[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13514]
[[Page Unknown]]
[Federal Register: June 3, 1994]
_______________________________________________________________________
Part VI
Department of Justice
_______________________________________________________________________
Civil Rights Division
_______________________________________________________________________
The American With Disabilities Act Technical Assistance Grants to
Promote Voluntary Compliance With the Act; Notice
DEPARTMENT OF JUSTICE
Civil Rights Division, Public Access Section
The Americans With Disabilities Act Technical Assistance Grants
To Promote Voluntary Compliance With the Act
AGENCY: Public Access Section, Civil Rights Division, U.S. Department
of Justice.
ACTION: Notice of availability of funds and of solicitation for grant
applications.
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PURPOSE: The Public Access Section of the Civil Rights Division, United
States Department of Justice (DOJ), announces the availability of up to
$2.25 million to develop and implement projects to inform and educate
covered entities and individuals with disabilities about their
responsibilities and rights under title II and title III of the
Americans with Disabilities Act of 1990 (ADA) and to facilitate
voluntary compliance with titles II and III of the Act and the
Department's implementing regulations. The term ``covered entities''
refers to businesses, commercial properties, institutions, State or
local governments or their agencies, and other organizations or
enterprises that have responsibilities under title II or title III of
the ADA.
Grants will be awarded to selected applicants who propose cost-
effective and efficient methods of educating entities and individuals
with responsibilities and rights under the ADA as well as
professionals, such as practicing architects, attorneys, building
contractors and others, who provide services to these groups and may
assist them in understanding and complying with the requirements of the
Act. The primary objective of this program is to encourage and
facilitate voluntary compliance with titles II and III of the ADA and
the Department's implementing regulations. Only submissions that
propose projects of national scope or significance will be considered.
In fiscal year 1994, the Department is seeking grant applications
in the following six (6) priority areas:
(1) Dissemination of ADA informational materials to architects and
other design professionals at the local, State, and regional level;
(2) Dissemination of ADA informational materials to building
contractors, construction tradespeople, building inspectors and plan
reviewers at the local, State, and regional level;
(3) ADA education for state and local historic preservation
offices, committees, boards and zoning and code officials involved in
historic preservation decisions;
(4) ADA education for staff of legal services offices, legal aid
societies, and public interest law centers;
(5) ADA education and pilot project for professional mediators;
(6) ``The ADA: Civil Rights Law'' educational audiovisual
materials.
Projects must propose to conduct activities under the grant that
have been specifically tailored to meet the particular needs of the
targeted audience. Detailed information regarding these specific
priorities may be found in the Program Priorities section of this
solicitation.
Although the Department has identified the above priorities for
grant awards during FY 1994, other meritorious projects offering
innovative methods of providing ADA Technical Assistance are eligible
for consideration. In order to be considered, projects must have a
clear statement of need and have national scope or significance.
The Department anticipates that grants will be awarded in amounts
ranging from $85,000 to $200,000.
For Further Information Contact: Ruth Hall Lusher, ADA Technical
Assistance Program Manager, Public Access Section, Civil Rights
Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC
20035-6738. 1-800-514-0301 (Voice) or 1-800-514-0383 (TTY). This notice
and other related information, with the exception of standard forms,
are available in alternate formats, e.g., large print, braille,
audiotape, and computer disk. With the exception of standard forms,
this information may also be accessed through the Civil Rights
Division's electronic bulletin board at (202) 514-6193.
Background and Program Description
On January 26, 1992, the major provisions of titles II and III of
the Americans with Disabilities Act (ADA) went into effect. The ADA
provides legal protection to individuals with disabilities in the areas
of public accommodations, commercial facilities, State and local
government services, transportation, and employment. Title III
prohibits discrimination on the basis of disability in a broad range of
public accommodations, commercial facilities and certain transportation
services. Title II prohibits discrimination on the basis of disability
in State and local government programs and services, including
transportation, and State and local government employment. The
employment (title I) and transportation (title II, Subpart B)
provisions of the ADA are regulated by other Federal agencies and are
not the subject of this Notice.
Section 506 of the ADA requires that the Department of Justice
render technical assistance to entities and individuals that have
responsibilities or rights under title II (subtitle A, State and local
government services) and title III (public accommodations and
commercial facilities) of the ADA.
Pursuant to this requirement, the Department provides a variety of
ADA-related services and information, including:
--A telephone information service (for voice and TTY callers) through
which members of the public may obtain recorded information and place
orders for ADA materials 24 hours/day and may discuss questions they
have about the ADA with information specialists during certain business
hours. This service has recently been converted to a toll-free ``1-
800'' number and the number of hours of staffed service has been
expanded;
--A speaker's bureau through which organizations can arrange to have
ADA experts from the Civil Rights Division speak on a variety of ADA
issues; and
--Distribution of written materials, including the Department's
regulations implementing titles II and III, technical assistance
manuals for titles II and III, an ADA Questions and Answers booklet,
and other reference materials. These materials are available in
standard print, large print, braille, audiotape, and computer disk.
They may also be obtained through the Civil Rights Division's
electronic bulletin board.
Under section 506(d) of the Act, the Department has authority to
award grants to individuals and non-profit entities for the purpose of
supplementing the Department's technical assistance efforts. The
Technical Assistance Grant Program is designed to develop and implement
cost-effective and efficient strategies to disseminate information
about the responsibilities and rights of covered entities and
individuals under titles II and III of the ADA, with the goal of
fostering understanding of, and facilitating voluntary compliance with,
the ADA nationwide.
