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.

Agency - Department of Education

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.




Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Disability Rights South Dakota $ 30,932   2021-10-012022-09-30
Protection And Advocacy Services, Indiana $ 54,075   2021-10-012022-09-30
Virgin Islands Advocacy Inc $ 15,466   2021-10-012022-09-30
Disability Rights Tennessee $ 54,854   2021-10-012022-09-30
Hawaii Disability Rights Center $ 30,932   2021-10-012022-09-30
Michigan Protection & Advocacy Service, Inc $ 80,217   2021-10-012022-09-30
Guam Legal Services Corporation $ 15,466   2021-10-012022-09-30
University Legal Services, Inc. $ 30,932   2021-10-012022-09-30
Protection & Advocacy Project, North Dakota $ 30,932   2021-10-012022-09-30
Mid Minnesota Legal Assistance $ 45,299   2021-10-012022-09-30



Program Accomplishments

Fiscal Year 2016: No Current Data Available. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

The Secretary must first set aside not less than 1.8 percent and not more than 2 percent of the funds appropriated for this program for training and technical assistance to eligible systems established under this program.

Federal formula 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).

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. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

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.

Application Procedures

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.

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

Not Applicable.

Authorization

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

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

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. In any year in which the total appropriation exceeds $10.5 million, the Secretary must award not less than $50,000 to the eligible system established under the Developmental Disabilities Assistance and Bill of Rights Act to serve the American Indian consortium. Matching requirements are not applicable to this program. 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.

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.

Cash reports are not applicable.

No progress reports are required.

No expenditure reports are required.

Performance reports are required annually.

Audits

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.

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

(Formula Grants) FY 16 $17,650,000; FY 17 est $17,650,000; and FY 18 est $17,650,000

Range and Average of Financial Assistance

In FY 2017, the estimated range of awards is $73,600 to $1,782,144, with a median State award, excluding outlying, areas of $192,444.

Regulations, Guidelines, and Literature

The regulations were published at 34 CFR Part 381.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Jessica Smith, Department of Education, OSERS Rehabilitation Services Administration, 400 Maryland Ave., S.W., Washington, District of Columbia 20202 Email: jessica.smith@ed.gov Phone: (202) 245-6493.

Criteria for Selecting Proposals

Not Applicable.


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