Program of Protection and Advocacy of Individual Rights (84.240)

 

Program

84.240 Program of Protection and Advocacy of Individual Rights

 

Federal Agency

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION

 

Authorization

Rehabilitation Act of 1973, as amended Title V, Section 509, 29 U.S.C. 796g; 42 U.S.C. 10801 et seq.

 

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 Rehab 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 systems 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.

 

Application 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 Procedure

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 approved applications have been received, 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 regional office for application deadlines.

 

Range of Approval/Disapproval Time

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 24, 1997), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 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

In fiscal year 2002, about 67,400 individuals were served.

 

Financial Information

Account Identification

91-0301-0-1-506.

Obligations

(Grants) FY 02 $15,200,000; FY 03 est $16,890,000; and FY 04 est $17,880,000.

Range and Average of Financial Assistance

The range of awards is approximately $82,100 - $1,693,359.

 

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

Information may be obtained from the Regional Commissioner, Rehabilitation Services Administration listed in Appendix IV of the Catalog.

Headquarters Office

U.S. Department of Education, OSERS Rehabilitation Services Administration 400 Maryland Ave., S.W., Rm. 3225, MES Washington, DC 20202-2500. Contact: RoseAnn Ashby. E-mail Address roseann.ashby@ed.gov. Telephone: (202) 205-8719.

Web Site Address

http://www.ed.gov/offices/OSERS/RSA/Programs/Formula/pair.html

 

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..

 

Criteria for Selecting Proposals

Not applicable.