[Federal Register: November 9, 1995 (Volume 60, Number 217)]
[Proposed Rules ]
[Page 56919-56926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 56919]]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
34 CFR Part 535
Bilingual Education: Graduate Fellowship Program; Proposed Rule
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DEPARTMENT OF EDUCATION
34 CFR Part 535
RIN 1885-AA21
Bilingual Education: Graduate Fellowship Program
AGENCY: Department of Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes to adopt these regulations and to add a
new Part 535 for the Bilingual Education: Graduate Fellowship Program
which is authorized by section 7145 of the Elementary and Secondary
Education Act of 1965, as amended by the Improving America's Schools
Act of 1994 (the Act). The Bilingual Education: Graduate Fellowship
Program replaces the existing Bilingual Education Fellowship Program,
and expands the program to include post-doctoral fellowships.
DATES: Comments must be received on or before December 11, 1995.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Joyce Brown, U.S. Department of Education, 600
Independence Avenue, SW., Room 5086, Switzer Building, Washington, D.C.
20202-6510. Comments may also be sent through the Internet to
``Graduate__Fellowship@ed.gov''.
Comments that concern information collection requirements must be
sent to the Office of Management and Budget at the address listed in
this preamble under the heading Paperwork Reduction Act of 1995. A copy
of those comments may also be sent to the Department representative
named in the preceding paragraph.
FOR FURTHER INFORMATION CONTACT: Joyce Brown, U.S. Department of
Education, 600 Independence Avenue, SW., Room 5086, Switzer Building,
Washington, D.C. 20202-6510. Telephone: (202) 205-9727. Individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION: These regulations would implement statutory
changes made when the program was reauthorized by the Improving
America's Schools Act of 1994 (Pub. L. 103-382, enacted October 20,
1994). These proposed regulations have been reviewed and revised in
accordance with the Department's ``Principles for Regulating,'' which
were developed to ensure that the Department regulates in the most
flexible, most equitable, and least burdensome way possible. These
principles advance the regulatory reinvention and customer service
objectives of the Administration's National Performance Review II and
are essential to an effective partnership with educational
institutions. The Secretary proposes these regulations because he
believes the regulations are necessary to implement the law and reflect
the greatest flexibility and least burden possible.
The Secretary held six regional meetings from June 15 through June
29, 1994 in Chicago, Los Angeles, Miami, New York, San Antonio, and
Seattle. The purpose of these meetings was to obtain public input on
issues relevant to the development of new regulations for title VII
programs. The discussions at the meetings focused on ways that the
regulations could address educational reform, staff development,
standards and assessments, and relationships among the school, family,
community, and State.
The Bilingual Education: Graduate Fellowship Program addresses the
National Education Goal that relates to professional development for
educators.
The following is a summary of the provisions the Secretary believes
are necessary for implementing the statute. The summary does not
address regulatory provisions that merely restate statutory language.
Section 535.2 Eligibility
The statute does not specifically address the issue of who is
eligible to apply for a fellowship or how the distribution of funds
should be accomplished. Section 535.2 of the regulations would define
an eligible participant as an institution of higher education (IHE).
Individuals would be able to apply for fellowships through IHEs that
have been approved for participation under this program. Under
Secs. 535.10-535.23 IHEs would compete to be able to nominate
individuals for fellowships. Through this structure individuals would
receive fellowships under this program and IHEs would serve as conduits
for the funds. This is the procedure currently followed under the
program.
Section 535.3 Financial Assistance
Section 7148 of the Act authorizes the Secretary to provide
stipends, in amounts he determines to be appropriate, to persons
participating in training programs.
Under these regulations, the Secretary proposes to allow, for
master's and doctoral fellowship recipients, stipends of up to $500 per
month plus costs for tuition and fees, books, and travel related to
clinical experience or to practice teaching. Because of rising costs,
the Secretary proposes to raise the maximum amounts provided from the
amounts provided under the previous Fellowship Program.
For post-doctoral program fellowship recipients the Secretary
proposes to allow stipends of up to $40,000 and up to $5,000 for
publications, research and scholarly materials, research-related travel
and fees. The Secretary believes that these stipend amounts are
adequate to defray the costs a fellowship recipient may incur while
participating in the program.
