Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34671

have applied to the rules in this notice.

However, the Secretary waives

rulemaking under section 553(b)(B) of

the Administrative Procedures Act. This

section provides that rulemaking is not

required when the agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary, or contrary to the public

interest. The Secretary believes that, in

order to make timely grant awards using

Fiscal Year (FY) 1996 funds, public

comment on those rules is

impracticable. Congress did not

appropriate FY 1996 funds for this

program until April 26, 1996. The

Secretary must make new awards no

later than September 30, 1996.

Moreover, the Safe and Drug-Free

Schools and Communities National

Programs statute is designed to address

emergency needs in drug and violence

prevention. Programs need to be

implemented as early as possible in the

1996–97 school year. Due to the delay

in the appropriation of FY 1996 funds,

it is now impracticable to receive public

comments and still allow FY 1996

awards to be made by September 30,

1996.

Intergovernmental Review

This program is subject to the

requirements of Executive Order 12372

(Intergovernmental Review of Federal

Programs) and the regulations in 34 CFR

Part 79.

The objective of the Executive order is

to foster an intergovernmental

partnership and to strengthen

federalism by relying on processes

developed by State and local

governments for coordination and

review of proposed Federal financial

assistance.

In accordance with the order, this

document is intended to provide early

notification of the Department’s specific

plans and actions for this program.

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

(Catalog of Federal Domestic Assistance

Program Number 84.184E Safe and Drug-Free

Schools and Communities Act Federal

Activities Grants Program)

Dated: June 26, 1996.

Gerald N. Tirozzi,

Assistant Secretary for Elementary and

Secondary Education.

[FR Doc. 96–16835 Filed 6–28–96; 9:01 am]

BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION

[CFDA No.: 84.184E]

Safe and Drug-Free Schools and

Communities Federal Activities Grants

Program (Hate Crimes Prevention)

Notice inviting applications for new

awards for fiscal year (FY) 1996.

Note to Applicants: This notice is a

complete application package. Together

with the statute authorizing the program

and applicable regulations governing

the program, including the Education

Department General Administrative

Regulations (EDGAR), the notice

contains all of the information,

application forms, and instructions

needed to apply for a grant under this

competition.

Purpose of Program: To fund the

development and implementation of

innovative, effective strategies for

preventing and reducing the incidence

of crimes and conflicts motivated by

hate in localities directly affected by

hate crimes.

Eligible Applicants: Public and

private nonprofit organizations and

individuals, including local educational

agencies.

Deadline for Receipt of Applications:

August 2, 1996.

Deadline for Intergovernmental

Review: September 2, 1996.

Available Funds: $2,000,000.

Estimated Range of Awards:

$100,000–$300,000.

Estimated Average Size of Awards:

$200,000.

Estimate Number of Awards: 10.

Note: The Department is not bound by any

estimates in this notice.

Project Period: Up to 12 months.

Applicable Regulations:

(a) The Education Department General

Administrative Regulations (EDGAR) as

follows:

(1) 34 CFR Part 74 (Administration of

Grants to Institutions of Higher

Education, Hospitals, and Nonprofit

Organizations).

(2) 34 CFR Part 75 (Direct Grant

Programs).

(3) 34 CFR Part 77 (Definitions that

Apply to Department Regulations).

(4) 34 CFR Part 79 (Intergovernmental

Review of Department of Education

Programs and Activities).

(5) 34 CFR Part 80 (Uniform

Administrative Requirements for Grants

and Cooperative Agreements to State

and Local Governments).

(6) 34 CFR Part 81 (General Education

Provisions Act—Enforcement).

(7) 34 CFR Part 82 (New Restrictions

on Lobbying).

(8) 34 CFR Part 85 (Governmentwide

Debarment and Suspension

(Nonprocurement) and

Governmentwide Requirements for

Drug-Free Workplace (Grants)).

(9) 34 CFR Part 86 (Drug-Free Schools

and Campuses).

Note: As of July 1, 1995, Part 86 of EDGAR

no longer applies to SEAs and LEAs. It

continues to apply to IHEs. This change

results from the Improving America’s

Schools Act of 1994, Pub.L. 103–382.

Description of Program: The seventh

National Education Goal provides that,

by the year 2000, all schools in America

will be free of drugs and violence and

the unauthorized presence of firearms

and alcohol and offer a disciplined

environment that is conducive to

learning. The State grant portion of the

Safe and Drug-Free Schools and

Communities Act (SDFSCA) provides

funding to 97 percent of school districts

in the nation to assist them in

preventing violence in and around

schools, promoting safety and discipline

for students, and preventing the illegal

use of alcohol, tobacco, and other drugs.