This grant program is designed specifically to increase the level
of knowledge of the ADA in order to ultimately increase the level of
voluntary compliance with the ADA. The program is not intended to fund
or support site-specific compliance implementation (e.g., funding to
make specific facilities more accessible). Nor is it intended to fund
or support inspections, reviews, or tests to determine whether an
entity is meeting its compliance obligations. Proposals to conduct
projects of these sorts will not be considered.
Since the initiation of the grant program in 1991, the Department
has awarded grants to 30 non-profit organizations. The recipients have
included a wide range of groups, and the types of projects previously
funded include: Projects to develop and disseminate educational
materials, including detailed manuals, brochures and videotapes, to
explain the regulations and how to comply with the ADA; projects to
disseminate existing information to targeted audiences; projects to
develop and conduct ADA training programs and seminars; projects to
operate telephone information lines to answer various questions about
the provisions of the ADA; and projects to develop and incorporate ADA
materials into professional educational curricula and programs.
Grantee projects have targeted various audiences of persons with
responsibilities under title III or title II of the ADA, persons with
disabilities with rights under the ADA, and persons who, because of
their areas of professional or technical expertise, provide services
that may assist these groups in understanding and complying with the
requirements of the Act.
Title III projects have been directed toward educating owners and
operators of restaurants and bars, hotels and motels, retail stores,
grocery stores, professional offices, recreation and fitness centers,
museums and other places of collection, travel and tour agents,
hospitals and health care providers, service providers for elderly
persons, day care centers, small shops and stores, and large commercial
properties.
Title II projects have worked toward educating mayors and governing
bodies of U.S. cities with populations over 30,000 and towns with
populations under 10,000, law enforcement agencies, 911/emergency
response operators, state courts, state social service agencies, public
libraries, and persons involved in testing for licensure and
certification purposes.
While some projects have focused on educating people with
disabilities about their rights under titles II and III of the ADA,
others have educated covered entities with responsibilities under the
ADA on how to accommodate people with different kinds of disabilities,
such as people with mobility impairments, manual impairments, hearing
impairments, speech impairments, vision impairments, seizure disorders,
mental retardation, mental illness, and people with cognitive,
developmental, or learning disabilities.
Other projects have been directed toward persons who can assist
others in complying with the ADA, including professors and students in
architecture, interior design, industrial design, and landscape
architecture schools and programs; state and local building code
officials; disability advocates; librarians; and community mediators.
Several grant recipients have directed technical assistance toward
persons who speak Spanish and other non-English languages.
Some effective strategies used by grantees have been to integrate
ADA Technical Assistance materials into established programs and the
creation of an innovative project conducted on a statewide basis, that
can be studied and replicated by others nationally. For example, the
Police Executive Research Forum is creating a set of materials, with
some material specifically developed to be integrated into police
academy training and others for use in on-the-job roll-call training.
The set of materials includes a series of modules on protecting the
rights of persons with seizure disorders, speech and hearing
impairments, and mental illness. The Chief Officers of State Library
Agencies is creating a single source collection of ADA materials that
will be available to the public nationwide through their local
libraries. The National Association of Towns and Townships is producing
ADA materials to train regional and state ADA technical assistance
providers to assist them in educating officials from small towns with
fewer than 10,000 residents on how to comply with the ADA.
The American Association of Retired Persons will create materials
and conduct training sessions throughout the country to educate older
persons with disabilities about their rights under the ADA. The results
of a South Carolina project, which partners different State agencies
and a state-based advocacy organization for persons with mental illness
to examine and correct ways in which social service and public benefit
programs discriminate against persons with mental illness, will be
disseminated nationwide.
A description of all projects, including a list of materials that
have been or are being produced by grant recipients, may be obtained by
calling 1-800-514-0301 (Voice) or 1-800-514-0383 (TTY) or the
electronic bulletin board at (202) 514-6193.
Applicants should be aware that the Department does not fund
projects to research or resolve issues that are outside the scope of
the Department's current ADA regulations and court interpretations. For
example, the Department would not fund a project concerning the design
of accessible physical environments for children because standards have
not yet been adopted by the Department in this area.
Only proposals to conduct projects of national scope or
significance will be considered. For example, a professional or trade
association at the national level that proposes to target educational
information to its membership nationwide might be funded. A local or
state trade association with no national affiliation or reach would not
be funded, unless the local or state group could adequately demonstrate
its ability to draw national attention to, and participation in, its
project.
The Department is particularly interested in receiving proposals
that: specifically address how members of minority communities will be
included within the population targeted by the applicant for receipt of
technical assistance; reflect an ability to begin project activities in
an expedited manner; utilize materials already developed by Federal
agencies and their grantees or contractors; represent joint ventures
between organizations that represent persons with disabilities and
organizations that provide services that may assist covered entities in
their compliance efforts; and engage national membership organizations
in supporting the project's objectives.
Eligible Applicants. This grant competition is open to individuals
and to non-profit organizations, including trade and professional
associations or their subsidiaries, organizations representing State
and local governments or their employees, other organizations
representing entities covered by the ADA, State and local government
agencies, and national and local organizations representing persons
with disabilities.
Grant Period and Award Amount. The period of performance will be
twelve months from the date of the grant award. A total of $2.25
million is available for this technical assistance grant program; it is
anticipated that grants will be awarded in amounts ranging from $85,000
to $200,000. However, the estimated funding level in this notice does
not bind the Department of Justice to make any awards or to any
specific number of awards or funding levels.
