[Federal Register: August 30, 1996 (Volume 61, Number 170)]
[Rules and Regulations]
[Page 46337-46342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 46337]]
_______________________________________________________________________
Part VII
Department of Education
_______________________________________________________________________
34 CFR Part 263
Indian Fellowship and Professional Development Programs; Final Rule
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DEPARTMENT OF EDUCATION
34 CFR Part 263
RIN 1810-AA79
Indian Fellowship and Professional Development Programs
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the regulations governing grants for the
Indian Fellowship Program. This program is authorized under Title IX of
the Elementary and Secondary Education Act (ESEA) of 1965, as amended
by the Improving America's Schools Act of 1994, enacted October 20,
1994. These regulations identify eligible applicants for the program
and the specific application and other program requirements that
applicants must meet in order to be considered for funding. These
regulations also provide certain general provisions and requirements
for the new payback provisions that apply to both the Indian Fellowship
Program and the Professional Development Program.
EFFECTIVE DATE: These regulations take effect September 29, 1996.
FOR FURTHER INFORMATION CONTACT: Cathie Martin, U.S. Department of
Education, 600 Independence Avenue, SW., Room 4300 Portals Building,
Washington, DC 20202-6335. Telephone: (202) 260-1683. 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: On October 20, 1994 the Professional
Development Program and the Indian Fellowship Program were
substantially revised and recodified, respectively, as sections 9122
and 9123 of Subpart 2 of Part A of Title IX of the Elementary and
Secondary Education Act of 1965, as amended by Pub. L. 103-382. These
regulations identify eligible applicants for the Indian Fellowship
Program and address the specific program requirements, including
application requirements and requirements concerning the new payback
provisions that applicants must meet in order to be considered for
funding for both new and continuation awards. The criteria for
selecting participants for the Professional Development Program are not
included in these regulations. The selection criteria in the Education
Department General Administrative Regulations (EDGAR), 34 CFR part 75,
are used for competitions under the Professional Development Program.
In addition, certain of these regulations govern the Professional
Development Program (Sec. 263.3, (definitions), Sec. 263.1 (b) and (c),
and Secs. 263.35 through 263.37 (the new payback provisions that also
apply to this program)).
With regard to the payback provisions, the Indian Fellowship
Program and Professional Development Program now require that an
individual receiving financial assistance either (1) perform work
related to the training for which assistance was received and that
benefits Indian people; or (2) repay all or a prorated portion of the
assistance.
These regulations apply to all FY 1996 awards, both new and
continuation, and subsequent fiscal years' awards.
On July 26, 1996 the Secretary published a notice of proposed
rulemaking (NPRM) for these programs in the Federal Register (61 FR
39246). Except for minor editorial and technical revisions, there are
no differences between the NPRM and these final regulations.
Public Comment
In the NPRM the Secretary invited comments on the proposed
regulations. The Secretary did not receive any comments.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control number assigned to the
collection of information in these final regulations is displayed at
the end of the affected sections of the regulations.
Intergovernmental Review
The Indian Fellowship Program is not subject to the requirements of
Executive Order 12372 and the regulations in 34 CFR part 79.
The Professional Development Program, with the exception of
assistance to federally recognized tribes, is subject to the
requirements of Executive Order 12372 and the regulations in 34 CFR
part 79. The objective of the Executive order is to foster an
intergovernmental partnership and a strengthened federalism by relying
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
In the notice of proposed rulemaking, the Secretary requested
comments on whether the proposed regulations would require transmission
of information that is being gathered by or is available from any other
agency or authority of the United States.
Based on the response to the proposed rules and on its own review,
the Department has determined that the regulations in this document do
not 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 263
Grant programs--education, Indians--education, Reporting and
recordkeeping requirements, Scholarships and fellowships.
Dated: August 27, 1996.
(Catalog of Federal Domestic Assistance Numbers: 84.087 Indian
Education--Fellowships for Indian Students; and 84.299 Indian
Education--Special Programs.)