The Safe and Drug-Free Schools Federal

Activities Grants Program reinforces

that effort by supporting the

development of innovative programs

that (1) demonstrate effective new

methods of ensuring safe and drug-free

schools and communities, and (2)

ultimately will provide models of

proven effective practice that will assist

schools and communities around the

nation to improve their programs under

the SDFSCA.

Public and private nonprofit

organizations and individuals receiving

funds under this program may not use

funds for construction (except for minor

remodeling needed to carry out the

activities described in the application)

and medical services, drug treatment or

rehabilitation, except for pupil services

or referral to treatment for students who

are victims of or witnesses to crime or

who use alcohol, tobacco, or drugs.

The term ‘nonprofit’, as applied to a

school, agency, organization, or

institution means a school, agency,

organization, or institution owned and

operated by one or more nonprofit

corporations or associations, no part of

the net earnings of which inures, or may

lawfully inure, to the benefit of any

private shareholder or individual.

In making awards under this grant

program, the Secretary may take into

consideration the geographic

distribution and diversity of activities

addressed by the projects, in addition to

the rank order of applications.

Background

Consistent with the definition used by

the Department of Justice, a hate crime
34672 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices

is a criminal offense committed against

a person or property that is motivated,

in whole or in part, by the offender’s

bias against a race, religion, ethnic/

national origin, or sexual orientation

group.

National attention has focused on the

recent wave of church burnings and the

need to intervene forcefully to prevent

these criminal acts and to promote

tolerance among races, cultures, and

religions. A recent report in The

Washington Post (Wednesday, June 19,

1996, page A1) notes: ‘‘The people

burning down black churches in the

South are generally white, male and

young, usually economically

marginalized or poorly educated,

frequently drunk or high on drugs,

rarely affiliated with hate groups, but

often deeply driven by racism. * * *’’

In the last 18 months, according to the

Bureau of Alcohol, Tobacco and

Firearms, there have been 37 suspicious

fires at predominantly African

American churches and 23 suspicious

fires at predominantly white churches.

Data collected from six States as part

of the Department of Justice study on

juvenile hate crime suggest that an

estimated 17 percent to 26 percent of all

hate crimes recorded by law

enforcement can be attributed to

persons under the age of 18. The study

also identified a correlation between

involvement in hate crime offenses and

gang-related crime.

Priority: The priority in the notice of

final priorities for this program, as

published elsewhere in this issue of the

Federal Register and repeated below,

applies to this competition.

Under 34 CFR 75.105(c)(3) and the

Safe and Drug-Free Schools and

Communities Act of 1994, the Secretary

gives an absolute preference to

applications that meet the following

priority. The Secretary funds under this

competition only applications that meet

the absolute priority.

Absolute Priority—Developing and

implementing innovative, effective

strategies for preventing and reducing

the incidence of crimes and conflicts

motivated by hate in localities directly

affected by hate crimes.

Applicants proposing a project under

this priority must—

(1) Describe the problem that will be

addressed, including an assessment of

the number of persons who will benefit

from the project;

(2) Demonstrate that the community

to be served by the project has a

significant level of crime or conflict

motivated by hate;

(3) Describe the activities to be

implemented and explain how they are

based on research and best practices,

how they will lead to sustained

improvements in the school and

community environment, and how they

will be cost-effective and replicable;

(4) Provide evidence of collaboration

with the following groups in the

planning and implementation of the

program—

(i) Students and families,

(ii) Local school officials and teachers,

(iii) Community leaders and

representatives from groups such as

religious, business, and civic

organizations, and

(iv) Juvenile justice, law enforcement,

and community policing

representatives;

(5) Identify the roles and

responsibilities of each participating

group;

(6) Describe the behavioral,

developmental, or theoretical basis for

the proposed project and provide

evidence for its effectiveness in

preventing and reducing the incidence

of crimes and conflicts motivated by

hate;

(7) Identify the intended audience to

be served and describe how the

proposed activities are appropriate for

the target population;

(8) Provide a detailed plan of

implementation, including evidence of

ability to begin service delivery within

four months of the grant award;

(9) Identify performance goals for the

project and provide a description of

how progress toward achieving goals

will be measured; and

(10) Provide evidence of the proposed

strategy’s potential to provide a

replicable model of effective practice for

other schools and communities facing

similar problems.

Selection Criteria: (a)(1) The Secretary

uses the following selection criteria to

evaluate applications for new grants

under this competition.

(2) The maximum score for all of

these criteria is 100 points.

