Program of Protection and Advocacy of Individual Rights

 

To provide grants for States, and to the eligible system serving the American Indian Consortium when sufficient funds are appropriated for the program in accordance with section 509(c)(1)(B) of the Rehabilitation Act of 1973 (Rehabilitation Act), to support protection and advocacy systems to protect the legal and human rights of individuals with disabilities who are ineligible for 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 a statutory non-supplanting requirement and, therefore, must use a restricted indirect cost rate in accordance with 34 CFR 76.563 through 76.569. For assistance with questions related to the restricted indirect cost rate, call the Office of Grants Administration/Indirect Cost Division at (202) 245-8082.

Active 84.240 Office of Special Education and Rehabilitative Services, Department of Education A - Formula Grants Not applicable. Rehabilitation Act of 1973, as amended, Title V, Section 509 Only designated protection and advocacy agencies in each State and Territory, and the protection and advocacy system serving the American Indian Consortium, may apply. Except for the protection and advocacy system serving the American Indian Consortium, the Governor designates the protection and advocacy agency in each State. Individuals with disabilities will benefit. Not applicable. Preapplication coordination is not applicable. 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 applicants of the eligible protection and advocacy system; (8) use the funds available for this program to supplement, not supplant, 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 statutory formula or statutory minimum amounts, as applicable and the eligible system serving the American Indian Consortium. Not applicable. Not applicable. The State may appeal to the Office of Administrative Law Judges. Not applicable. Not applicable. The Secretary must set aside not less than 1.8 percent and not more than 2.2 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 CAP under Section 112 of the Rehabilitation 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 Act). For any fiscal year in which the amount appropriated for this program equals or exceeds $10,500,000, the Secretary must reserve a portion and make a grant to the eligible system serving the American Indian Consortium. Performance Reports: Performance reports are required annually. As required by EDGAR, the awardee shall maintain accounts, records, and other evidence pertaining to all costs incurred, revenues or other applicable credits acquired under its award, as stated in grant or contract terms and conditions. As required by Education Department General Administrative Regulations for direct grant programs (34 CFR Part 75). The awardee shall maintain accounts, records, and other evidence pertaining to all costs incurred, revenues or other applicable credits acquired under its award as stated in grant or contract terms and conditions. Generally financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to the Federal award must be retained for a period of three years from the date of submission of the final expenditure report as per the requirements at 2 CFR 200.333. Statutory Formula: Basic parameters are established in Section 509(c) of the Rehabilitation Act.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. Annual formula grants. Electronic transfer. None/Not specified. Samuel Pierre
Department of Education, OSERS, Rehabilitation Services Administration, 400 Maryland Ave., SW
Washington, DC 20202 USA
samuel.pierre@ed.gov
Phone: (202) 245-6488 https://www2.ed.gov/programs/rsapair/index.html 91-0301-0-1-506 (Formula Grants) FY 22$19,150,000.00; FY 23 est $20,150,000.00; FY 24 est $20,150,000.00; FY 21$18,150,000.00; FY 20$18,150,000.00; FY 19$17,650,000.00; FY 18$17,650,000.00; FY 17$17,650,000.00; FY 16$17,650,000.00; - For FY 2023, the estimated range of State awards (including the District of Columbia and Puerto Rico) under the distribution formula is $195,895 to $1,975,170, with a median award of $207,213. The estimated award for each of the four outlying areas (i.e., American Samoa, Guam, Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands) is $97,947. The regulations are published at 34 CFR Part 381. Not applicable.