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
The Secretary amends title 34 of the Code of Federal Regulations by
revising part 263 to read as follows:
PART 263--INDIAN FELLOWSHIP AND PROFESSIONAL DEVELOPMENT PROGRAMS
Subpart A--General
Sec.
263.1 What are the Indian Fellowship and the Professional
Development Programs?
263.2 Who is eligible to apply under the Indian Fellowship Program?
263.3 What definitions apply to the Indian Fellowship and
Professional Development Programs?
263.4 What are the allowable fields of study in the Indian
Fellowship Program?
263.5 What does a fellowship award include?
263.6 What is the time period for a fellowship award?
Subpart B--How Does the Secretary Select Fellows?
263.20 What priority is given to certain applicants?
263.21 What should the fellowship application contain?
263.22 How does the Secretary evaluate applications?
Subpart C--What Conditions Must be Met by Fellows?
263.30 What are the basic requirements of a fellow?
263.31 What information must be submitted after a fellowship is
awarded?
[[Page 46339]]
263.32 What are the requirements for a leave of absence?
263.33 What is required for continued funding under a fellowship?
263.34 When is a fellowship discontinued?
263.35 What are the payback requirements?
263.36 When does payback begin?
263.37 What are the payback reporting requirements?
Subpart D--How Are Fellowship Payments Made?
263.40 How are payments made?
Authority: 20 U.S.C. 7832 and 7833, unless otherwise noted.
Subpart A--General
Sec. 263.1 What are the Indian Fellowship and the Professional
Development Programs?
(a) The Indian Fellowship Program provides fellowships to enable
Indian students to pursue a course of study leading to--
(1) A postbaccalaureate degree in medicine, law, education,
psychology, clinical psychology, or a related field; or
(2) An undergraduate or postbaccalaureate degree in business
administration, engineering, natural resources, or a related field.
(b) The Professional Development Program provides grants to
eligible entities to--
(1) Increase the number of qualified Indian individuals in
professions that serve Indian people;
(2) Provide training to qualified Indian individuals to become
teachers, administrators, teacher aides, social workers, and ancillary
educational personnel; and
(3) Improve the skills of qualified Indian individuals who serve in
the capacities described in paragraph (b)(2) of this section.
(c) The Indian Fellowship and the Professional Development Programs
require individuals who receive training under either program to--
(1) Perform work that is related to the training received under
either program and that benefits Indian people or to repay all or a
prorated part of the assistance received under the program; and
(2) Report to the Secretary on the individual's compliance with the
work requirement.
(Authority: 20 U.S.C. 7832 and 7833)
Sec. 263.2 Who is eligible to apply under the Indian Fellowship
Program?
In order to be eligible for a fellowship, an applicant must be--
(a) An Indian as defined in Sec. 263.3;
(b) A United States citizen;
(c) Currently in attendance or have been accepted for admission as
a full-time undergraduate or graduate student at an accredited
institution of higher education in one of the fields listed in
Sec. 263.4 or a related field;
(d) Recognized by the institution as a degree candidate; and
(e) Eligible under 34 CFR 75.60.
(Authority: 20 U.S.C. 7833; 20 U.S.C. 1221e-3(a)(1) and 3474)
Sec. 263.3 What definitions apply to the Indian Fellowship and
Professional Development Programs?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Department
Secretary
(b) Other definitions. The following definitions also apply to this
part:
Dependent allowance means costs for the care of minor children who
reside with the fellow and for whom the fellow has responsibility.
Expenses means tuition and required fees; required university
health insurance; room, personal living expenses, and board at or near
the institution; dependent allowance; instructional supplies; and
reasonable travel and research costs associated with doctoral
dissertation completion.
Fellow means the recipient of a fellowship under the Indian
Fellowship Program. The term ``fellow'' also includes individual
project participants under the Professional Development Program with
regard to the payback provisions contained in Secs. 263.35 through
263.37.