(3) The maximum score for each

criterion is indicated in parentheses.

(b) The criteria.—(1) Meeting the

purposes of the authorizing statute. (30

Points) the Secretary reviews each

application to determine how well the

project will meet the purpose of the Safe

and Drug-Free Schools and

Communities Act of 1994 including

consideration of—

(i) The objectives of the project; and

(ii) How the objectives of the project

further the purposes of the Safe and

Drug-Free Schools and Communities

Act of 1994.

(2) Extent of need for the project. (30

points) The Secretary reviews each

application to determine the extent to

which the project meets specific needs

recognized in the Safe and Drug-Free

Schools and Communities Act of 1994,

including consideration of—

(i) The needs addressed by the

project;

(ii) How the applicant identified those

needs;

(iii) How those needs will be met by

the project; and

(iv) The benefits to be gained by

meeting those needs.

(3) Plan of Operation. (20 points) The

Secretary reviews each application to

determine the quality of the plan of

operation for the project, including—

(i) The quality of the design of the

project;

(ii) The extent to which the plan of

management is effective and ensures

proper and efficient administration of

the project;

(iii) How well the objectives of the

project relate to the purpose of the

program;

(iv) The quality of the applicant’s plan

to use its resources and personnel to

achieve each objective; and

(v) How the applicant will ensure that

project participants who are otherwise

eligible to participate are selected

without regard to race, color, national

origin, gender, age, or handicapping

condition.

(4) Quality of key personnel. (7

points)

(i) The Secretary reviews each

application to determine the quality of

key personnel the applicant plans to use

on the project, including—

(A) The qualifications of the project

director (if one is to be used);

(B) The qualifications of each of the

other key personnel to be used in the

project;

(C) The time that each person referred

to in paragraphs (b)(4)(i) (A) and (B) will

commit to the project; and

(D) How the applicant, as part of its

nondiscriminatory employment

practices, will ensure that its personnel

are selected for employment without

regard to race, color, national origin,

gender, age, or handicapping condition.

(ii) To determine personnel

qualifications under paragraphs (b)(4)(i)

(A) and (B), the Secretary considers—

(A) Experience and training in fields

related to the objectives of the project;

and

(B) Any other qualifications that

pertain to the quality of the project.

(5) Budget and cost effectiveness. (5

points) The Secretary reviews each

application to determine the extent to

which—

(i) The budget is adequate to support

the project; and

(ii) Costs are reasonable in relation to

the objectives of the project.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34673

(6) Evaluation plan. (5 points) The

Secretary reviews each application to

determine the quality of the evaluation

plan for the project, including the extent

to which the applicant’s methods of

evaluation—

(i) Are appropriate to the project; and

(ii) To the extent possible, are

objective and produce data that are

quantifiable.

(Cross-reference: See 34 CFR 75.590

Evaluation by the grantee.)

(7) Adequacy of resources. (3 points)

The Secretary reviews each application

to determine the adequacy of the

resources that the applicant plans to

devote to the project, including

facilities, equipment, and supplies.

Intergovernmental Review of Federal

Programs: This program is subject to the

requirements of Executive Order 12372

(Intergovernmental Review of Federal

Programs) and the regulations in 34 CFR

Part 79.

The objective of the Executive order is

to foster an intergovernmental

partnership and to strengthen

federalism by relying on State and local

processes for State and local

government coordination and review of

proposed Federal financial assistance.

Applicants must contact the

appropriate State Single Point of

Contact to find out about, and to comply

with, the State’s process under

Executive Order 12372. Applicants

proposing to perform activities in more

than one State should immediately

contact the Single Point of Contact for

each of those States and follow the

procedure established in each State

under the Executive order. If you want

to know the name and address of any

State Single Point of Contact, see the list

published in the Federal Register on

August 10, 1995 (60 FR 40980 and

40981).

In States that have not established a

process or chosen a program for review,

State, areawide, regional, and local

entities may submit comments directly

to the Department.

Any State Process Recommendation

and other comments submitted by a

State Single Point of Contact and any

comments from State, areawide,

regional, and local entities must be

received by the date indicated in this

notice at the following address: The

Secretary, E.O.12372—CFDA # 84.184E,

U.S. Department of Education, Room

6213, 600 Independence Ave., SW,

Washington, D.C. 20202–0125.

Recommendations or comments may

be hand-delivered until 4:30 p.m.

(Washington, D.C. time) on the date

indicated in this notice.

Please note that the above address is

not the same address as the one to

which the applicant submits its

completed application. Do not send

applications to the above address.

