action in the notice of 

proposed priorities and requirements. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to this Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

William Modzeleski, Acting Assistant 

Deputy Secretary for the Office of Safe 

and Drug-Free Schools to perform the 

functions of the Assistant Deputy 

Secretary for Safe and Drug-Free 

Schools. 

Dated: March 4, 2009. 

William Modzeleski, 

Acting Assistant Deputy Secretary for Safe 

and Drug-Free Schools. 

[FR Doc. E9–5091 Filed 3–10–09; 8:45 am] 

BILLING CODE 4000–01–P 


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