Application Deadline. Applications must be received by the close of
business (5:30 p.m. EST) on August 2, 1994 at the Public Access
Section, Civil Rights Division, U.S. Department of Justice, P.O. Box
66738, or 1425 New York Ave., NW., room 4039, Washington, DC 20035-
6738. Applications may not be sent by Fax. Applications received after
5:30 p.m. on August 2, 1994 will not be considered for award, even if
the application was postmarked before that date. Incomplete
applications will not be considered for award. In order to be
considered complete, an original and two copies of the application
packet described in the Application Requirements section must be
submitted.
Program Priorities
Since the inception of the ADA Technical Assistance Grant Program
in 1991, the Department has funded over 30 projects, with the primary
focus being to educate entities and individuals with responsibilities
and rights under titles II and III of the ADA. Many of the audiences
targeted have been those with title III responsibilities, including
owners and operators of retail stores, supermarkets, hotels and motels,
day care centers, and health care and other service providers. Projects
directed toward educating those with obligations under title II have
included law enforcement agencies, state court systems, 911/emergency
response operators, city and town governing bodies, and publicly funded
hospitals and other health care services. Targeted audiences have also
included people with disabilities with rights under titles II and/or
III.
As the purpose of the Grant Program is to promote and facilitate
voluntary compliance with the ADA, the Department believes that it is
necessary to identify, educate and work with professionals at the
local, State, and regional level who, because of their professional or
technical expertise, provide services to the above audiences and may
assist them in understanding and complying with the requirements of the
Act. For this reason, the Department has expressed a particular
interest in receiving proposals that target this specific audience in
the following six priority areas:
Priority 1: Dissemination of ADA informational materials to
architects and other design professionals at the local, State, and
regional level. Architects and other design professionals play an
essential role in ensuring that newly constructed facilities and
additions or alterations to existing facilities are designed and built
in accordance with the ADA Standards for Accessible Design. Businesses,
State and local governments, service agencies and other ADA covered
entities rely on the knowledge and expertise of the architect; they
expect that the professional will design a building or facility that
will meet a myriad of needs, one of which is compliance with the ADA
Standards for Accessible Design.
With access to educational materials and services, architects and
design professionals at the local level can help business owners comply
with the ADA and reduce claims of discrimination by people with
disabilities based on inaccessible facilities or elements. Since the
enactment of the ADA, a wealth of educational material on complying
with the accessible design requirements has been developed by Federal
agencies to be used by entities and individuals with responsibilities
and rights under the ADA and professionals who may provide services
that will assist these groups in understanding and complying with the
requirements of the Act. Examples of such information include the
Department of Justice's ADA Standards for Accessible Design, and titles
II and III Technical Assistance Manuals; the Access Board's ADA
Accessibility Guidelines Checklist and various Technical Assistance
Bulletins (addressing accessibility topics such as detectable warnings,
visual alarms, TTYs, slip-resistant surfaces and using ADAAG). Other
materials have been produced through federally funded grant programs
and examples include DOJ funded projects such as the American Hotel and
Motel Association's Accommodating All Guests compliance manual, the
Food Marketing Institute's ADA Starter Kit for Supermarkets and the ADA
Compliance Manual for Supermarkets, and the National Restaurant
Association's ADA: Answers for Foodservice Operators compliance manual
and A Warm Welcome videotape on compliance for the food service
industry. Examples of grants funded through the National Institute on
Disability and Rehabilitation Research (NIDRR) include numerous ADA
Design Tech Sheets (illustrated technical materials addressing such
topics as signage, areas of rescue assistance, accessible route, ATMs,
curb ramps, ground and floor surfaces, etc.), and the Title II Action
Guide for State and Local Governments.
The Government has also created a variety of informational
services, such as the Department of Justice's toll-free ADA Information
Line, through which individuals can speak directly with an ADA
Specialist, or access recorded information about the requirements of
the ADA 24 hours a day. Information about the ADA may also be
downloaded through the Department's Electronic Bulletin Board. Similar
services are available through other Federal agencies.
Despite the existence of these materials, many of which are
available free of charge from the Department and other Federal
agencies, many professionals at the local level are unaware of their
availability and continue to design and build facilities that do not
comply with the ADA Standards for Accessible Design.
The goal of Priority 1 is to develop a nationwide system to inform
architects and design professionals about the ADA and the availability
of these informational materials and services to ensure dissemination
of existing ADA materials to practicing architects and other design
professionals at the local level. The project should utilize existing
channels, such as professional and trade organizations, trade
publications, meetings, and electronic media to inform as wide an
audience of design professionals as possible of the availability of
informational materials and services and to assist with dissemination.
In establishing this system, the project should seek to establish links
between existing Federal information resources and private
dissemination channels and implement an approach through which the
Department can continue to disseminate new materials to targeted
audiences, as they are developed, on an on-going, long-term basis
following the conclusion of the grant period. Types of mechanisms that
could be used to accomplish this might include the development of
articles for publication in trade journals, the distribution of sample
or resource packets to architectural libraries, the presentation of
information about the ADA and the availability of Federal resources and
materials through computer networks and electronic media, etc.
