[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13041-13049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04414]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Carol M. White Physical Education 
Program

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

ACTION: Notice.

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    Overview Information:
    Carol M. White Physical Education Program.
    Notice inviting applications for new awards for fiscal year (FY) 
2013.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.215F.

DATES: 
    Applications Available: February 26, 2013.
    Deadline for Transmittal of Applications: April 12, 2013.
    Deadline for Intergovernmental Review: June 10, 2013.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Carol M. White Physical Education Program 
(PEP) provides grants to local educational agencies (LEAs) and 
community-based organizations (CBOs) to initiate, expand, and improve 
physical education for students in grades K-12. Grant recipients must 
implement programs that help students make progress toward meeting 
State physical education standards.
    Priorities: This competition has five priorities--one absolute 
priority, two competitive preference priorities, and two invitational 
priorities. The absolute priority and Competitive Preference Priority 2 
are from the notice of final priorities, requirements, and definitions 
published in the Federal Register on June 18, 2010 (75 FR 34892). 
Competitive Preference Priority 1 is from the notice of final 
supplemental priorities and definitions for discretionary grant 
programs, published in the Federal Register on December 15, 2010 (75 FR 
78486), and corrected on May 12, 2011 (76 FR 27637) (the ``Supplemental 
Priorities''). Applicants may address more than one of the competitive 
preference priorities.
    Absolute Priority: For FY 2013 and any subsequent year in which we 
make awards from the list of unfunded applicants from this competition, 
this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we 
consider only applications that meet this priority.
    The priority is:

Programs Designed To Create Quality Physical Education Programs.

    Under this priority, an applicant is required to develop, expand, 
or improve its physical education program and address its State's 
physical education standards by undertaking the following activities: 
(1) Instruction in healthy eating habits and good nutrition and (2) 
physical fitness activities that must include at least one of the 
following: (a) Fitness education and assessment to help students 
understand, improve, or maintain their physical well-being; (b) 
instruction in a variety of motor skills and physical activities 
designed to enhance the physical, mental, and social or emotional 
development of every student; (c) development of, and instruction in, 
cognitive concepts about motor skills and physical fitness that support 
a lifelong healthy lifestyle; (d) opportunities to develop positive 
social and cooperative skills through physical activity participation; 
or (e) opportunities for professional development for teachers of 
physical education to stay abreast of the latest research, issues, and 
trends in the field of physical education.
    Competitive Preference Priorities: For FY 2013 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 will award an additional 
three points to an application that meets Competitive Preference 
Priority 1 and an additional two points to an application that meets 
Competitive Preference Priority 2.
    These priorities are:

Competitive Preference Priority 1: Turning Around Persistently Lowest-
Achieving Schools.
    Under this priority we give competitive preference to projects that 
are designed to address the following priority area:
    (a) 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, FY 2010, or FY 2011 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 
http://www2.ed.gov/programs/sif/index.html.

Competitive Preference Priority 2: Partnerships Between Applicants and 
Supporting Community Entities.

    We will give a competitive preference priority to an applicant that 
includes in its application an agreement that details the participation 
of required partners, as defined in this notice. The agreement must 
include a description of: (1) Each partner's roles and responsibilities 
in the project; (2) how each partner will contribute to the project, 
including any contribution to the local match; (3) an assurance that 
the application was developed after timely and meaningful consultation 
between the required parties, as defined in this notice; and (4) a 
commitment to work together to reach the desired goals and outcomes of 
the project. The partner agreement must be signed by the Authorized 
Representative of each of the required partners and by other partners 
as appropriate.
    For an LEA applicant, this partnership agreement must include: (1) 
The LEA; (2) at least one CBO; (3) a local public health entity, as 
defined in this notice; (4) the LEA's food service or child nutrition 
director; and (5) the head of the local government, as defined in this 
notice.