Subparts B and C--Application Procedures and Evaluation of Applications
The statute does not prescribe how the Secretary will evaluate an
application. The proposed regulations provide that in order to
participate in this program, an IHE must submit to the Secretary an
application that responds to the selection criteria in either
Sec. 535.20 or Sec. 535.21, as appropriate.
The Secretary proposes to evaluate an IHE application by awarding
points based on the appropriate selection criteria and then, as
described in Secs. 535.20(e) and 535.22(e), to determine the maximum
number of fellowships that may be awarded at each IHE.
Section 535.30 Fellowship application, Section 535.40 Selection of
Fellows; Section 535.41 IHE Nominees
The statute does not specify minimum qualifications a Fellow must
have. The proposed regulations require that individuals apply for
fellowships through IHEs that have been approved for participation
under Secs. 535.20 and 535.22. The regulations propose that an IHE may
only nominate individuals for fellowships who (1) are proficient in
English and, if applicable, another language; (2) have experience in
providing services to, teaching in, or administering programs for LEP
individuals; (3) are planning to serve LEP individuals after completion
of their studies; (4) are eligible to receive assistance under 34 CFR
75.60 and 75.61; and (5) are citizens, nationals, or permanent
residents of the United States.
In addition, the regulations propose that an IHE may only nominate
for a master's or doctoral fellowship individuals who (1) have been
accepted for enrollment as full-time students in the IHE; and (2) have
an excellent academic record. The proposed regulations provide that an
IHE may only nominate for post-doctoral study
[[Page 56921]]
fellowships individuals who have doctoral degrees in relevant
disciplines that qualify those individuals to conduct independent
research on educational programs and policies for LEP individuals.
The Secretary proposes to restrict an IHE to nominees who meet
these requirements to ensure that Fellows will be highly qualified.
These requirements address the desire to provide fellowships to those
applicants who already have advanced language training, have a
demonstrated commitment to providing services to LEP individuals, and
will be able to complete quickly their program of study and begin
providing services to LEP individuals.
Section 535.50 Service Requirement
Under section 7145(b) of the Act, a fellowship recipient must agree
to work in an activity for a period of time equivalent to the period of
time during which the fellowship recipient receives assistance. To
ensure that the intent of the program is met by the Fellows and that an
activity is related to the program or authorized under part A of title
VII of the Act, the proposed regulations would require that the
activity be approved by the Secretary.
The proposed regulations provide that the recipient of a master's
or doctoral fellowship must begin working in these activities within
six months of the date on which the fellow is no longer enrolled as a
full-time student. In the case of a post-doctoral fellowship, the
regulations proposed that the recipient must begin working in these
activities within six months of the date on which the project period in
the approved area of study ends. The Secretary believes that within six
months after completion of the training, a fellow should be able to
find appropriate employment in a program for LEP children and youth.
Section 535.51 Repayment; Section 535.52 Repayment schedule; Section
535.53 Interest; Section 535.54 Deferment; Section 535.56 Waiver
Under section 7145(b) of the Act, if a fellowship recipient does
not meet the service requirement, the fellowship recipient must follow
procedures for repayment. The proposed regulations provide the
following rules and procedures regarding repayment by recipients who
are not meeting the service requirement:
(1) The Secretary would prorate the amount of repayment based on
the length of time that the fellowship recipient worked in an
authorized activity.
(2) A master's or doctoral fellowship recipient would be required
to begin repaying the fellowship amount plus interest within six months
of the date when the fellow is no longer a full-time student. Post-
doctoral fellows would be required to begin repaying the fellowship
amount plus interest within six months of the date when the fellow's
project period ends.
(3) The fellowship recipient would be able to pay in full or in
installments as approved by the Secretary.
In certain circumstances, the Secretary proposes to defer
repayment. Under section 7145(b) of the Act, the Secretary may waive
repayment in extraordinary circumstances.
The Secretary believes that these procedures regarding repayment
are necessary to inform individuals of their rights and obligations
regarding repayment. These procedures would help to ensure that funds
are used to carry out the purposes of this program.