Instructions for transmittal and receipt

of applications.

(a) If an applicant wants to apply for

a grant, the applicant shall—

(1) Mail the original and two copies

of the application to: U.S. Department of

Education, Application Control Center,

Attention: (CFDA # 84.184E),

Washington, D.C. 20202–4725.

Note: All applications must be received by

August 2, 1996. Applications received after

that time will not be eligible for funding.

Postmarked dates will not be accepted.

(2) Hand deliver the original and two

copies of the application by 4:30 p.m.

(Washington, D.C. time) on the deadline

date to: U.S. Department of Education,

Application Control Center, Attention:

(CFDA# 84.184E), Room #3633, Regional

Office Building #3, 7th and D Streets,

S.W., Washington, D.C.

Notes:

(1) The Application Control Center will

mail a Grant Application Receipt

Acknowledgement to each applicant. If an

applicant fails to receive the notification of

application receipt within 15 days from the

date of mailing the application, the applicant

should call the U.S. Department of Education

Application Control Center at (202) 708–

9494.

(2) The applicant must indicate on the

envelope and—if not provided by the

Department—in Item 10 of the Application

for Federal Assistance (Standard Form 424)

the CFDA number—and suffix letter, if any—

of the competition under which the

application is being submitted.

Application Instructions and Forms:

The appendix to this application is

divided into three parts plus a statement

regarding estimated public reporting

burden and various assurances and

certifications. These parts and

additional materials are organized in the

same manner that the submitted

application should be organized. The

parts and additional materials are as

follows:

PART I: Application for Federal

Assistance (Standard Form 424 (Rev. 4–

88)) and instructions.

PART II: Budget Information—NonConstruction Programs (ED Form No.

524) and instructions.

PART III: Application Narrative.

ADDITIONAL MATERIALS:

Estimated Public Reporting Burden.

Assurances—Non-Construction

Programs (Standard Form 424B).

Certifications regarding Lobbying;

Debarment, Suspension, and Other

Responsibility Matters; and Drug-Free

Workplace Requirements (ED 80–0013).

Certification regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion: Lower Tier Covered

Transactions (ED 80–0014, 9/90) and

instructions. (Note: ED 80–0014 is

intended for the use of grantees and

should not be transmitted to the

Department.)

Disclosure of Lobbying Activities

(Standard Form LLL) (if applicable) and

instructions. This document has been

marked to reflect statutory changes. See

the notice published by the Office of

Management and Budget at 61 FR 1413

(January 19, 1996).

Notice to All Applicants.

An applicant may submit information

on a photostatic copy of the application

and budget forms, the assurances, and

the certifications. However, the

application form, the assurances, and

the certifications must each have an

original signature. No grant may be

awarded unless a completed application

form has been received.

FOR FURTHER INFORMATION CONTACT:

Charlotte D. Gillespie, U.S. Department

of Education, 600 Independence Ave.,

SW, Room 604 Portals, Washington,

D.C. 20202–6123. Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

Information about the Department’s

funding opportunities, including copies

of application notices for discretionary

grant competitions, can be viewed on

the Department’s electronic bulletin

board (ED Board), telephone (202) 260–

9950; or on the Internet Gopher Server

at GOPHER.ED.GOV (under

Announcements, Bulletins and Press

Releases); or on the World Wide Web at

(http://www/ed/gov/money.html).

However, the official application notice

for a discretionary grant competition is

the notice published in the Federal

Register.

Program Authority: 20 U.S.C. 7131

Dated: June 26, 1996.

Gerald N. Tirozzi,

Assistant Secretary for Elementary and

Secondary Education.

BILLING CODE 4000–01–P
34674 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34675
34676 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34677
34678 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices

BILLING CODE 4000–01–C
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34679

Part III—Application Narrative

Instructions for Part III—Application

Narrative

Before preparing the Application

Narrative an applicant should read

carefully the description of the program,

the information regarding priorities, and

the selection criteria the Secretary uses

to evaluate applications.

The narrative should encompass each

function or activity for which funds are

being required and should—

1. Begin with an Abstract; that is, a

summary of the proposed project;

2. Describe the proposed project in

light of each of the selection criteria in

the order in which the criteria are listed

in this application package; and

3. Include any other pertinent

information that might assist the

Secretary in reviewing the application.

The Secretary strongly requests the

applicant to limit the Application

Narrative to no more than 25 doublespaced, typed pages (on one side only),

although the Secretary will consider

applications of greater length.