[[Page 13042]]

    For a CBO applicant, the partnership agreement must include: (1) 
The CBO; (2) a local public health entity, as defined in this notice; 
(3) a local organization supporting nutrition or healthy eating, as 
defined in this notice; (4) the head of the local government, as 
defined in this notice; and (5) the LEA from which the largest number 
of students expected to participate in the CBO's project attend. If the 
CBO applicant is a school, such as a parochial or other private school, 
the applicant must describe its school as part of the partnership 
agreement but is not required to provide an additional signature from 
an LEA or another school. A CBO applicant that is a school and serves 
its own population of students is required to include another CBO as 
part of its partnership and include the head of that CBO as a signatory 
on the partnership agreement.
    Although partnerships with other parties are required for this 
priority, the eligible applicant must retain the administrative and 
fiscal control of the project.
    Invitational Priorities: For FY 2013 and any subsequent year in 
which we make awards from the list of unfunded applicants from this 
competition, these priorities are invitational priorities. Under 34 CFR 
75.105(c)(1) we do not give an application that meets this invitational 
priority a competitive or absolute preference over other applications.
    These priorities are:

Invitational Priority 1: Design Filters for Physical Activity Programs.

    Background. In September 2012, as part of its Let's Move! 
initiative, the White House promoted the use of seven ``design 
filters'' to serve as guidelines for both public and private sectors in 
creating physical activity programs. These are evidence-based program 
practices developed by experts from the public, private, and 
philanthropic sectors.
    We believe that the seven design filters complement the priorities 
and requirements in this notice. Additional information about the seven 
design filters is available at: http://ahealthieramerica.org/sites/all/themes/pha/files/PHA_Policy_Brief_and_Design_Filters.pdf
    This priority is:
    Projects that propose to align their programs with the following 
design filters. Programs should:
    1. Strive for universal access;
    2. Include a range of age appropriate activities;
    3. Aim to reach the recommended guidelines on dosage and duration;
    4. Be engaging and fun for kids;
    5. Be led by well-trained coaches and mentors;
    6. Track progress, both individually and for the group; and
    7. Provide consistent motivation and incentives.

Invitational Priority 2: Turning Around Priority Schools.

    Background. Competitive Preference Priority 1 provides additional 
points to applications that include plans to provide services to 
students enrolled in persistently lowest-achieving schools. In addition 
to persistently lowest-achieving schools, 34 States and the District of 
Columbia have identified a new category of low-performing schools--
priority schools--as part of their implementation of new systems of 
differentiated recognition, accountability, and support under ESEA 
flexibility.
    In general, priority schools represent the lowest-achieving five 
percent of a State's Title I schools and also may include Title I-
participating or Title I-eligible high schools with graduation rates 
below 60 percent. A State's priority schools list typically includes at 
least some persistently lowest-achieving schools in which LEAs are 
implementing comprehensive interventions under the School Improvement 
Grants program, but most States' lists include additional schools as 
well. Some priority schools, then, are not persistently lowest-
achieving schools.
    Consequently, for most States that have received waivers under ESEA 
flexibility, the list of priority schools represents a more complete 
and up-to-date list of its lowest-performing schools than its list of 
persistently lowest-achieving schools. In addition, States that have 
received ESEA flexibility are required to begin, over the next three 
years, implementation of comprehensive interventions that are designed 
to turn around the performance of each of their priority schools.
    For these reasons, we encourage applicants from States approved for 
ESEA flexibility to include in their project design an emphasis on 
providing services to students enrolled in priority schools, both those 
that are and those that are not persistently lowest-achieving schools. 
An applicant may address this priority and Competitive Preference 
Priority 1 by serving priority schools that are also persistently 
lowest-achieving schools.
    This priority is:
    Projects that provide services to students enrolled in priority 
schools (as defined in this notice).

Requirements

    The following requirements, which are from the notice of final 
priorities, requirements, and definitions published in the Federal 
Register on June 18, 2010 (75 FR 34892), apply to this competition:

Requirement 1--Align Project Goals With Identified Needs Using the 
School Health Index (SHI).

