The Americans With Disabilities Act Technical Assistance Grants To Promote Voluntary Compliance With the Act

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]

BILLING CODE 4410-01-P