---
kind: "section"
citation: "34 C.F.R. § 381.2"
title: "34"
number: "381.2"
heading: "Who is eligible for an award?"
url: "https://uscodex.org/cfr/34/381.2"
---

# §381.2. Who is eligible for an award?

- (a)
  - (1) A protection and advocacy system that is established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act), [42 U.S.C. 15041](/usc/42/15041.md) et seq., and that meets the requirements of [§ 381.10](/cfr/34/381.10.md) is eligible to apply for a grant award under this part.
  - (2)
    - (i) For any fiscal year in which the appropriation to carry out the activities of this part equals or exceeds $10,500,000, the eligible system serving the American Indian Consortium is eligible to apply for a grant award under this part.
    - (ii) For purposes of this part, an eligible system is defined at [§ 381.5(c)](/cfr/34/381.5.md?p=c).
    - (iii) For purposes of this part, the American Indian Consortium means a consortium established as described in section 102 of the DD Act ([42 U.S.C. 15002](/usc/42/15002.md)).
- (b) In any fiscal year in which the amount appropriated to carry out this part is less than $5,500,000, a protection and advocacy system from any State or from Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, may apply for a grant under the Protection and Advocacy of Individual Rights (PAIR) program to plan for, develop outreach strategies for, and carry out a protection and advocacy program authorized under this part.
- (c) In any fiscal year in which the amount appropriated to carry out this part is equal to or greater than $5,500,000, an eligible system from any State and from any of the jurisdictions named in [paragraph (b)](#b) of this section may apply to receive the amount allotted pursuant to [section 509(c)-(e)](/cfr/34/509.md?p=c..e) of the Act.

## Notes

### Authority

Authority: Section 509 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 794e, unless otherwise noted.

### Source

Source: 81 FR 55611, Aug. 19, 2016, unless otherwise noted.