Program of Protection and Advocacy of Individual Rights (84.240)

Program

84.240 Program of Protection and Advocacy of Individual Rights

Federal Agency

Agency: Department of Education
Office: Office Of Special Education And Rehabilitative Services

Authorization

Rehabilitation Act of 1973, as amended , Title V, Part 509.

Program Number

84.240

Last Known Status

Active

Objectives

To provide grants for States to support systems for protection and advocacy for the rights of individuals with disabilities who are ineligible for advocacy services from the other protection and advocacy programs or whose problems fall outside the scope of services available from the Client Assistance Program (CAP). 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.

Types of Assistance

PROJECT GRANTS

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

No Credentials or documentation are required. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

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. Environmental impact information is not required 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 the program for review.

Application Procedure

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. 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 Procedure

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 or regional office, as appropriate, for application deadlines.

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

This program has no statutory formula.

Matching Requirements: In accordance with the Act Federal funds are distributed on the basis of the relative population in each State, except no State shall receive less than $100,000, Territories $50,000.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Annual formula grants. See the following for information on how assistance is awarded/released: Electronic transfer.

Post Assistance Requirements

Reports

Performance reports are required annually. 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. Required quarterly. No progress reports are required. No expenditure reports are required. Performance reports are required annually.

Audits

This program is excluded from coverage under OMB Circular No. A-133. 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.

Program Accomplishments

Fiscal Year 2008: About 71,300 individuals were served. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

91-0301-0-1-506.

Obligations

(Formula Grants) FY 08 $16,201,000; FY 09 est $16,201,000; FY 10 est $17,101,000

Range and Average of Financial Assistance

to be determined.

Regulations, Guidelines and Literature

The regulations were published at 34 CFR 381.

Related Programs

84.161 Rehabilitation Services_Client Assistance Program

Information Contacts

Regional or Local Office

None.

Headquarters Office

James Billy Department of Education, OSERS Rehabilitation Services Administration, 400 Maryland Ave., S.W., Washingotn, District of Columbia 20202 Email: james.billy@ed.gov Phone: (202) 245-7273.

Web Site Address

http://www.ed.gov/programs/rsapair/index.html.

Examples of Funded Projects

Fiscal Year 2008: 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. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

Not Applicable.