Executive Order 12866
1. Assessment of Costs and Benefits
These proposed regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the proposed regulations are
those resulting from statutory requirements and those determined by the
Secretary to be necessary for administering this program effectively
and efficiently. Burdens specifically associated with information
collection requirements, if any, are identified and explained elsewhere
in this preamble under the heading Paperwork Reduction Act of 1995.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these proposed regulations, the Secretary has
determined that the benefits of the proposed regulations justify the
costs.
The Secretary has also determined that this regulatory action does
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
To assist the Department in complying with the specific
requirements of Executive Order 12866, the Secretary invites comments
on whether there may be further opportunities to reduce any potential
costs or increase potential benefits resulting from these proposed
regulations without impeding the effective an efficient administration
of the program.
2. Clarity of the Regulations
Executive Order 12866 requires each agency to write regulations
that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following: (1) Are the requirements in the proposed regulations
clearly stated? (2) Do the regulations contain technical terms or other
wording that interferes with their clarity? (3) Does the format of the
regulations (grouping and order of sections, use of headings,
paragraphing etc.) aid or reduce their clarity? Would the regulations
be easier to understand if they were divided into more (but shorter)
sections? (A ``section'' is preceded by the symbol ``Sec. '' and a
numbered heading; for example, Sec. 535.1 What is the Bilingual
Education: Graduate Fellowship Program?) (4) Is the description of the
regulations in the ``Supplementary Information'' section of this
preamble helpful in understanding the regulations? How could this
description be more helpful in making the regulations easier to
understand? (5) What else could the Department do to make the
regulations easier to understand?
A copy of any comments that concern how the Department could make
these proposed regulations easier to understand should be sent to
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of
Education, 600 Independence Ave., SW., Room 5121, FB10, Washington,
D.C. 20202-2110.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities.
These proposed regulations would affect individuals. Individuals,
however, are not defined as ``small entities'' in the Regulatory
Flexibility Act.
The small entities that would be affected by these proposed
regulations are IHEs receiving Federal funds under this program. The
proposed regulations, however, would not have a significant economic
impact on the entities affected because the regulations would not
impose excessive regulatory burdens or require unnecessary Federal
supervision. The regulations would impose minimal requirements to
create a system for disbursing funds to individual fellows through IHEs
and to ensure the proper accounting for expenditures of program funds.
Paperwork Reduction Act of 1995
Sections 535.21, 535.23, 535.40, 535.50 and 535.57 contain
information
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collection requirements. As required by the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)), the Department of Education has submitted a
copy of these sections to the Office of Management and Budget (OMB) for
its review.
Collection of Information: Bilingual Education--Graduate Fellowship
Program.
These regulations affect IHEs eligible for participation and and
individuals eligible for grants under this program. Sections 535.21,
535.23 and 535.40 require IHEs to provide information in their
applications that the Department needs and uses to select IHEs for
participation and to make awards. Sections 535.50 and 535.57 require
individuals to provide information demonstrating compliance with the
terms of the program. The Department needs and uses the information it
collects from the fellowship recipients to collect funds possibly owed
to the Department. Information from IHEs regarding approval for
participation is to be collected once every three years and all other
information is to be collected and reported once per year. Annual
public reporting burden for the collection of information is as
follows:
1. Sections 535.21, 535.23 and 535.40 are estimated to average 35
hours per response for 25 respondents.
2. Sections 535.50 and 535.57 are estimated to average 36 minutes
per response for 400 respondents.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10235, New Executive
Office Building, Washington, D.C. 20503; Attention: Wendy Taylor, Desk
Officer for U.S. Department of Education.
The Department considers comments by the public on these proposed
collections of information in--
* Evaluating whether the proposed collections of information
are necessary for the proper performance of the functions of the
Department, including whether the information will have practical use;
* Evaluating the accuracy of the Department's estimate of
the burden of the proposed collections of information, including the
validity of the methodology and assumptions used;
* Enhancing the quality, usefulness, and clarity of the
information to be collected; and
* Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology; e.g., permitting
electronic submission of responses.