Fellowship means an award under the Indian Fellowship Program.
Full course load means the number of credit hours that the
institution requires of a full-time student.
Full-time student means a student who--
(1) Is a degree candidate;
(2) Carries a full course load; and
(3) Is not employed for more than 20 hours a week.
Good standing means a cumulative grade point average of at least
2.0 on a 4.0 grade point scale in which failing grades are computed as
part of the average, or another appropriate standard established by the
institution.
Graduate degree means a postbaccalaureate degree awarded by an
institution of higher education beyond the undergraduate level.
Indian means an individual who is--
(1) A member of an Indian tribe or band, as membership is defined
by the Indian tribe or band, including any tribe or band terminated
since 1940, and any tribe or band recognized by the State in which the
tribe or band resides; or
(2) A descendant, in the first or second degree, of an individual
described in paragraph (1) of this definition; or
(3) Considered by the Secretary of the Interior to be an Indian for
any purpose; or
(4) An Eskimo, Aleut, or other Alaska Native; or
(5) A member of an organized Indian group that received a grant
under the Indian Education Act of 1988 as it was in effect on October
19, 1994.
Institution of higher education means an accredited college or
university within the United States that offers a baccalaureate or
postbaccalaureate degree.
Payback means work-related service or cash reimbursement to the
Department of Education for the training received under the Indian
Fellowship or the Professional Development Program.
Stipend means that portion of an award that is used for room and
board and personal living expenses.
Undergraduate degree means a baccalaureate (bachelor's) degree
awarded by an institution of higher education.
(Authority: 20 U.S.C. 7832, 7833, and 7881)
Sec. 263.4 What are the allowable fields of study in the Indian
Fellowship Program?
(a) The following are allowable fields for an undergraduate degree
under this program:
(1) Business administration.
(2) Engineering.
(3) Natural resources.
(b) The following are allowable fields for a graduate degree under
this program:
(1) Medicine.
(2) Clinical psychology.
(3) Law.
(4) Education.
(5) Psychology.
(6) Engineering.
(7) Natural resources.
(8) Business administration.
(c) The Secretary considers under paragraphs (a) and (b) of this
section, on a case-by-case basis, the eligibility of applications for
fellowships in related fields of study.
(Authority: 20 U.S.C. 7833)
Sec. 263.5 What does a fellowship award include?
(a) The Secretary awards a fellowship in an amount up to, but not
more than, the expenses as defined in this part. The assistance
provided by the program either--
(1) Fully finances a student's educational expenses; or
(2) Supplements other sources of financial aid, including other
Federal financial aid other than loans, for meeting educational
expenses.
[[Page 46340]]
(b) The Secretary announces the expected maximum amounts for
subsistence and other fellowship costs in the annual application notice
published in the Federal Register.
(Authority: 20 U.S.C. 7833)
Sec. 263.6 What is the time period for a fellowship award?
(a) The Secretary awards a fellowship for a period of time not
exceeding--
(1) Four academic years for an undergraduate or doctorate degree;
and
(2) Two academic years for a master's degree.
(b) With prior approval from the Secretary, summer school may be
allowed for eligible continuation students after completion of the
first academic year.
(Authority: 20 U.S.C. 7833)
Subpart B--How Does the Secretary Select Fellows?
Sec. 263.20 What priority is given to certain applicants?
The Secretary awards not more than 10 percent of the fellowships,
on a priority basis, to persons receiving training in guidance
counseling with a specialty in the area of alcohol and substance abuse
counseling and education.
(Authority: 20 U.S.C. 7833)
Sec. 263.21 What should the fellowship application contain?