    Applicants must complete the physical activity and nutrition 
questions in Modules 1-4 of the Center for Disease Control's (CDC's) 
SHI self-assessment tool and develop project goals and plans that 
address the identified needs. Modules 1-4 are School Health and Safety 
Policies and Environment, Health Education, Physical Activity and Other 
Physical Activity Programs, and Nutrition Services. LEA applicants must 
use the SHI self-assessment to develop a School Health Improvement Plan 
focused on improving these issues, and design an initiative that 
addresses their identified gaps and weaknesses. Applicants must include 
their Overall Score Card for the questions answered in Modules 1-4 in 
their application, and correlate their School Health Improvement Plan 
to their project design. Grantees must also complete the same modules 
of the SHI at the end of the project period and submit the Overall 
Score Card from the second assessment in their final reports to 
demonstrate SHI completion and program improvement as a result of PEP 
funding.
    If a CBO applicant (unless the CBO is a school) is in a partner 
agreement with an LEA or school, it must collaborate with its partner 
or partners to complete Modules 1-4 of the SHI.
    Alternatively, if the CBO has not identified a school or LEA 
partner, the CBO is not required to do Modules 1-4 of the SHI but must 
use an alternative needs assessment tool to assess the nutrition and 
physical activity environment in the community for children. CBO 
applicants are required to include their overall findings from the 
community needs assessment and correlate their findings with their 
project design. Grantees will be required to complete the same needs 
assessment at the end of their project and submit their findings in 
their final reports to demonstrate the completion of the assessment and 
program involvement as a result of PEP funding.

Requirement 2--Nutrition- and Physical Activity-Related Policies

    Grantees must develop, update, or enhance physical activity 
policies and

[[Page 13043]]

food- and nutrition-related policies that promote healthy eating and 
physical activity throughout students' everyday lives, as part of their 
PEP projects. Applicants must describe in their application their 
current policy framework, areas of focus, and the planned process for 
policy development, implementation, review, and monitoring. Grantees 
will be required to detail at the end of their project period in their 
final reports the physical activity and nutrition policies selected and 
how the policies improved through the course of the project.
    Applicants must sign a Program-Specific Assurance that commits them 
to developing, updating, or enhancing these policies during the project 
period. Applicants that do not submit such a Program-Specific Assurance 
signed by the applicant's Authorized Representative are ineligible for 
the competition.

Requirement 3--Linkage With Local Wellness Policies

    Applicants that are participating in a program authorized by the 
Richard B. Russell National School Lunch Act or the Child Nutrition Act 
of 1966 \1\ must describe in their applications their school district's 
established local wellness policy and how the proposed PEP project will 
align with, support, complement, and enhance the implementation of the 
applicant's local wellness policy. The LEA's local wellness policy 
should address all requirements in the Child Nutrition Act of 1966. CBO 
applicants must describe in their applications how their proposed 
projects would enhance or support the intent of the local wellness 
policies of their LEA partner(s), if they are working in a partnership 
group.
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    \1\ The requirement to have a local school wellness policy, 
previously set out in section 204 of the Child Nutrition and WIC 
Reauthorization Act of 2004, was repealed and replaced by section 9A 
of the Richard B. Russell National School Lunch Act, 42 U.S.C. 
1758b, as added by section 204(a) of Public Law 111-296, the 
Healthy, Hunger-Free Kids Act of 2010, enacted on December 13, 2010.
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    If an applicant or a member of its partnership group does not 
participate in a program authorized by the Richard B. Russell National 
School Lunch Act or the Child Nutrition Act of 1966, it will not 
necessarily have a local wellness policy and, thus, is not required to 
meet this requirement or adopt a local wellness policy. However, we 
encourage those applicants to develop and adopt a local wellness 
policy, consistent with the provisions in the Richard B. Russell 
National School Lunch Act or the Child Nutrition Act of 1966 in 
conjunction with its PEP project.
    Applicants must sign a Program-Specific Assurance that commits them 
to align their PEP project with the district's Local Wellness Policy, 
if applicable. Applicants to whom this requirement applies that do not 
submit a Program-Specific Assurance signed by the applicant's 
Authorized Representative are ineligible for the competition.