Priority 1 is an ADA informational materials dissemination project
for architects and design professionals at the local, State, and
regional levels that shall include the following major components:
--Identify and compile specific materials that have been or are being
developed by the Department of Justice, its grant recipients, the
National Institute on Disability and Rehabilitation Research's grant
recipients, the Architectural and Transportation Barriers Compliance
Board and other Federal agencies as appropriate that the applicant
intends to publicize to the targeted populations;
--Identify professional and trade organizations that serve architects
and design professionals that have regional, state and local
affiliations through which information and materials could be
disseminated;
--Identify professional and trade journals and other publications
through which the availability of materials can be publicized at the
local, State, and regional levels;
--Establish size of target audience and state explicitly the number of
people expected to be served in the course of the project's activities;
--Specify how the project will reach all parts of the targeted
audience, including professionals serving racial and ethnic minority
communities;
--Develop a plan to effectively publicize and disseminate the
availability of material available from Federal agencies and their
grantees, utilizing, to the extent possible, existing dissemination
mechanisms for architects and design professionals including
professional and trade journals, regional and national conferences,
etc. Such a plan should ensure that the dissemination of materials will
continue after the grant period has ended;
--Develop, reproduce and disseminate marketing materials such as
pamphlets, flyers, articles, ad slicks or other products necessary to
inform architects and design professionals of the availability of ADA
materials;
--Create articles on the requirements of the ADA for publication in
media appropriate to target audience;
--Coordinate with the Department to ensure that future new or updated
materials will continue to be disseminated to professionals at the
local level following the conclusion of the grant period;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience.
Priority 2: Dissemination of ADA informational materials to
building contractors, construction tradespeople, building inspectors
and plan reviewers at the local, State, and regional levels. Building
contractors, construction tradespeople, building inspectors and plan
reviewers play an essential role in ensuring that new construction,
additions, and alterations are accessible. Many smaller projects,
particularly alterations, are accomplished by contractors and
tradespeople without the use of architects or other design
professionals. Business owners, State and local governments, service
agencies and other ADA covered entities rely on the knowledge and
expertise of builders to meet a myriad of needs, one of which is
compliance with the ADA Standards for Accessible Design; and
contractors and tradespeople rely on building inspectors and plan
reviewers for advice and assistance in understanding and applying these
rules.
With access to educational materials and services, building
contractors and skilled construction tradespeople at the local level
can help business owners comply with the ADA and reduce claims of
discrimination by people with disabilities based on inaccessible
facilities or elements. Since the enactment of the ADA, a wealth of
educational material on complying with the accessible design
requirements has been developed by Federal agencies for use by entities
and individuals with responsibilities and rights under the ADA and
professionals who may provide services that will assist these groups in
understanding and complying with the requirements of the Act. Examples
of such information include the Department of Justice's ADA Standards
for Accessible Design, and title II and III Technical Assistance
Manuals; the Access Board's ADA Accessibility Guidelines Checklist and
various Technical Assistance Bulletins (addressing accessibility topics
such as detectable warnings, visual alarms, TTYs, slip-resistant
surfaces and using ADAAG). Other materials have been produced through
federally funded grant programs and examples include DOJ funded
projects such as the American Hotel and Motel Association's
Accommodating All Guests compliance manual, the Food Marketing
Institute's ADA Starter Kit for Supermarkets and the ADA Compliance
Manual for Supermarkets, and the National Restaurant Association's ADA:
Answers for Foodservice Operators compliance manual and A Warm Welcome
videotape on compliance for the food service industry. Examples of
grants funded through the National Institute on Disability and
Rehabilitation Research (NIDRR) include numerous ADA Design Tech Sheets
(illustrated technical materials addressing such topics as signage,
areas of rescue assistance, accessible route, ATMs, curb ramps, ground
and floor surfaces, etc.), and the Title II Action Guide for State and
Local Governments.
The Government has also created a variety of informational
services, such as the Department of Justice's toll-free ADA Information
Line, through which individuals can speak directly with an ADA
Specialist or access recorded information about the requirements of the
ADA 24 hours a day. Information about the ADA may also be downloaded
through the Department's Electronic Bulletin Board. Similar services
are available through other Federal agencies.
Despite the existence of these materials, many of which are
available free of charge from the Department of Justice and other
Federal agencies, many individuals at the local level are unaware of
their availability and continue to build or alter facilities that do
not comply with the ADA Standards for Accessible Design.
The goal of Priority 2 is to develop a nationwide system to inform
building contractors, construction tradespeople, building inspectors
and plan reviewers about the ADA and the availability of these
informational materials and services to ensure the dissemination of
existing ADA materials to contractors and others at the local level.
The project should utilize existing channels, such as trade
organizations, trade publications, meetings, and electronic media to
inform as wide an audience of contractors and others as possible of the
availability of the material and to assist with dissemination. In
establishing this system, the project should seek to establish links
between existing Federal information resources and private
dissemination channels and implement an approach through which the
Department can continue to disseminate new materials, as they are
developed, on an on-going, long-term basis following the conclusion of
the grant period. Types of mechanisms that could be used to accomplish
this might include the development of articles for publication in trade
journals, the distribution of sample or resource packets to libraries
serving the target population, the presentation of information about
the ADA and the availability of Federal resources and materials, and
making the same available through computer networks and other
electronic media.
