Program of Protection and Advocacy of Individual Rights
This program is subject to non-supplanting requirements and must use a restricted indirect cost rate which is referenced under 34 CFR 76.564-76.569.
For assistance call the Office of the Chief Financial Officer/Indirect Cost Group at 202-708-7770.
Examples of Funded Projects
Eligible systems have pursued legal, administrative, and other appropriate remedies or approaches to protect and advocate for the rights of individuals with disabilities.
Protection and advocacy systems may be housed in public or private entities.
The Department of Education ensures equal access to education and promotes educational excellence through coordination, management and accountability in Federal education programs. The Department works to supplement and complement educational efforts on all levels, encouraging increased involvement by the public, parents and students.
Program Accomplishments
About 71,300 individuals were served during FY 07.
Uses and Use Restrictions
Federal funds are used to support a system in each State to protect the legal and human rights of individuals with disabilities who need services that are beyond the scope of the Client Assistance Program (CAP) under Section 112 of the Rehabilitation Act of 1973 (the Act) and are ineligible for the protection and advocacy programs under Part C of the Developmental Disabilities Assistance and Bill of Rights Act (DDA) and the Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI) or who need services that are not available from CAP, DDA, or PAIMI.
Eligibility Requirements
Applicant Eligibility
Only designated protection and advocacy agencies in each State and Territory may apply.
The Governor designates the protection and advocacy agency.
Beneficiary Eligibility
Individuals with disabilities will benefit.
Credentials/Documentation
Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Aplication and Award Process
Preapplication Coordination
The standard application forms as furnished by the Federal agency and required by OMB Circular No.
A-102 must be used for this program.
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 on the process the State requires to be followed in applying for assistance, if the State has selected this program for review.
Application Procedures
Any application for a grant must contain assurances that the eligible protection and advocacy system will: (1) have in effect a system to protect and advocate for the rights of eligible individuals with disabilities; (2) have the same general authorities as outlined in Part C of the DDA Act; (3) have the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of individuals with disabilities; (4) provide information and referral services to individuals with disabilities in the State; (5) develop a priorities and objectives statement each year; (6) seek public comment about their proposed priorities and objectives statement; (7) establish a grievance procedure for clients and prospective clients of the eligible protection and advocacy system; (8) use the funds available for this program to supplement nonfederal funds that would otherwise be available for this purpose; and (9) utilize, to the maximum extent possible, mediation and other alternative dispute resolution procedures before resorting to formal administrative or legal remedies.
Award Procedures
Once the applications have been approved, awards are made on the basis of the relative population of each State. The minimum allotment is $100,000 for States and $50,000 for Territories.
Deadlines
Contact the headquarters office, RSA, for application deadlines.
Authorization
Rehabilitation Act of 1973, as amended Title V, Section 509, 29 U.S.C. 796g; 42 U.S.C. 10801 et seq.
Range of Approval/Disapproval Time
Not applicable.
Appeals
The State may appeal to the Office of Administrative Law Judges.
Renewals
Not applicable.
Assistance Considerations
Formula and Matching Requirements
None.
Length and Time Phasing of Assistance
Annual formula grants.
Post Assistance Requirements
Reports
A report describing the types of services and activities being undertaken by programs funded under the program, the total number of individuals served, the types of disabilities represented by such individuals, and the types of issues being addressed on behalf of such individuals.
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
Final records must be maintained for 3 years after the grant ends or until all audit questions are resolved.
Financial Information
Account Identification
91-0301-0-1-506.
Obigations
(Grants) FY 07 $16,489,000; FY 08 est $16,201,000; and FY 09 est $16,201,000.
Range and Average of Financial Assistance
The range of awards is approximately $160,311 - $1,663,983 in FY 08.
Regulations, Guidelines, and Literature
The regulations were published at 34 CFR 381.
Information Contacts
Regional or Local Office
None.
Headquarters Office
Department of Education, OSERS Rehabilitation Services Administration 400 Maryland Ave., S.W., Washington, DC 20202-2500. Contact: James Billy, E-mail: james.billy@ed.gov. Telephone: (202) 245-7273.
Criteria for Selecting Proposals
None.
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