Awards have been made for programs that help create safe and drug-free learning environments for childen to all 50 States, the outlying areas, and the BIA, and to Native Hawaiian organizations.

Uses and Use Restrictions

Drug prevention programs must convey a clear and consistent message that the illegal use of alcohol and other drugs is wrong and harmful.

Generally, funds under the program may not be used for construction, medical services, or drug treatment or rehabilitation.

This program is subject to maintenance of effort requirements.

In addition, grantees and subgrantees must use an indirect cost rate that is consistent with the provisions in 34 CFR 75.560 through 75.564.

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Eligibility Requirements

Applicant Eligibility

State Departments of Education; State Governors; State educational agencies (SEAs), Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern, Mariana Islands may apply.

Organizations primarily serving and representing Native Hawaiians for the benefit of Native Hawaiians may also apply under a designated grant competition.

Beneficiary Eligibility

Governors' offices, SEAs, LEAs, Insular Areas, Tribal governments, and other public and private nonprofit organizations (including parent groups, community action agencies, and other community-based organizations); American Indians and Native Hawaiians; and students and teachers in public and private schools in each State.

Credentials/Documentation

None.

Aplication and Award Process

Preapplication Coordination

This program is eligible for coverage under E.O.

12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information or the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures

Each State must submit to the Department of Education an application covering a 5-year period which is amended as needed.

Award Procedures

Applications from States are reviewed for compliance with the statute. If it is determined that the application meets the statutory requirements, the Assistant Deputy Secretary awards the State its allotment. For Native Hawaiians program, peer reviewers recommend grantees based on the quality of applications submitted.

Deadlines

Contact the Headquarters Office for application deadlines.

Authorization

Elementary and Secondary Education Act, Title IV, Part A, Subpart 1, as amended. 20 U.S.C. 7111-7117.

Range of Approval/Disapproval Time

The estimated amount of time needed to approve/disapprove a State's application is approximately sixty days. For Native Hawaiians Program, approximately sixty days are needed to review and award grants after receipt of application.

Appeals

Not applicable.

Renewals

State applications are amended as needed. Awards are generally made effective July 1 of each calendar year. For Native Hawaiians Program, continuation grants are negotiated at the time of initial award.

Assistance Considerations

Formula and Matching Requirements

The statutory formula used to determine each State's allotment is authorized by Title IV, Part A, Subpart 1, Elementary and Secondary Education Act, as amended (ESEA). This program has maintenance of effort requirements; see funding agency for further details. From the total appropriation, 1 percent or $4.75 million (whichever is greater) is reserved for the Outlying Areas, 1 percent or $4.75 million (whichever is greater) is reserved for the Bureau of Indian Affairs for programs for Indian youth, and 0.2 percent is reserved for programs for Native Hawaiians. The Department allocates the remaining funds by formula to States, half on the basis of school-aged population and half on the basis of State shares of ESEA Title I Concentration Grants funding for the previous year, provided that no State receives less than the greater of: (1) one-half of 1 percent of the total, or (2) the amount it received under the program in fiscal year 2001. Of each State's allocation, the Governor may elect to administer up to 20 percent of the funds; the remainder is administered by the State educational agency. The SEA must subgrant at least 93 percent to LEAs. LEA allocations are based 60 percent on ESEA Title I Concentration Grant funding for the preceding year and 40 percent on enrollment.

Length and Time Phasing of Assistance

Generally, State awards are made from July 1 of one year to September 30 of the following year. In addition, funds remain available to States for an additional fiscal year for obligation and expenditure. Grantees draw down funds electronically as needed.

Post Assistance Requirements

Reports

A report on the programs funded by the State, is required by Section 4117 of the Act.

Financial and performance reports are required in accordance with 34 CFR 76.720, 80.40, and 80.41.

For Native Hawaiians programs, financial and performance reports are required in accordance with 34 CFR 74.51, 74.52, and 75.720.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records

In accordance with 34 CFR 76.730, grantees must maintain appropriate records related to grant funds, compliance, and project performance for three years after the completion of activity for which the grant or subgrant funds were used that are sufficient to establish fiscal accountability and to facilitate an effective audit. For Native Hawaiians program, records retention and access requirements are in accordance with 34 CFR 74.53 and 75.730-732.

Financial Information

Account Identification

91-0203-0-1-501.

Obigations

(Grants) FY 07 $346,500,000; FY 08 est $294,759,000; and FY 09 est $100,000,000.

Range and Average of Financial Assistance

Awards ranged from $1,423,000 to $35,162,000; $5,473,000 (FY 08).

Regulations, Guidelines, and Literature

The administration of the formula grants program is governed by the Statute, EDGAR (34 CFR 76, 77, 79, 80, 81, 82, and 85) and non-regulatory guidance. In addition, 34 CFR 98 and 99 apply to this program. The administration of the Native Hawaiians program is governed by the Statute and EDGAR (34 CFR 74, 75, and 77).

Information Contacts

Regional or Local Office

None.

Headquarters Office

Department of Education, Office of Safe and Drug-Free Schools, 400 Maryland Avenue, S.W., Room 3E314, Washington, DC 20202-6123. Contact: Paul Kesner, Telephone: (202) 205-8134. E-mail: paul.kesner@ed.gov.

Criteria for Selecting Proposals

States receive formula grants based upon the submission of an approvable application. For Native Hawaiians program direct grant awards are made through a peer review process where applications are selected based on quality.