In addition to the requirements specified in Sec. 263.22, an
applicant shall provide--
(a) Evidence that the applicant is an Indian as defined in
Sec. 263.3. Evidence may be in the form of--
(1)(i) A copy of the applicant's documentation of tribal enrollment
or membership; or
(ii) A copy of the parent's or grandparent's documentation of
tribal enrollment or membership, with supporting birth certificates or
similar documents showing the applicant's descendance from the enrolled
member;
(2) A letter of certification on official letterhead with the
appropriate signature from a federally or State recognized tribe or
band; or
(3) A certificate of degree of Indian blood (CDIB) issued by an
authorized representative of the Bureau of Indian Affairs or an
official of a federally recognized tribe;
(b)(1) Evidence that the applicant is currently in attendance or
has been accepted for admission as a full-time student at an accredited
institution of higher education in one of the eligible fields of study
listed in Sec. 263.4; or
(2) For an applicant who has not yet been accepted for admission,
documentation of having been accepted by an accredited institution of
higher education by a date to be specified by the Secretary;
(c)(1) The most current official high school and, if appropriate,
undergraduate transcripts for undergraduate applicants; or
(2) The most current official undergraduate and, if appropriate,
graduate transcripts for graduate applicants;
(d) The certification required under 34 CFR 75.61; and
(e) The certification contained within the application regarding
agreement to fulfill the requirements of the payback provision that is
signed and dated by the applicant.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7833; 20 U.S.C. 1221e-3(a)(1) and 3474)
Sec. 263.22 How does the Secretary evaluate applications?
(a) The Secretary reviews and ranks an application with other
applications for the same field and related fields of study.
(b) The following criteria, with the total number of points
available in parenthesis, are used to evaluate an application for a new
fellowship award:
(1) Official academic record (60 points). The Secretary considers
the quality of the applicant's academic record by reviewing--
(i) The applicant's grade point average and, if applicable, scores
from such standardized tests as the Scholastic Aptitude Test (SAT),
American College Testing Assessment Program (ACT), Graduate Record
Examination (GRE), Law School Admissions Test (LSAT), Medical College
Admission Test (MCAT), and achievement tests; and
(ii) The applicant's official transcripts and any grade reports.
(2) Letters of recommendation (15 points). The Secretary considers
the applicant's potential for success in completing the academic
requirements for his or her field of study by reviewing one letter of
recommendation from each of the following categories:
(i) A school principal, teacher, academic or non-academic
instructor or counselor, a college professor, or academic advisor.
(ii) A member of the community or civic leader who has observed the
applicant in educational, social, or civic activities.
(iii) A tribal representative or an Indian community member.
(3) Commitment essay (25 points). The Secretary considers the
applicant's commitment by reviewing an essay, written by the applicant
that addresses--
(i) The applicant's career goals and why the chosen field of study
will benefit Indian people;
(ii) The applicant's life experiences and personal and family
expectations that will enhance the applicant's anticipated career
accomplishments; and
(iii) The applicant's anticipated commitment to providing service
to Indian people.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7833)
Subpart C--What Conditions Must be Met by Fellows?
Sec. 263.30 What are the basic requirements of a fellow?
A fellow shall--
(a) Start school during the first semester of the award at the
institution named on the grant award document and complete at least one
full academic term;
(b) Submit to the Secretary two copies of his or her official grade
report at the close of each academic term and upon completion of the
training program at that institution;
(c) Submit an annual continuation application, in the form and
timeframes specified by the Secretary, to request funding for each
remaining academic year approved under the initial application;
(d) Request from the Secretary a written leave of absence at least
30 days prior to withdrawal, unless an emergency situation has
occurred, for any interruption in his or her program of academic
studies; and
(e) Sign an agreement with the Department to meet the provisions of
the payback requirement.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7833)
Sec. 263.31 What information must be submitted after a fellowship is
awarded?
To verify further the accuracy of the information provided in the
application, the applicant shall provide all information and documents
as requested by the Secretary, including information on other financial
aid sources for educational purposes. The applicant's failure to
provide the requested information and documents invalidates the
application, and the Secretary will not consider it for funding.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7833)
[[Page 46341]]
Sec. 263.32 What are the requirements for a leave of absence?