OMB is required to make a decision concerning the collections of
information contained in these proposed regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment to the Department on the
proposed regulations.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these proposed regulations.
All comments submitted in response to these proposed regulations
will be available for public inspection, during and after the comment
period, in Room 5630, Switzer Building, 330 C Street, SW., Washington,
D.C., between the hours of 8:30 a.m. and 4:00 p.m. Monday through
Friday of each week except Federal holidays.
Assessment of Educational Impact
The Secretary particularly requests comments on whether the
proposed regulations in this document would require transmission of
information that is being gathered by or is available from any other
agency or authority of the United States.
List of Subjects in 34 CFR Part 535
Bilingual education, Education, Educational research, Reporting and
recordkeeping requirements, Scholarships and fellowships, Teachers.
(Catalog of Federal Domestic Assistance Number 84.195C Bilingual
Education: Graduate Fellowship Program.)
Dated: October 31, 1995.
Dang T. Pham,
Acting Director, Office of Bilingual Education and Minority Languages
Affairs.
The Secretary proposes to amend Title 34 of the Code of Federal
Regulations by adding a new Part 535 to read as follows:
PART 535--BILINGUAL EDUCATION: GRADUATE FELLOWSHIP PROGRAM
Subpart A--General
Sec.
535.1 What is the Bilingual Education: Graduate Fellowship Program?
535.2 Who is eligible to participate in this program?
535.3 What financial assistance is available for fellowship
recipients?
535.4 What regulations apply?
535.5 What definitions apply?
Subpart B--How Does an IHE Apply to Participate in the Program?
535.10 How does an IHE apply to participate in the program?
535.11 What assurance must an application contain?
535.12 In what circumstances may an IHE waive the training
practicum requirement?
Subpart C--How Does the Secretary Approve an IHE's Participation?
535.20 How does the Secretary evaluate an application to
participate in this program for master's and doctoral level
fellowships?
535.21 What selection criteria does the Secretary use?
535.22 How does the Secretary evaluate an application to
participate in this program for post-doctoral study fellowships?
535.23 What selection criteria does the Secretary use?
Subpart D--How Does an Individual Apply for a Fellowship?
535.30 How does an individual apply for a fellowship?
Subpart E--How Are Fellows Selected?
535.40 How does the Secretary select Fellows?
535.41 Who may an IHE nominate for fellowships?
535.42 What is the period of a fellowship?
Subpart F--What Conditions Must Be Met by Fellows?
535.50 What is the service requirement for a fellowship?
535.51 What are the requirements for repayment of the fellowship?
535.52 What is the repayment schedule?
535.53 What is the rule regarding interest?
535.54 Under what circumstances is repayment deferred?
535.55 What is the length of the deferment of repayment?
535.56 Under what circumstances is repayment waived?
535.57 How shall the fellowship recipient account for the
obligation?
Authority: 20 U.S.C. 7475, unless otherwise noted.
Subpart A--General
Sec. 535.1 What is the Bilingual Education: Graduate Fellowship
Program?
The Bilingual Education: Graduate Fellowship Program provides
financial assistance, through institutions of
[[Page 56923]]
higher education (IHEs), to individuals who are pursuing master's,
doctoral, or post-doctoral study related to instruction of limited
English proficient (LEP) children and youth in such areas as teacher
training, program administration, research and evaluation, and
curriculum development, and for the support of dissertation research
related to this study.
(Authority: 20 U.S.C. 7475(a)(1))
Sec. 535.2 Who is eligible to participate in this Program?
(a) An IHE is eligible to participate in this program.
(b) An individual who meets the eligibility requirements under
Sec. 535.41 may apply for a fellowship through an IHE participating in
this program.
(Authority: 20 U.S.C. 7475)
Sec. 535.3 What financial assistance is available for fellowship
recipients?
(a) The Secretary may authorize the following financial assistance
to master's and doctoral program fellowship recipients:
(1) Tuition and fees--the usual costs associated with the course of
study.
(2) Books--up to $300.
(3) Travel--up to $250 for travel related to practice teaching or
clinical experience.
