Program of Protection and Advocacy of Individual Rights
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.
General information about this opportunity
Last Known Status
Agency: Department of Education
Office: Office of Special Education and Rehabilitative Services
Type(s) of Assistance Offered
Fiscal Year 2014: No Current Data Available. Fiscal Year 2015: No Current Data Available Fiscal Year 2016: No Current Data Available
Rehabilitation Act of 1973, as amended , Title V, Section 509.
Who is eligible to apply/benefit from this assistance?
Only designated protection and advocacy agencies in each State and Territory may apply. The Governor designates the protection and advocacy agency.
Individuals with disabilities will benefit.
No Credentials or documentation are required. 2 CFR 200, Subpart E - Cost Principles applies to this program.
What is the process for applying and being award this assistance?
Preapplication coordination is not applicable. 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.
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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; (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.
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.
Approval/Disapproval Decision Time
The State may appeal to the Office of Administrative Law Judges.
How are proposals selected?
How may assistance be used?
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, as amended (the Act), and are ineligible for the protection and advocacy programs under Part C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DDA) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI).
What are the requirements after being awarded this opportunity?
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.
This program is excluded from coverage under 2 CFR 200, Subpart F - Audit Requirements. 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.
Final records must be maintained for 3 years after the grant ends or until all audit questions are resolved.
Other Assistance Considerations
Formula and Matching Requirements
Statutory Formula: 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.
Matching requirements are not applicable to this program.
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.
Who do I contact about this opportunity?
Regional or Local Office
Jessica Smith, Department of Education, OSERS Rehabilitation Services Administration, 400 Maryland Ave., S.W., Washington, District of Columbia 20202 Email: email@example.com
Phone: (202) 245-6493.
(Formula Grants) FY 14 $17,650,000; FY 15 est $17,650,000; and FY 16 est $17,650,000
Range and Average of Financial Assistance
to be determined.
Regulations, Guidelines and Literature
The regulations were published at 34 CFR Part 381.
Examples of Funded Projects