Instructions for Estimated Public

Reporting Burden

According to the Paperwork

Reduction Act of 1995, no persons are

required to respond to a collection of

information unless it displays a valid

OMB control number. The valid OMB

control number for this information

collection is OMB No. 1810–0551, Exp.

Date: 9/11/96. The time required to

complete this information collection is

estimated to average 28 hours per

response, including the time to review

instructions, search existing data

resources, gather the data needed, and

complete and review the information

collection. If you have any comments

concerning the accuracy of the time

estimate or suggestions for improving

this form, please write to: U.S.

Department of Education, Washington,

DC 20202–4651. If you have comments

or concerns regarding the status of your

individual submission of this form, write

directly to: Charlotte D. Gillespie, Safe

and Drug-Free Schools Program, Office

of Elementary and Secondary

Education, U.S. Department of

Education, 600 Independence Avenue,

SW., Washington, DC 20202–6123.

BILLING CODE 4000–01–P
34680 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34681
34682 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34683
34684 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34685
34686 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices

BILLING CODE 4000–01–C
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices 34687

Notice to All Applicants

Thank you for your interest in this

program. The purpose of this enclosure

is to inform you about a new provision

in the Department of Education’s

General Education Provisions Act

(GEPA) that applies to applicants for

new grant awards under Department

programs. This provision is section 427

of GEPA, enacted as part of the

Improving America’s Schools Act of

1994 (Pub. L. 103–382).

To Whom Does This Provision Apply?

Section 427 of GEPA affects

applicants for new discretionary grant

awards under this program. ALL

APPLICANTS FOR NEW AWARDS

MUST INCLUDE INFORMATION IN

THEIR APPLICATIONS TO ADDRESS

THIS NEW PROVISION IN ORDER TO

RECEIVE FUNDING UNDER THIS

PROGRAM.

What Does This Provision Require?

Section 427 requires each applicant

for funds (other than an individual

person) to include in its application a

description of the steps the applicant

proposes to take to ensure equitable

access to, and participation in, its

federally-assisted program for students,

teachers, and other program

beneficiaries with special needs.

This section allows applicants

discretion in developing the required

description. The statute highlights six

types of barriers that can impede

equitable access or participation that

you may address: gender, race, national

origin, color, disability, or age. Based on

local circumstances, you can determine

whether these or other barriers may

prevent your students, teachers, etc.

from equitable access or participation.

Your description need not be lengthy;

you may provide a clear and succinct

description of how you plan to address

those barriers that are applicable to your

circumstances. In addition, the

information my be provided in a single

narrative, or, if appropriate, may be

discussed in connection with related

topics in the application.

Section 427 is not intended to

duplicate the requirements of civil

rights statutes, but rather to ensure that,

in designing their projects, applicants

for Federal funds address equity

concerns that may affect the ability of

certain potential beneficiaries to fully

participate in the project and to achieve

to high standards. Consistent with

program requirements and its approved

application, an applicant may use the

Federal funds awarded to it to eliminate

barriers it identifies.

What are Examples of How an

Applicant Might Satisfy the

Requirement of This Provision?

The following examples may help

illustrate how an applicant may comply

with section 427.

(1) An applicant that proposes to

carry out an adult literacy project

serving, among others, adults with

limited English proficiency, might

describe in its application how it

intends to distribute a brochure about

the proposed project to such potential

participants in their native language.

(2) An applicant that proposes to

develop instructional materials for

classroom use might describe how it

will make the materials available on

audio tape or in braille for students who

are blind.

(3) An applicant that proposes to

carry out a model science program for

secondary students and is concerned

that girls may be less likely than boys

to enroll in the course, might indicate

how it tends to conduct ‘‘outreach’’

efforts to girls, to encourage their

enrollment.

We recognize that many applicants

may already be implementing effective

steps to ensure equity of access and

participation in their grant programs,

and we appreciate your cooperation in

responding to the requirements of this

provision.

Estimated Burden Statement

According to the Paperwork

Reduction Act of 1995, no persons are

required to respond to a collection of

information unless it displays a valid

OMB control number. The valid OMB

control number for this information

collection is 1801–0004 (Exp. 8/31/98).

The time required to complete this

information collection is estimated to

vary from 1 to 3 hours per response,

with an average of 1.5 hours, including

the time to review instructions, search

existing data resources, gather and

maintain the data needed, and complete

and review the information collection. If

you have any comments concerning the

accuracy of the time estimate(s) or

suggestions for improving this form,

please write to: U.S. Department of

Education, Washington, DC 20202–

4651.

[FR Doc. 96–16836 Filed 6–28–96; 9:01 am]

BILLING CODE 4000–01–M