(a) The Secretary may approve a leave of absence for a period not
longer than one academic year if a fellow has successfully completed at
least one academic year.
(b) A written request for a leave of absence must be submitted to
the Secretary not less than 30 days prior to withdrawal or completion
of a grading period, unless an emergency situation has occurred and the
Secretary waives the prior notification requirement.
(c) The Secretary permits a leave of absence only if the
institution certifies that the fellow is eligible to resume his or her
course of study at the end of the leave of absence.
(d) The Secretary withdraws any remaining funds of the fellow's
award if a leave of absence occurs prior to the end of an academic
term.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7833)
Sec. 263.33 What is required for continued funding under a fellowship?
(a) The Secretary reviews the status of each fellow at the end of
each year and continues support only if the fellow--
(1) Has complied with requirements under this part;
(2) Has remained a full-time student in good standing in the field
in which the fellowship was awarded; and
(3) Has submitted a noncompeting continuation application
requesting additional support.
(b) A fellowship terminates when the fellow receives the degree
being sought or after the fellow has received the fellowship for the
maximum number of years allowed as defined in Sec. 263.6, whichever
comes first.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7833)
Sec. 263.34 When is a fellowship discontinued?
(a) The Secretary may discontinue the fellowship if the fellow--
(1) Fails to comply with the provisions under this part, including
failure to obtain an approved leave of absence under Sec. 263.32, or
with the terms and conditions of the fellowship award; or
(2) Fails to report any change in his or her academic status.
(b) The Secretary discontinues a fellowship only after providing
reasonable notice and an opportunity for the fellow to rebut, in
writing or in an informal meeting with the responsible official in the
Department of Education, the basis for the decision.
(Authority: 20 U.S.C. 7833)
Sec. 263.35 What are the payback requirements?
(a) Individuals receiving assistance under the Indian Fellowship
Program or the Professional Development Program are required to--
(1) Perform work related to the training received and that benefits
Indian people; or
(2) Repay all or a prorated part of the assistance received.
(b) The period of time required for a work-related payback is
equivalent to the total period of time for which training was actually
received under the Indian Fellowship Program or the Professional
Development Program.
(c) The cash payback required must be equivalent to the total
amount of funds received and expended for training received under
either of these programs and may be prorated based on any approved
work-related service the participant performs.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7832 and 7833)
Sec. 263.36 When does payback begin?
(a) For all fellows who complete their training under the Indian
Fellowship Program or the Professional Development Program, except for
medical degree and doctoral degree candidates, payback must begin
within six months from the date of completion of the training.
(b) For fellows in a doctoral degree program requiring a
dissertation, payback must begin not later than two years after the
program's academic course work has been completed or the institution
determines the student is no longer eligible to participate in the
training program, whichever occurs first.
(1) After academic course work has been completed, fellows in a
doctoral degree program shall submit an annual written report to the
Secretary on the status of the dissertation.
(2) Within 30 days of completion of the dissertation, fellows in a
doctoral degree program shall provide written notification to the
Secretary of completion of the dissertation and of the participant's
plans for completing a work-related or cash payback.
(c) For fellows in a doctoral degree program with clinical or
internship requirements, payback must begin within six months after the
clinical or internship requirements have been met or the institution
determines the student is no longer eligible to participate in the
training program, whichever occurs first.
(1) After academic course work has been completed, fellows in a
doctoral degree program with clinical or internship requirements shall
submit an annual written report to the Secretary on the status of
completion of the clinical or internship requirements.
(2) Within 30 days of completion of the clinical or internship
requirements, fellows shall provide written notification to the
Secretary of completion of those requirements and the participant's
plans for completing a work-related or cash payback.
(d) For fellows in a medical degree program, payback must begin six
months from the date that all residency requirements of the program
have been met or the institution determines the student is no longer
eligible to participate in the training program, whichever occurs
first.