(4) A stipend of up to $500 per month, including allowances for
subsistence and other expenses for a participant and his or her
dependents, if the participant is--
(i) A full-time student in a program of study that was in the
approved application; and
(ii) Gainfully employed no more than 20 hours a week or the annual
equivalent of 1040 hours.
(b) The Secretary may authorize the following financial assistance
to post-doctoral fellowship recipients:
(1) A stipend of up to $40,000 per year.
(2) Publications, research and scholarly materials, research-
related travel, and fees--up to $5,000.
(c) In authorizing assistance to fellowship recipients under
paragraphs (a) and (b) of this section, the Secretary considers the
amount of other financial compensation that the fellowship recipients
receive during the training period.
(Authority: 20 U.S.C. 7478)
Sec. 535.4 What regulations apply?
The following regulations apply to this program:
(a) 34 CFR 75.51, 75.60-62.
(b) 34 CFR Part 77.
(c) 34 CFR Part 85.
(d) The regulations in this Part 535.
(Authority: 20 U.S.C. 7475)
Sec. 535.5 What definitions apply?
(a) Definitions in the Act. (1) The following terms used in this
part are defined in section 7501 of the Act:
Bilingual education program
Children and youth
Limited English proficiency
Native Hawaiian or Native American Pacific Islander Native language
educational organization
Office
Other programs for persons of limited-English proficiency
(2) The following terms used in this part are defined in section
7104 of the Act:
Indian tribe
Tribally sanctioned educational authority
(3) The following terms used in this part are defined in section
14101 of the Act:
Institution of higher education
Local educational agency (LEA)
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Project
Recipient
Secretary
State
State educational agency (SEA)
(c) Program definition. The following definition also applies to a
term used in this part:
Act means the Elementary and Secondary Education Act of 1965, as
amended.
(Authority: 20 U.S.C. 7475-7480)
Subpart B--How Does an IHE Apply to Participate in the Program?
Sec. 535.10 How does an IHE apply to participate in the program?
To apply for participation under this part, an IHE must submit an
application to the Secretary that--
(a) Responds to the appropriate selection criteria in Secs. 535.21
and 535.23; and
(b) Requests a specific number of fellowships to be awarded in each
proposed language or other curriculum group for the fellowship period
specified in Sec. 535.42.
(Authority: 20 U.S.C. 7475)
Sec. 535.11 What assurance must an application contain?
An application that proposes to train master's- or doctoral-level
students with funds received under this part must provide an assurance
that the program will include a training practicum in a local school
program serving LEP students.
(Authority: 20 U.S.C. 7476(a)(3)(A))
Sec. 535.12 In what circumstances may an IHE waive the training
practicum requirement?
An IHE participating under this program may waive the requirement
in Sec. 535.11 for a training practicum for a master's or doctoral
degree candidate who has had at least one academic year of experience
in a local school program serving LEP students.
(Authority: 20 U.S.C. 7476(a)(3)(B))
Subpart C--How Does the Secretary Approve an IHE's Participation?
Sec. 535.20 How does the Secretary evaluate an application to
participate in this program for master's and doctoral level
fellowships?
(a) The Secretary evaluates an application to participate in this
program for master's and doctoral-level fellowships on the basis of the
criteria in Sec. 535.21.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) After all the applications have been evaluated under
Sec. 535.21, the Secretary rank-orders the applications.
(e) The Secretary then determines the maximum number of fellowships
by language or other curriculum group that may be awarded at each IHE--
(1) Based on the IHE's capacity to provide graduate training in the
areas proposed for fellowship recipients; and
(2) To the extent feasible, in proportion to the need for
individuals with master's and doctoral degrees in the areas of training
proposed by the IHE.
(Authority: 20 U.S.C. 7475)
Sec. 535.21 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria to evaluate an
application for participation in this program for master's and doctoral
level fellowships:
(a) Institutional commitment. (25 points) The Secretary reviews
each application to determine the quality of the institution's graduate
program of study, including consideration of--
(1) The extent to which the program has been adopted as a permanent
graduate program of study;
(2) The organizational placement of the program of study;
[[Page 56924]]
(3) The staff and resources that the IHE has committed to the
program;
(4) The IHE's demonstrated competence and experience in programs
and activities such as those authorized under the Act;
(5) The IHE's demonstrated experience in assisting fellowship
recipients to find employment in the field of bilingual education; and
(6) If the IHE has carried out a previous project with funds under
title VII of the Act, the applicant's record of accomplishments under
that previous project.
