34670 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Notices

DEPARTMENT OF EDUCATION

Safe and Drug-Free Schools and

Communities Federal Activities Grants

Program (Hate Crimes Prevention)

AGENCY: Department of Education.

ACTION: Notice of Final Priority for

Fiscal Year 1996.

SUMMARY: The Secretary announces a

final priority for fiscal year (FY) 1996

under the Safe and Drug-Free Schools

and Communities Federal Activities

Grants Program. The Secretary takes this

action to focus Federal financial

assistance on unmet national needs.

Under this priority, the Department will

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. Strategies may

include, but need not be limited to: (1)

Developing and disseminating curricula

or other instructional materials on the

causes and consequences of hatemotivated behavior and effective

measures of intervening with youth to

prevent such behaviors; (2) schoolcommunity partnerships that provide

opportunities for youth to engage in

service learning activities designed to

reduce the incidence of crimes and

conflicts motivated by hate; and (3)

training of school personnel, parents,

and community members on issues

related to crimes and conflicts

motivated by hate.

EFFECTIVE DATE: This priority takes effect

August 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Charlotte Gillespie, U.S. Department of

Education, 600 Independence Ave.,

SW., Room 604 Portals, Washington, DC

20202–6123. Telephone: (202) 260–

3954. 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.

SUPPLEMENTARY INFORMATION: 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

will 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 SDFSCA

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.

This notice contains one absolute

priority to be applied to this

competition under the Safe and DrugFree Schools and Communities Federal

Activities Grants Program.

The Secretary will award

approximately 10 grants in fiscal year

1996 to public and private nonprofit

organizations and individuals,

including local educational agencies, for

applications that address the absolute

priority in a particularly innovative and

effective manner. Grants will be for a

period of one year; however, because of

the urgent national need for effective

programs to address violent behavior

motivated by hate, applications must

clearly demonstrate an ability to begin

service delivery to the target audience

within four months of the grant award.

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 applicants.

Contingent upon the availability of

funds, the Secretary may make

additional awards in fiscal year 1997

from the rank-ordered list of unfunded

applicants from this competition.

Note: This notice of final priorities does

not solicit applications. A notice inviting

applications under this competition is

published in a separate notice in this issue

of the Federal Register.

Applications for this competition

must be received at the address

specified in the notice inviting

applications for this competition no

later than 4:30 p.m. on August 2, 1996.

Applications received after that time

will not be eligible for funding.

Postmarked dates will not be accepted.

Priorities

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

Safe and Drug-Free Schools and

Communities Act, the Secretary gives an

absolute preference to applications that

meet the following priority. The

Secretary funds under this competition

only applications that meet this 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.

Waiver of Proposed Rulemaking

In accordance with the

Administrative Procedure Act (5 U.S.C.

553), it is the practice of the Department

to offer interested parties the

opportunity to comment on proposed

rules. Ordinarily, this practice would
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