(1) After academic course work has been completed, fellows in a
medical degree program shall submit an annual written report to the
Secretary on the status of completion of the residency requirements of
the program.
(2) Within 30 days of completion of the residency requirements,
fellows in a medical degree program shall provide written notification
to the Secretary of completion of the residency requirements and of the
participant's plans for completing a work-related or cash payback.
(e) For fellows who do not complete their training under the Indian
Fellowship Program or the Professional Development Program, payback
must begin within six months from the date the fellow leaves the Indian
Fellowship Program or the Professional Development Program, unless he
or she continues as a full-time student, without interruption, in a
program leading to a degree in an accredited institution of higher
education.
(1) If the fellow leaves the Indian Fellowship Program or the
Professional Development Program, but plans to continue his or her
education as a full-time student, the Secretary may defer the payback
requirement until the participant has completed his or her educational
program. Written requests for deferment must be submitted to the
Secretary within 30 days of leaving the Indian Fellowship Program or
the Professional Development Program and must provide the following
information:
(i) The name of the accredited institution the student will be
attending.
(ii) A copy of the letter of admission from the institution.
(iii) The degree being sought.
(iv) The projected date of completion.
(2) After approval by the Secretary of the deferment of the payback
provision
[[Page 46342]]
on the basis of continuing as a full-time student, former fellows are
required to submit to the Secretary, after every grading period, a
status report from an academic advisor or other authorized
representative of the institution of higher education showing
verification of enrollment and status.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7832 and 7833)
Sec. 263.37 What are the payback reporting requirements?
(a) Written notice. Participants shall submit to the Secretary,
within 30 days of completion of their training program, a written
notice of intent to complete a work-related or cash payback or to
continue in a degree program as a full-time student.
(b) Work-related payback. If the participant proposes a work-
related payback, the written notice of intent must include information
explaining how the work-related service is related to the training
received and benefits Indian people.
(1) For work-related service, the Secretary reviews each
participant's payback plan to determine if the work-related service is
related to the training received and benefits Indian people. The
Secretary approves the payback plan if a determination is made that the
work-related service to be performed is related to the training
received and benefits Indian people, meets all applicable statutory and
regulatory requirements, and is otherwise appropriate.
(2) The payback plan for work-related service must identify where,
when, the type of service, and for whom the work will be performed.
(3) A participant shall notify the Secretary in writing of any
change in the work-related service being performed within 30 days of
such a change.
(4) For work-related payback, individuals shall submit a status
report every six months beginning from the date the work-related
service is to begin. The reports must include a certification from the
participant's employer that the service or services have been performed
without interruption.
(5) Upon written request, and if appropriate, the Secretary may
extend the period for completing a work-related payback by a total of
18 months.
(6) For participants who initiate, but cannot complete, a work-
related payback, the payback reverts to a cash payback.
(c) Cash payback. If a cash payback is to be made, the Department
will contact the participant to establish an appropriate schedule for
payments.
(Approved by the Office of Management and Budget under control
number 1810-0020)
(Authority: 20 U.S.C. 7832 and 7833)
Subpart D--How Are Fellowship Payments Made?
Sec. 263.40 How are payments made?
(a) Fellowship payments are made directly to the institution of
higher education where a fellow is enrolled, with stipends provided to
the fellow in installments by the institution. No fewer than two
installments per academic year may be made.
(b) If a fellow transfers to another institution, the fellowship
may also be transferred provided the fellow maintains basic eligibility
for the award.
(c) A fellow who officially or unofficially withdraws or is
expelled from an institution before completion of a term shall refund a
prorated portion of the stipends received, as determined by the
Secretary. The Secretary requires the institution to return any
unexpended funds.
(Authority: 20 U.S.C. 7833)
[FR Doc. 96-22216 Filed 8-29-96; 8:45 am]
BILLING CODE 4000-01-P