Priority 2 is an ADA informational materials dissemination project
for building contractors, construction tradespeople and others at the
local, State, and regional level that shall include the following major
components:
--Identify and compile specific materials that have been or are being
developed by the Department of Justice, its grant recipients, the
National Institute on Disability and Rehabilitation Research's grant
recipients, the Architectural and Transportation Barriers Compliance
Board and other Federal agencies as appropriate that the applicant
intends to publicize to the populations to be served by the project;
--Identify professional and trade organizations serving the targeted
population with regional, State and local affiliations through which
information and materials could be disseminated;
--Identify professional and trade journals and other publications
through which the availability of materials can be publicized at the
local, State, and regional level;
--Establish size of target audience and state explicitly the number of
people expected to be served in the course of the project's activities;
--Specify how the project will reach all parts of the targeted
audience, including racial and ethnic minority communities;
--Develop a plan to effectively publicize and disseminate the
availability of material available from Federal resources and their
grantees utilizing, to the extent possible, existing dissemination
mechanisms for the targeted population including professional and trade
journals, regional and national conferences, etc.;
Such a plan should ensure that dissemination will continue after
the grant period has ended;
--Develop, reproduce and disseminate marketing materials such as
pamphlets, flyers, articles, ad slicks or other products necessary to
inform the targeted population of the availability of ADA materials;
--Create articles on the requirements of the ADA for publication in
media appropriate to target audience;
--Coordinate with the Department to ensure that future new or updated
materials will continue to be disseminated to the targeted population
at the local level following the conclusion of the grant period;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience.
Priority 3: ADA education for State and local historic preservation
offices, historic preservation committees and boards, and local zoning
and code officials involved in historic preservation decisions. Staff
and officials of State and local historic preservation offices, members
of historic preservation committees and boards, and local zoning and
code officials involved in historic preservation decisions need
guidance on effective methods of complying with the ADA without
destroying the historic nature of the facility or element. While some
educational materials currently exist, the need for these audiences to
learn about and understand how to implement practical solutions remains
paramount.
The goal of Priority 3 is to undertake a nationwide effort to
educate State and local historic preservation offices, historic
preservation committees and boards, and zoning and code officials
involved in historic preservation decisions on the requirements of the
ADA and how to maintain the integrity of the historic property while
providing accessibility as required under the ADA that promotes
independence and dignity. Projects of this type should focus
specifically on providing practical solutions to access problems faced
by historic properties. Projects to develop and disseminate educational
materials, to develop and conduct training using existing materials, or
to develop materials and conduct training will be considered.
Priority 3 is an ADA education project for historic preservation
officials that shall include the following major components:
--Develop educational materials that focus on solutions to access
problems specific to properties such as historic museums, historic
buildings housing public accommodations and those housing State and
local government programs. The materials shall illustrate how people
with disabilities use the built environment and how the provisions of
the ADA Standards for Accessible Design can be effectively used to
provide mainstream access without destroying the historic significance
of the building or facility;
--Establish size of target audience and state explicitly the number of
people expected to be served in the course of the project's activities;
--Identify and coordinate with established professional organizations,
such as the National Trust for Historic Preservation, the National
Conference of State Historical Preservation Officers, and State
Historical Commissions, etc., through which information and materials
could be disseminated;
--Specify how the project will reach all parts of the targeted
audience, including racial and ethnic minority communities;
--Utilize existing federally approved materials to the maximum extent
possible;
--Develop and implement a strategy to disseminate the materials
nationally, coordinating with other state and national historic
preservation organizations as appropriate;
--If the project includes a training component, identify topics to be
covered and the rationale for selecting those topics and develop and
implement a plan to select trainers;
--If the project includes training, a minimum of five regional sessions
should be held. Criteria to be used to select the training locations
should be carefully thought out and described in the applicant's
proposal;
--Develop and implement a strategy to publicize information about the
ADA and the availability of materials and training sessions nationally
through organizations, print and electronic media;
--Create articles on the requirements of the ADA for publication in
media appropriate to target audience;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience.
Priority 4: ADA education for staff of legal services offices,
legal aid societies, and public interest law centers. For a person with
a disability, access to technical assistance and good legal advice
about the ADA is severely limited by the lack of public interest
lawyers trained in the requirements of the ADA. The right to legal
advice and their right to file private lawsuits is a critical component
of the ADA.
According to the latest census data, over 20% of the 12.9 million
people of working age reporting the presence of a work disability have
family incomes below the Federal poverty threshold. Because of this,
people with disabilities are consistently being referred to public
interest law centers, legal services offices, and legal aid societies
for affordable legal assistance, and yet the vast majority of staff at
those offices have not been even minimally trained on the requirements
of the ADA. For the high percentage of individuals with disabilities
who rely on low-cost or free legal services, it is critical to the
successful implementation of the ADA that these lawyers receive
training on the ADA.
The goal of Priority 4 is to develop and conduct a nationwide
training program for staff and boards of legal services offices, legal
aid societies, and public interest law centers about titles II and III
of the ADA.
Priority 4 is an ADA project to educate legal services, legal aid
societies and public interest law centers that shall include the
following major components:
--Develop and conduct a minimum of five regional ADA training seminars;
--Establish size of target audience and state explicitly the number of
people expected to be served in the course of the project's activities;
--Specify how the project will reach all parts of the targeted
audience, including legal groups serving racial and ethnic minority
communities;
--Develop innovative approaches to reach the widest possible audience
with funds available;
--Identify and select for training staff and board members of public
interest law centers, legal services groups, and legal aid societies
from throughout the United States. The following factors should be
considered in the selection process: geographical representation from
the 50 states; representation from urban, suburban, and rural areas;
representation from legal groups serving citizens with minority
backgrounds;
--Develop a plan for publicizing the availability of the training,
using, to the extent possible, existing dissemination mechanisms for
legal services and public interest law centers including publications,
professional journals, local, state, and national meetings, etc.;
--Develop training materials and activities appropriate to public
interest lawyers, utilizing existing federally approved materials to
the maximum extent possible;
--Provide training to selected staff and board members of public
interest law centers, legal aid societies, and legal services groups on
title II and title III of the ADA and on recent policy developments;
--Create articles on the requirements of the ADA for publication in
media appropriate to target audience;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience.
