Bilingual Education: Graduate Fellowship Program

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__F[email protected]''.

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

[[Page 56922]]

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