Requirement 4--Linkages With Federal, State, and Local Initiatives

    If an applicant is implementing the CDC's Coordinated School Health 
program, it must coordinate project activities with that initiative and 
describe in its application how the proposed PEP project would be 
coordinated and integrated with the program.
    If an applicant receives funding under the United States Department 
of Agriculture's (USDA's) Team Nutrition initiative (Team Nutrition 
Training Grants), the applicant must describe in its application how 
the proposed PEP project supports the efforts of this initiative.
    An applicant for a PEP project in a community that receives a grant 
under the Recovery Act Communities Putting Prevention to Work--
Community Initiative must agree to coordinate its PEP project efforts 
with those under the Recovery Act Communities Putting Prevention to 
Work-Community Initiative.
    Applicants and PEP-funded projects must complement, rather than 
duplicate, existing, ongoing or new efforts whose goals and objectives 
are to promote physical activity and healthy eating or help students 
meet their State standards for physical education.
    Applicants must sign a Program-Specific Assurance that commits them 
to align their PEP project with the Coordinated School Health program, 
Team Nutrition Training Grant, Recovery Act Communities Putting 
Prevention to Work--Community Initiative, or any other similar Federal, 
State, or local initiatives. Applicants that do not submit a Program-
Specific Assurance signed by the applicant's Authorized Representative 
are ineligible for the competition.

Requirement 5--Updates to Physical Education and Nutrition Instruction 
Curricula

    Applicants that plan to use grant-related funds, including Federal 
and non-Federal matching funds, to create, update, or enhance their 
physical education or nutrition education curricula are required to use 
the Physical Education Curriculum Analysis Tool (PECAT) and submit 
their overall PECAT scorecard, and the curriculum improvement plan from 
PECAT. Also, those applicants that plan to use grant-related funds, 
including Federal and non-Federal matching funds to create, update, or 
enhance their nutrition instruction in health education must complete 
the healthy eating module of the Health Education Curriculum Analysis 
Tool (HECAT). Applicants must use the curriculum improvement plan from 
the HECAT to identify curricular changes to be addressed during the 
funding period. Applicants must also describe how the HECAT assessment 
would be used to guide nutrition instruction curricular changes. If an 
applicant is not proposing to use grant-related funds for physical 
education or nutrition instruction curricula, it would not need to use 
these tools.

Requirement 6--Equipment Purchases

    Purchases of equipment with PEP funds or with funds used to meet 
the program's matching requirement must be aligned with the curricular 
components of the proposed physical education and nutrition program. 
Applicants must commit to aligning the students' use of the equipment 
with PEP elements applicable to their projects, identified in the 
absolute priority in this notice, and any applicable curricula by 
signing a Program-Specific Assurance. Applicants that do not submit a 
Program-Specific Assurance signed by the applicant's Authorized 
Representative are ineligible for the competition.

Requirement 7--Increasing Transparency and Accountability

    Grantees must create or use existing reporting mechanisms to 
provide information on students' progress, in the aggregate, on the key 
program indicators, as described in this notice and required under the 
Government Performance and Results Act, as well as on any unique 
project-level measures proposed in the application. Grantees that are 
educational agencies or institutions are subject to applicable Federal, 
State, and local privacy provisions, including the Family Educational 
Rights and Privacy Act--a law that generally prohibits the non-
consensual disclosure of personally identifiable information in a 
student's education record. All grantees must comply with applicable 
Federal, State, and local privacy provisions. The aggregate-level 
information should be easily accessible by the public, such as posted 
on the grantee's or a partner's Web site. Applicants must describe in