Priority 5: ADA education and pilot project for professional
mediators. The ADA encourages the use of means other than litigation to
resolve ADA disputes. Professional mediators provide an alternative
forum for complainants and respondents to resolve their
misunderstandings or disagreements about the ADA's requirements.
Effective use of professional mediators trained to mediate ADA cases
can help bring about compliance with the ADA, while saving both parties
from the high costs, delays, and inconveniences often associated with
litigation.
The goal of Priority 5 is to train a select number of professional
mediators nationwide about title III of the ADA, refer title III cases
to these mediators for mediation, monitor the outcome of mediation
efforts, and evaluate and disseminate the evaluation of the project to
mediators and other interested parties nationwide, so that the project
can be effectively replicated in other areas of the country.
Priority 5 is an ADA education and pilot project for professional
mediators that shall include the following major components:
--Work with and through one or more national organizations representing
professional mediators to assist in publicizing the project to
mediators who may participate in the project, as well as to assist in
disseminating the final evaluation of the project to mediators and
other interested parties nationwide;
--Establish size of target audience and state explicitly the number of
people expected to be served in the course of the project's activities;
--Specify how the project will reach all parts of the targeted
audience, including mediators serving racial and ethnic minority
communities;
--Develop criteria to be used to select the mediators to participate in
the project;
--Develop and implement an ADA training program and provide follow-up
technical assistance to the participating mediators;
--Develop and implement a plan for referring cases to the participating
mediators and for monitoring the status of the mediators' ADA project-
related caseloads;
--Provide mediation for a specified number of cases, at no cost to the
disputing parties, within nine months after the completion of training;
--Create articles on the requirements of the ADA for publication in
media appropriate to target audience;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience;
--Develop a plan for disseminating the training materials nationwide.
Priority 6: ``The ADA: Civil Rights Law'' educational videotape.
Lack of recognition that the ADA is a civil rights law, long held myths
and stereotypes, and ignorance about the attitudinal and physical
discrimination that people with disabilities face in their daily
lives--not being able to enter the building to attend a child's school
play; not being allowed to play on a sports team or participate in the
town meeting; not being able to order a hamburger, drop off dry
cleaning, or to rent a car--are thought to be major impediments to
voluntary compliance with the ADA.
The goal of Priority 6 is to produce and disseminate educational
audiovisual materials illustrating discrimination, stereotypes and
attitudinal barriers encountered by people with disabilities. The goal
of this project is to identify the ADA as a civil rights law, distinct
from a ``benefit program'', with the same historical background and
battles associated with other types of civil rights legislation. The
project will draw comparisons between discrimination encountered by
people with disabilities and other protected classes of individuals and
the historical struggle people with disabilities and others faced to
gain the right to equality. Finally, the project will focus on the
impact that complying with the ADA can have on changing stereotypes,
eliminating barriers, and increasing access to goods, services, and
activities.
Educating the public about the abilities of people with
disabilities to function well in an accessible environment and
dispelling oft held myths and stereotypes can lead to increased
voluntary compliance with the ADA. Materials developed in this project
shall portray persons with disabilities in a positive manner and will
be used to increase the general public's awareness of disability,
accessibility and the ADA and its historical place in the development
of civil rights legislation. The project should also strive to increase
the level of communication between covered entities, people with
disabilities, and providers of consultation services.
Priority 6 is an ADA educational audiovisual project that shall
include the following major components:
--Create and disseminate broadcast quality educational videotapes,
identifying the ADA as a civil rights law with protection for people
with disabilities parallel to that provided under other civil rights
legislation;
--Edit to provide videotapes of varying lengths, suitable for use in a
variety of broadcast situations (e.g., short segments to be used to
promote the videotape or on magazine type programs, longer segments for
viewing by audiences attending a meeting, etc.);
--Identify target audience and state explicitly the number of people
expected to be served in the course of the project's activities;
--Specify how the project will reach all parts of the targeted
audience, including racial and ethnic minority communities;
--Identify types of attitudinal and physical discrimination that
prevent people with disabilities from gaining equal opportunity and
possible methods to eliminate discrimination;
--Illustrate the increased independence persons with disabilities
experience when barriers are removed;
--Identify and select professional, civic and business organizations to
disseminate the video through their local, state and regional
affiliations;
--Identify and select public and cable television networks to air and
disseminate copies of the videotape for local, regional, and national
viewing;
--Develop and implement a strategy for disseminating the video to
selected organizations;
--Develop a plan to publicize the project and the product nationally
through print and electronic media;
--Create articles on the requirements of the ADA for publication in
media appropriate to target audience;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience;
--Develop a plan to disseminate the results of the project.
Other Meritorious Projects. The Department also seeks grant
applications involving other meritorious projects that offer innovative
methods of providing ADA Technical Assistance to entities and
individuals with rights and responsibilities under the ADA and
professionals who provide services to these groups and may assist them
in understanding and complying with the ADA. Only those projects with a
clear statement of need and of national scope or significance will be
considered. Other Meritorious Projects shall include the following
major components:
--Statement of need. Applicants should indicate why their project is
needed and how they have determined that the issues or topics they
intend to address are, in fact, the issues or topics that will best
serve the needs of the population for whom the project has been
designed. Some populations, for example, may need to be made aware of
the ADA and be provided with basic information, while others may be
familiar with the basic legal requirements, but need information on how
to translate the legal standards into concrete, practical solutions for
achieving compliance. Others may need in-depth education on specific
aspects of the law;
--Description of the target audience by describing such factors as
geographic scope, type of population (type of business, type of
governmental unit, type of disability, type of professional service
offered), or other relevant characteristics. Applicants should also
state explicitly the number of people expected to be served in the
course of the project's activities;
--Specify how the project will reach all parts of the targeted
audience, including racial and ethnic minority communities;
--Provide a statement of goals and objectives of the project.