(b) Quality of the graduate academic program. (20 points) The
Secretary reviews each application to determine the quality of the
graduate program of study for which approval is sought, including--
(1) The course offerings and academic requirements for the graduate
program;
(2) The availability of related course offerings through other
schools or departments within the IHE;
(3) The IHE's focus and capacity for research;
(4) The quality of the standards used to determine satisfactory
progress in, and completion of, the program;
(5) The extent to which the program of study prepares Fellows to
improve the academic achievement of LEP children and youth; and
(6) In the case of a program designed to prepare trainers of
educational personnel for programs of bilingual instruction, the extent
to which the program incorporates the use of English and another
language to develop the Fellows' competencies as trainers of bilingual
educational personnel.
(c) Quality of key faculty members. (20 points) The Secretary
reviews each application to determine the qualifications of the key
faculty to be used in the program of study, including the extent to
which their background, education, research interests, and relevant
experience qualify them to plan and implement a successful program of
high academic quality related to instruction of LEP children and youth.
(d) Field-based experience. (15 points) The Secretary reviews each
application to determine the extent to which the program of study
provides field-based experience through arrangements with LEAs, SEAs,
or persons or organizations with expertise in programs for LEP children
and youth.
(e) Evidence of local or national need. (10 points) The Secretary
reviews each application to determine the need for more individuals
trained, at the graduate level, in the area of study proposed by the
applicant.
(f) Recruitment plan. (10 points) The Secretary reviews each
application to determine the quality of the applicant's plan for
recruitment and nomination of students.
(Authority: 20 U.S.C. 7475, 7547)
Sec. 535.22 How does the Secretary evaluate an application to
participate in this program for post-doctoral study fellowships?
(a) The Secretary evaluates an application to participate in this
program for post-doctoral study fellowships on the basis of the
criteria in Sec. 535.23.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) After all the applications have been evaluated according to the
selection criteria, the Secretary rank-orders the applications.
(e) The Secretary designates the maximum number of fellowships that
may be awarded at each IHE based on the factors in Sec. 535.23(a), (c),
and (d).
(Authority: 20 U.S.C. 7475)
Sec. 535.23 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria to evaluate an
application for participation in this program for post-doctoral level
fellowships:
(a) Institutional commitment. (35 points) The Secretary reviews
each application to determine the overall strength of the applicant's
commitment to meeting the educational needs of LEP children and youth,
including consideration of--
(1) The IHE's demonstrated competence and experience in programs
and research activities such as those authorized under subpart 2 of
part A of title VII of the Act;
(2) The extent to which the IHE's research environment is
supportive of the success of post-doctoral Fellows in their research;
(3) The IHE's demonstrated experience in assisting fellowship
recipients to find employment in the field of bilingual education;
(4) The IHE's procedures for the dissemination and utilization of
research findings; and
(5) If the IHE has carried out a previous project with funds under
title VII of the Act, the applicant's record of accomplishments under
that previous project.
(b) Proposed areas of research. (35 points) The Secretary reviews
each application to determine to what extent--
(1) There is a clear description of the areas of research proposed
to be undertaken by the post-doctoral Fellows;
(2) The research to be undertaken by the post-doctoral Fellows is
likely to produce new and useful information;
(3) The areas of proposed research relate to the educational needs
of LEP children and youth and of the educational personnel that serve
that population;
(4) The outcomes of the research and study are likely to benefit
the defined target population by improving the academic achievement of
LEP children and youth;
(5) The data collection and the data analysis plans are sound; and
(6) A project period for completion of the study, consistent with
period of availability of post-doctoral fellowships in Sec. 535.42, is
specified.
(c) Quality of key faculty members. (20 points) The Secretary
reviews each application to determine the qualifications of the key
faculty likely to assist, guide or mentor post-doctoral Fellows,
including the extent to which the faculty's background, education,
research interests, and relevant experiences qualify them to support
high-quality research and study performed by post-doctoral Fellows.