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their application the planned method for reporting.
    Applicants must commit to reporting information to the public by 
signing a Program-Specific Assurance. Applicants that do not submit a 
Program-Specific Assurance signed by the applicant's Authorized 
Representative are ineligible for the competition.
    Definitions: Some of the definitions in this notice are from the 
Supplemental Priorities published in the Federal Register on December 
15, 2010 (75 FR 78486), and corrected on May 12, 2011 (76 FR 27637). 
Other selected definitions, which are from the Elementary and Secondary 
Education Act of 1965, as amended (ESEA), are included for the 
convenience of the reader. The definition of ``priority school'' comes 
from the Department's document ``ESEA Flexibility,'' available at 
www.ed.gov/esea/flexibility. The remaining definitions are from the 
notice of final priorities, requirements, and definitions published in 
the Federal Register on June 18, 2010 (75 FR 34892). After each 
definition, we identify its source.
    Community-based organization means a public or private nonprofit 
organization of demonstrated effectiveness that--
    (a) Is representative of a community or significant segments of a 
community; and
    (b) Provides educational or related services to individuals in the 
community. (ESEA section 9101(6)).
    Head of local government means the head of, or an appropriate 
designee of, the party responsible for the civic functioning of the 
county, city, town, or municipality would be considered the head of 
local government. This includes, but is not limited to, the mayor, city 
manager, or county executive. (75 FR 34892, 34909).
    Local educational agency (LEA) means:
    (1) A public board of education or other public authority legally 
constituted within a State for either administrative control or 
direction of, or to perform a service function for, public elementary 
schools or secondary schools in a city, county, township, school 
district, or other political subdivision of a State, or of or for a 
combination of school districts or counties that is recognized in a 
State as an administrative agency for its public elementary schools or 
secondary schools.
    (2) The term includes any other public institution or agency having 
administrative control and direction of a public elementary school or 
secondary school.
    (3) The term includes an elementary school or secondary school 
funded by the Bureau of Indian Affairs but only to the extent that 
including the school makes the school eligible for programs for which 
specific eligibility is not provided to the school in another provision 
of law and the school does not have a student population that is 
smaller than the student population of the local educational agency 
receiving assistance under this Act with the smallest student 
population, except that the school shall not be subject to the 
jurisdiction of any State educational agency other than the Bureau of 
Indian Affairs.
    (4) The term includes educational service agencies and consortia of 
those agencies.
    (5) The term includes the State educational agency in a State in 
which the State educational agency is the sole educational agency for 
all public schools. (ESEA section 9101(26)).
    Local public health entity means an administrative or service unit 
of local or State government concerned with health and carrying some 
responsibility for the health of a jurisdiction smaller than the State 
(except for Rhode Island and Hawaii, because these States' health 
departments operate on behalf of local public health and have no sub-
State unit). The definition applies to the State health department or 
the State public health entity in the event that the local public 
health entity does not govern health and nutrition issues for the local 
area. (75 FR 34892, 34909).
    Organization supporting nutrition or healthy eating means a local 
public or private non-profit school, health-related professional 
organization, local public health entity, or local business that has 
demonstrated interest and efforts in promoting student health or 
nutrition. This term includes, but is not limited to LEAs (particularly 
an LEA's school food or child nutrition director), grocery stores, 
supermarkets, restaurants, corner stores, farmers' markets, farms, 
other private businesses, hospitals, institutions of higher education, 
Cooperative Extension Service and 4H Clubs, and community gardening 
organizations, when such entities have demonstrated a clear intent to 
promote student health and nutrition or have made tangible efforts to 
do so. This definition does not include representatives from trade 
associations or representatives from any organization representing any 
producers or marketers of food or beverage product(s). (75 FR 34892, 
34909).
    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. (76 FR 27637, 27640).

    Note: For the purposes of Competitive Preference Priority 1 in 
this notice, 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, FY 
2010, or FY 2011 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 http://www2.ed.gov/programs/sif/index.html.

    Priority school means a school that is on a State's list of 
priority schools under its approved ESEA flexibility request and that, 
based on the most recent data available, has been identified as among 
the lowest-performing schools in the State, consistent with one of the 
following criteria: (1) A school among the lowest five percent of Title 
I schools in the State based on the achievement of the ``all students'' 
group in terms of proficiency on the statewide assessments that are 
part of the SEA's differentiated recognition, accountability, and 
support system, combined, and has demonstrated a lack of progress on 
those assessments over a number of years in the ``all students'' group; 
(2) a Title I-participating or Title I-eligible high school with a 
graduation rate less than 60 percent over a number of years; or (3) a 
Tier I or Tier II school

[[Page 13045]]

under the SIG program that is using SIG funds to implement a school 
intervention model.