Applicants should describe in concrete terms what is to be accomplished
during the project period. The anticipated impact on voluntary
compliance efforts should also be clearly articulated;
--Develop a plan to disseminate the materials or results of the project
nationwide;
--Work with and through established organizations, where possible, to
reach the largest segment of the population possible;
--Utilize existing Federally-approved materials to the maximum extent
possible;
--Develop a plan to evaluate the effectiveness of the project and how
the proposed evaluation criteria will indicate to what degree the
project succeeded in meeting its stated objectives and reaching the
targeted audience.
Selection Criteria
Applicants will be evaluated in each of the following four
selection criteria areas for a total of 100 points:
Project Strategy and Plan of Action (50 Points)
Applicants must demonstrate a thorough understanding of the grant
proposal priority, including the background, intended audience and
intended approach. Applicants applying under the Other Meritorious
Project category must demonstrate an in-depth knowledge of the target
audience and their specific needs. Project goals and expected outcomes
should be clearly articulated. Clarity, quality, and appropriateness of
the plans, methodologies, and procedures to achieve the goals listed in
the application will be carefully considered. Plan of action must be
sound and well-reasoned, with evidence of the ability to implement plan
immediately and complete the project in a timely manner. Applicants
must demonstrate the ability to produce and/or disseminate information
and materials within the period of performance. Project strategy must
include a clear plan for objectively evaluating the effectiveness of
the project, as described in the General Requirements for Grant
Recipients section of this solicitation.
Staff Capability (25 Points)
Applicants must provide evidence of qualified personnel with
particular experience in the areas addressed in the application. The
application must contain necessary position descriptions, resumes, and
assurances of availability of staff (existing and contract staff) with
appropriate competencies and experience. Duties outlined for grant-
funded positions must be clearly appropriate to the scope of the work
being carried out under the project.
Organizational Capability and Management Plan (20 Points)
Applicants must demonstrate the ability to effectively reach and
work with the targeted audience and offer evidence of proven
organizational ability to provide high quality results utilizing
appropriate key personnel. Applications must include a management plan
that provides evidence of project control by management, efficient and
timely use of staff and other resources, and effective quality control
mechanisms.
Resources/Facilities/Equipment (5 Points)
Applicants must demonstrate the availability and appropriateness
of resources (other than personnel), physical facilities, and equipment
proposed to be used to carry out the project.
General Requirements for Grant Recipients
The following general grant program requirements should be
considered by each applicant in developing both its project timeline
and budget. Successful applicants must adhere to all conditions as
specified; any deviation from the requirements in this section must be
negotiated with DOJ.
Grantee Orientation and Coordination. Grantees are expected to
coordinate their project activities, where appropriate, with other
Federally sponsored ADA technical assistance activities, including
those of the Department of Justice (DOJ), the National Institute on
Disability and Rehabilitation Research (NIDRR), the Architectural and
Transportation Barriers Compliance Board (ATBCB), the Equal Employment
Opportunity Commission (EEOC) and their grantees. The purpose of this
coordination is to avoid duplication of effort, to utilize materials
already developed by Federal agencies and grant recipients, and to
otherwise refer to and take advantage of ADA resources that have
already been developed. Additionally, successful applicants will
receive an orientation that will familiarize them with projects being
undertaken by other successful applicants. Thereafter, 1994 grantees
will be expected to exchange information and provide support to each
other where appropriate.
Evaluation. One goal of this grant program is to determine which
education, information dissemination, and compliance assistance
strategies are most effective in reaching as many persons as possible
in the targeted population with information that serves their
particular needs. It is therefore essential that each project describe
reliable and objective criteria to evaluate the effectiveness of the
project at the conclusion of the period of performance and to provide
this information to the Department.
Post-Award Monitoring. The Department intends to provide grant
recipients with the maximum amount of post-award guidance and technical
assistance possible within budget and staff constraints. Within
approximately one month of the grant award, the Department will conduct
a one-day training session on the ADA and grant management procedures.
Each grant recipient will be invited to send two staff persons to this
training session. Funds for travel to Washington, D.C. for this
training should be included in the proposed grant budget. Applicants
are also advised that DOJ staff will make periodic site visits to
provide grant recipients with guidance and technical assistance and to
monitor the progress of the grant. The Office of Justice Programs
(OJP), a component of the Department of Justice, will provide financial
management and other services in support of the Public Access Section
in the administration of this program. Applicants are advised that
copies of the quarterly progress reports sent to OJP must also be sent
to the Public Access Section.
DOJ Review of Grantee Materials. All materials used or developed by
grant recipients must be approved by DOJ in advance of use. Applicants
should anticipate careful review of any newly developed materials by
the Department to ensure that the materials are legally accurate and
should allow ample time in their proposed project schedules for this
review.
Particular attention should be paid to budgetary and staffing needs
to ensure that materials to be disseminated will reach the targeted
population in a timely manner during the grant period.