(d) Adequacy of resources. (10 points) The Secretary reviews each
application to determine to what extent--
(1) The facilities planned for use are adequate;
(2) The equipment and supplies planned for use are adequate; and
(3) The commitment of the applicant to provide administrative and
other necessary support is evident.
(Authority: 20 U.S.C. 7475)
Subpart D--How Does an Individual Apply for a Fellowship?
Sec. 535.30 How does an individual apply for a fellowship?
(a) An individual shall submit an application for a fellowship to
an IHE that has been approved for participation under Sec. 535.20 or
Sec. 535.22.
(b) Each participating IHE may establish procedures for receipt of
applications from individuals.
(Authority: 20 U.S.C. 7475)
Subpart E--How Are Fellows Selected?
Sec. 535.40 How does the Secretary select Fellows?
(a)(1) A participating IHE shall submit names of nominees to the
Secretary.
(2) If the IHE has more than one nominee, the IHE shall rank the
[[Page 56925]]
nominees in order of preference to receive a fellowship.
(b) The Secretary selects new Fellows according to the rank order
prepared by the IHE, subject to the maximum number of fellowships
designated for that IHE under Sec. 535.20 and Sec. 535.22.
(Authority: 20 U.S.C. 7475)
Sec. 535.41 Who may an IHE nominate for fellowships?
(a) In nominating individuals to receive master's and doctoral
level fellowships, an IHE shall only nominate individuals who--
(1) Have been accepted for enrollment as full-time students in an
approved course of study offered by the IHE;
(2) Have an excellent academic record;
(3) Are proficient in English and, if applicable, another language;
(4) Have experience in providing services to, teaching in, or
administering programs for LEP children and youth;
(5) Are planning to enter or return to a career in service to LEP
children and youth after completion of their studies;
(6) Are eligible to receive assistance under 34 CFR 75.60 and
75.61; and
(7)(i) Are citizens, nationals, or permanent residents of the
United States;
(ii) Are in the United States for other than temporary purposes and
can provide evidence from the Immigration and Naturalization Service of
their intent to become permanent residents; or
(iii) Are permanent residents of the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of Palau.
(b) In nominating individuals to receive post-doctoral fellowships,
an IHE shall only nominate individuals who--
(1) Have doctoral degrees in relevant disciplines that qualify
those individuals to conduct independent research on educational
programs and policies for LEP children and youth; and
(2) Meet the criteria in paragraphs (a) (3) through (7) of this
section.
(Authority: 20 U.S.C. 7475)
Sec. 535.42 What is the period of a fellowship?
(a) Except as provided in paragraph (b) of this section, the
Secretary may award a fellowship--
(1) For a maximum of two one-year periods to an individual who
maintains satisfactory progress in a master's or post-doctoral program
of study; and
(2) For a maximum of three one-year periods to an individual who
maintains satisfactory progress in a doctoral program of study.
(b) Subject to the availability of funds and if an IHE provides
adequate justification, the Secretary may extend a fellowship beyond
the maximum period to a master's or doctoral Fellow who, for
circumstances beyond the Fellow's control, is unable to complete the
program of study in that period.
(c) A fellowship recipient who seeks assistance beyond the initial
one-year period must be renominated by the participating IHE.
(d) The Secretary may give preference to fellowship recipients in
their second or third year who maintain satisfactory progress in the
program of study prior to approving nominations of new Fellows.
(Authority: 20 U.S.C. 7475)
Subpart F--What Conditions Must Be Met by Fellows?
Sec. 535.50 What is the service requirement for a fellowship?
(a) Upon selection for a fellowship, a Fellow shall sign an
agreement, provided by the Secretary, to work for a period equivalent
to the period of time that the Fellow receives assistance under the
fellowship in an activity--
(1) (i) Related to the program; or
(ii) Authorized under part A of title VII of the Act; and
(2) Approved by the Secretary.
(b) A fellowship recipient shall begin working in an activity
specified in paragraph (a) of this section within six months of the
date from which--
(1) The master's or doctoral recipient ceases to be enrolled at an
IHE as a full-time student; or
(2) The post-doctoral recipient completes the project period in the
approved program of study.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.51 What are the requirements for repayment of the fellowship?