    Note: A list of priority schools in each State approved for ESEA 
flexibility may be found on the SEA's Web site. The following States 
have been approved for ESEA flexibility: Arkansas, Arizona, 
Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, 
Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, 
Minnesota, Mississippi, Missouri, Nevada, New Jersey, New Mexico, 
New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, 
South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, 
and Wisconsin. In addition, the District of Columbia has been 
approved for ESEA flexibility.

    Program Authority: 20 U.S.C. 7261-7261f.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 86, 97, 98, and 99. (b) The Education Department suspension 
and debarment regulations in 2 CFR part 3485. (c) The regulations in 34 
CFR part 299. (d) 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). 
(e) The notice of final priorities, requirements, and definitions 
published in the Federal Register on June 18, 2010 (75 FR 34892). (f) 
The Supplemental Priorities published in the Federal Register on 
December 15, 2010 (75 FR 78486), and corrected on May 12, 2011 (76 FR 
27637).

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.


    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration's budget request for 
FY 2013 does not include funds for this program. In place of this and 
several other, sometimes narrowly targeted, programs that address 
students' safety, health, and drug-prevention, the Administration has 
proposed to create, through the reauthorization of the Elementary and 
Secondary Education Act of 1965, a broader Successful, Safe, and 
Healthy Students program that would increase the capacity of States, 
districts, and their partners to provide the resources and supports for 
safe, healthy, and successful students. However, we are inviting 
applications for PEP to allow enough time to complete the grant process 
before the end of the current fiscal year, if Congress appropriates 
funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards later in FY 2013 and in 
subsequent years from the list of unfunded applicants from this 
competition.
    Estimated Range of Awards: $100,000-$750,000.
    Estimated Average Size of Awards: $375,000.
    Estimated Number of Awards: 95.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: (a) LEAs, including charter schools that 
are considered LEAs under State law, and CBOs, including faith-based 
organizations provided that they meet the applicable statutory and 
regulatory requirements.
    (b) The Secretary limits eligibility under this discretionary grant 
competition to LEAs or CBOs that do not currently have an active grant 
under PEP. 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.
    2. (a) Cost Sharing or Matching: In accordance with section 5506 of 
the ESEA, the Federal share of the project costs may not exceed (i) 90 
percent of the total cost of a program for the first year for which the 
program receives assistance; and (ii) 75 percent of such cost for the 
second and each subsequent year.
    (b) Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. Funds made available under this 
program must be used to supplement, and not supplant, any other 
Federal, State, or local funds available for physical education 
activities in accordance with section 5507 of the ESEA.
    3. Other: An application for funds under this program may provide 
for the participation, in the activities funded, of (a) students 
enrolled in private nonprofit elementary schools or secondary schools, 
and their parents and teachers; or (b) home-schooled students, and 
their parents and teachers.

IV. Application and Submission Information

    1. Address to Request Application Package: Carlette KyserPegram, 
U.S. Department of Education, 400 Maryland Avenue SW, room 10007, PCP, 
Washington, DC 20202-6450. Telephone: (202) 245-7871. You can also 
obtain an application package via the Internet. To obtain a copy via 
Internet, use the following address: www.ed.gov/programs/whitephysed/applicant.html.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
    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 in 
this section.
    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:
     A ``page'' is 8.5 x 11, on one side 
only, with 1 margins at the top, bottom, and both sides.
     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.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The page limit does not apply to the cover sheet; the budget 
section, including the narrative budget justification; 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.
    Our reviewers will not read any pages of your application that 
exceed the page limit.
    3. Submission Dates and Times:
    Applications Available: February 26, 2013.
    Deadline for Transmittal of Applications: April 12, 2013.
    Applications for grants under this program must be submitted 
electronically using the Grants.gov

[[Page 13046]]