Availability of Existing DOJ Materials. Publications that are
currently available free of charge from the Department of Justice (DOJ)
will be provided to the grantee as resources permit. If an applicant
intends to disseminate materials of a nature similar to materials
produced by previous DOJ grant recipients or recipients of grants from
other Federal agencies, including the National Institute on Disability
and Rehabilitation Research, it should coordinate such requests with
the Department. In general, funds for the reproduction of such
materials should be included in the proposed grant budget.
Copyrights. Grant recipients are free to copyright any materials
they develop, if they so choose, and may continue to reproduce and
distribute such materials after the grant period is over. Applicants
should be aware that DOJ retains the right to reproduce their materials
and to disseminate them to the public at its will, without payment of
royalties to the grantee.
Program Income. Grantee recipients may charge for grant-related
activities and products (e.g., materials developed and disseminated,
workshop or training registration fees), as long as all income derived
from such activities and products is added to funds committed to the
grant and its activities. Specifically, this program income (gross
income earned by the grantee, during the funding period, as a direct
result of the grant award or its activities) must be used for purposes
that further eligible program objectives (e.g., obtaining equipment or
other assets required for the program). Program income may not be used
to support or further a grantee's general organization, its programs or
its services.
Consultative Services. Applicants who offer consultative services
for a fee to assist covered entities in complying with their ADA
responsibilities or who provide legal representation services for free
or for a fee to, or on behalf of, persons with disabilities should
include a statement briefly describing the services provided.
Alternate Formats (Print and Audiovisual). All materials produced
in standard print must also be produced in large print, in Braille, and
on audiotape in proportion to anticipated demand by persons with vision
impairments in the targeted population(s). Audiotapes of lengthy
materials must be voice- or tone-indexed.
All copies of any videotapes produced must either be open-captioned
or closed-captioned for persons with hearing impairments. If videotapes
contain significant visual action, some of the closed-captioned tapes
must be audio-described for persons with vision impairments.
Effective Communication and Accessibility Requirements. If
applicants propose to charge a fee for the materials they produce and
disseminate, they must charge the same fee for alternate formats as for
standard formats.
Applicants who plan to list a voice telephone number on
correspondence or promotional materials concerning the grant
activities, or on materials produced under the grant, must also list a
TTY telephone number. Applicants who do not have a TTY may include the
cost of purchasing one in the proposed project budget.
Applicants who plan to use an automated telephone information
system to respond to voice calls concerning grant activities must
provide comparable service for TTY users. The cost of establishing an
automated TTY information system may not be included in the proposed
project budget.
All grant activities must be held in accessible facilities and must
be available in formats accessible to individuals with communication
disabilities.
Materials to be Provided to DOJ. One thousand standard print
copies, 100 audiotape copies, 100 large print copies, and 50 Braille
copies of each publication produced under the grant must be provided to
DOJ.
One one-inch NCSC standard fully mixed and open-captioned edited
master videotape, 25 other copies, and, where appropriate, 15
audiodescribed copies of each videotape produced under the grant must
be provided to DOJ for use by the Federal government.
A copy of the final text of each document or videotape script
produced must be provided to DOJ on computer disk in ASCII or
Wordperfect.
Funds for the reproduction of the above materials should be
included in the proposed grant budget.
Application Requirements
Under Section 506(d) of the Americans with Disabilities Act, the
Department is authorized to award grants to individuals and non-profit
organizations to supplement its technical assistance efforts. All
applicants must submit, in the order given, an original and two copies
of the following information.
1. A signed SF 424 and SF 424A (Rev. 4/88) application form.
2. A one-page Abstract that summarizes the goals of the project,
the nature and size of the population(s) to be reached through the
project, and the project strategy; Applicants should state explicitly
the number of people expected to be served in the course of the
project's activities. Depending on the nature of the project, this may
be indicated by the number of copies of print materials to be developed
and disseminated, the number of people expected to be trained, the
number of people expected to view audiovisual materials, or other
appropriate indicators of the scale of the project.
3. A Project Strategy and Plan of Action (maximum length 15 pages)
that:
--Addresses each major component identified in the grant priorities
specific to the project for which applicant is applying;
--Describes all major activities, events, and/or products that are
planned;
--Provides a detailed plan for evaluating the effectiveness of the
project, and how the proposed evaluation criteria will indicate to what
degree the project succeeded in meeting its stated objectives and
reaching the targeted audience; and
--Provides a description of the applicant's plan for coordinating
project activities with other Federal ADA programs and their grantees.
4. A Management Plan that includes a timeline for completion of all
project objectives, activities, events, and products.
5. A Budget Narrative required by the SF 424 (Rev. 4/88), which
includes the basis for all costs presented in the budget.
6. A brief statement identifying the facilities, equipment, and
other resources available for carrying out the project.
7. Job descriptions for positions that are proposed to be funded
under the grant.
8. Resumes or qualifications of the key individuals who will fill
the grant positions, including consultants, if any (maximum length 3
pages each).
9. Letters of commitment from organizations that will be involved
in the project, if any.
10. A certification regarding lobbying, debarment, suspension,
other responsibility matters, and drug-free workplace requirements, OJP
Form 4061/6.
11. A disclosure of lobbying activities, SF LLL.
(Please Note: Non-profit applicants who have not previously received
Federal financial assistance from the Department of Justice may also
be required to submit a disclosure of financial capability statement
or other documentation prior to the grant award)
Dated: May 25, 1994.
Deval L. Patrick,
Assistant Attorney General, Civil Rights Division.
[FR Doc. 94-13514 Filed 6-2-94; 8:45 am]
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