(a) A fellowship recipient who does not work in an activity
described in Sec. 535.50 shall repay the full amount of the fellowship.
(b) The Secretary prorates the amount a fellowship recipient is
required to repay based on the length of time the fellowship recipient
worked in an authorized activity compared with the length of time the
fellowship recipient received assistance.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.52 What is the repayment schedule?
(a) A fellowship recipient required to repay all or part of the
amount of the fellowship shall begin repayments--
(1) Within six months of the date the fellowship recipient meets
the criteria in Sec. 535.50(b) (1) or (2); or
(2) On a date and in a manner established by the Secretary, if the
fellowship recipient ceases to work in an authorized activity.
(b) A fellowship recipient must repay the required amount,
including interest, in a lump sum or installment payments approved by
the Secretary.
(c) The repayment period may be extended if the Secretary grants a
deferment under Sec. 535.54.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.53 What is the rule regarding interest?
(a) In accordance with 31 U.S.C. 3717, the Secretary charges a
fellowship recipient interest on the unpaid balance that the fellowship
recipient owes.
(b) No interest is charged for the period of time--
(1) That precedes the date on which the fellowship recipient is
required to commence repayment; or
(2) During which repayment has been deferred under Sec. 535.54.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.54 Under what circumstances is repayment deferred?
The Secretary may defer repayment if the fellowship recipient--
(a) Suffers from a serious physical or mental disability that
prevents or substantially impairs the fellowship recipient's
employability in an activity described in Sec. 535.50;
(b) Demonstrates to the Secretary's satisfaction that the
fellowship recipient is conscientiously seeking but unable to secure
employment in an activity described in Sec. 535.50;
(c) In the case of a master's or doctoral fellowship recipient, re-
enrolls as a full-time student at an IHE;
(d) Is a member of the Armed Forces of the United States on active
duty;
(e) Is in service as a volunteer under the Peace Corps Act; or
(f) Demonstrates to the Secretary's satisfaction that the existence
of extraordinary circumstances prevents the fellowship recipient from
making a scheduled payment.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.55 What is the length of the deferment of repayment?
(a) Unless the Secretary determines otherwise, a fellowship
recipient shall apply to renew a deferment on a yearly basis.
(b) Deferments for military or Peace Corps service may not exceed
three years.
(Authority: 20 U.S.C. 7475(b))
[[Page 56926]]
Sec. 535.56 Under what circumstances is repayment waived?
The Secretary may waive repayment if the fellowship recipient
demonstrates the existence of extraordinary circumstances that justify
a waiver.
(Authority: 20 U.S.C. 7475(b)(2))
Sec. 535.57 How shall the fellowship recipient account for the
obligation?
(a) Within six months of the date a fellowship recipient meets the
criteria in Sec. 535.50(b) (1) or (2), the fellowship recipient shall
submit to the Secretary one of the following items:
(1) A description of the activity in which the fellowship recipient
is employed.
(2) Repayment required under Secs. 535.51 and 535.52.
(3) A request to repay the obligation in installments.
(4) A request for a deferment or waiver as described in
Secs. 535.54 and 535.56 accompanied by a statement of justification.
(b) A fellowship recipient who submits a description of employment
under paragraph (a)(1) of this section shall notify the Secretary on a
yearly basis of the period of time during the preceding year that the
fellowship recipient was employed in the activity.
(c) A fellowship recipient shall inform the Secretary of any change
in employment status.
(d) A fellowship recipient shall inform the Secretary of any change
of address.
(e)(1) A fellowship recipient's failure to timely satisfy the
requirements in paragraphs (b) through (d) of this section shall result
in the fellowship recipient being in non-compliance or default status
subject to collection action.
(2) Interest and costs of collection may be collected in accordance
with 31 U.S.C. 3717 and 34 CFR Part 30.
(Authority: 20 U.S.C. 7475(b))
[FR Doc. 95-27744 Filed 11-8-95; 8:45 am]
BILLING CODE 4000-01-P