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 
of 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: June 10, 2013.
    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: Funds may not be used for construction 
activities or for extracurricular activities, such as team sports and 
Reserve Officers' Training Corps program activities (See section 
5503(c) of the ESEA).
    In accordance with section 5505(b) of the ESEA, not more than five 
percent of grant funds provided under this program to an LEA or CBO for 
any fiscal year may be used for administrative expenses.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice. Information about 
prohibited activities and use of funds also is included in the 
application package for this competition.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, Central Contractor Registry, and System for Award Management: 
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))--and, after July 24, 2012, with the System 
for Award Management (SAM), the Government's primary registrant 
database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active CCR or SAM 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 2-5 weeks for your TIN to become active.
    The CCR or SAM 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 registration annually. This may take three or more 
business days to complete. Information about SAM is available at 
SAM.gov.
    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 Carol M. White Physical Education 
Program, CFDA number 84.215F, must be submitted electronically using 
the Governmentwide Grants.gov Apply site 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 Carol M. 
White Physical Education Program 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 
(i.e., search for 84.215, not 84.215F).
    Please note the following:
     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.
     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 4:30:00 
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 4:30:00 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 
4:30:00 p.m., Washington, DC time, on the application deadline date.
     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.
     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.

[[Page 13047]]

     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.
     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.
     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.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     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).
     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 4:30:00 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 4:30:00 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 4:30:00 
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--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Grants.gov system; and
     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 
prevents you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked 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: Carlette KyserPegram, 
U.S. Department of Education, 400 Maryland Avenue SW., room 10007, 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 84.215F), 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 84.215F), 550 12th Street SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.

The Application Control Center accepts hand deliveries daily between 
8:00 a.m. and 4:30:00 p.m., Washington, DC time,

[[Page 13048]]

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 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).
    An additional factor we consider in selecting applications for an 
award is equitable distribution of awards among LEAs and CBOs serving 
urban and rural areas. (See 20 U.S.C. 7261e(b).)
    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 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your 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 of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of 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) There are reporting requirements under this program, including 
under section 5505(a) of the ESEA and 34 CFR 75.118 and 75.720. In 
accordance with section 5505(a) of the ESEA, grantees under this 
program are required to submit an annual report that--
    (1) Describes the activities conducted during the preceding year; 
and
    (2) Demonstrates that progress has been made toward meeting State 
standards for physical education.
    This annual report must also address progress toward meeting the 
performance and efficiency measures established by the Secretary for 
this program and described in the next section of this notice.
    (c) 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 Secretary has established the 
following key performance measures for collecting data to use in 
assessing the effectiveness of PEP:
    (a) The percentage of students served by the grant who engage in 60 
minutes of daily physical activity measured by using pedometers for 
students in grades K-12 and an additional 3-Day Physical Activity 
Recall (3DPAR) instrument to collect data on students in grades 5-12.
    (b) The percentage of students served by the grant who meet the 
standard of a healthy fitness zone as established by the assessment for 
the Presidential Youth Fitness Program (PYFP) in at least five of the 
six fitness areas of that assessment.
    (c) The percentage of students served by the grant who consume 
fruit two or more times per day and vegetables three or more times per 
day as measured in programs serving high school students using the 
nutrition-related questions from the Youth Risk Behavior Survey and in 
programs serving elementary and middle school students using an 
appropriate assessment tool for their populations.
    For each measure, grantees should collect and aggregate data from 
two discrete data collection periods throughout each year. During the 
first year, grantees have an additional data collection period prior to 
program implementation to collect baseline data.
    (d) The cost (based on the amount of the grant award) per student 
who achieves the level of physical activity required to meet the 
physical activity measure above (i.e., 60 minutes of daily physical 
activity).
    These measures constitute the Department's measures of success for 
this program. Consequently, applicants for a grant under this program 
are advised to give careful consideration to these measures in 
conceptualizing the approach and evaluation of their proposed project. 
If funded, applicants will be asked to collect and report data in their 
performance and final reports about progress toward 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

[[Page 13049]]

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 Contact

FOR FURTHER INFORMATION CONTACT: Carlette KyserPegram, U.S. Department 
of Education, 550 12th Street SW., room 10007, PCP, Washington, DC 
20202-6450. Telephone: 202-245-7871 or by email: 
Carlette.KyserPegram@ed.gov.
    If you use a TDD or a 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 accessible 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 of 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: February 21, 2013.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2013-04414 Filed 2-25-13; 8:45 am]
BILLING CODE 4000-01-P