# 34 C.F.R. § 263.9 (2026): What are the payback requirements? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_9 ## Section - **Citation:** 34 C.F.R. § 263.9 (2026) - **Heading:** What are the payback requirements? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 34 CFR: Education / Chapter II: OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION / Part 263: INDIAN EDUCATION DISCRETIONARY GRANT PROGRAMS / Subpart A: Professional Development Program / § 263.9: § 263.9 What are the payback requirements? ## Text (a) General. All participants who receive pre-service training must— (1) Either perform work-related payback or provide cash reimbursement to the Department for the training received. It is the preference of the Department for participants to complete a work-related payback; (2) Sign an agreement, at the time of selection for training, that sets forth the payback requirements; and (3) Report employment verification in a manner specified by the Department or its designee. (b) Work-related payback. (1) Participants qualify for work-related payback if the work they are performing is in their field of study under the Professional Development program and benefits Indian students. Employment in a LEA that serves a high proportion of Indian students qualifies as work that benefits Indian students. (2) The period of time required for a work-related payback is determined as follows: (i) If a participant was a full-time student in a pre-service training program, the work-related payback period is equivalent to the total period of time for which pre-service training under the Professional Development program was actually received on a month-for-month basis. (ii) If a participant was a part-time student in a pre-service training program, the work-related payback period is proportional to the accumulated academic years for which pre-service training under the Professional Development program was actually received on a month-for-month basis, taking into consideration the typical academic calendar of the institution where the training was received. (iii) If a participant received pre-service training as a full-time student for a portion of the program and as a part-time student for another portion of the program, the period of work-related payback is prorated accordingly. (3) Work-related payback is credited for the actual time the participant works, not for how the participant is paid ( e.g., for work completed over 9 months but paid over 12 months, the payback credit is 9 months). e training as a full-time student for a portion of the program and as a part-time student for another portion of the program, the period of work-related payback is prorated accordingly. (3) Work-related payback is credited for the actual time the participant works, not for how the participant is paid ( e.g., for work completed over 9 months but paid over 12 months, the payback credit is 9 months). (4) For participants that initiate, but cannot complete, a work-related payback, the payback converts to a cash payback that is prorated based upon the amount of work-related payback completed. (5) The work-related payback period for an individual supported under the Professional Development program may extend beyond the end of the performance period of the Professional Development grant. (c) Cash payback. (1) Participants who do not submit employment verification within twelve months of program exit or completion, or have not submitted employment verification for a twelve-month period during a work-related payback, will automatically be referred for a cash payback unless the participant qualifies for a deferral as described in § 263.9. (2) The cash payback required shall be equivalent to the total amount of funds received and expended for training received under this program and may be prorated based on any approved work-related service the participant performs. (3) Participants who are referred to cash payback may incur non-refundable penalty and administrative fees in addition to their total training costs and will incur interest charges starting the day of referral. uivalent to the total amount of funds received and expended for training received under this program and may be prorated based on any approved work-related service the participant performs. (3) Participants who are referred to cash payback may incur non-refundable penalty and administrative fees in addition to their total training costs and will incur interest charges starting the day of referral. (4) Notwithstanding paragraph (c)(1) of this section, participants who exited or completed a grant-funded pre-service training program in Federal fiscal year 2020 (October 1, 2019-September 30, 2020) who did not submit employment verification within 24 months of program exit or completion, and participants with qualifying employment during Federal fiscal year 2020 who did not submit employment verification for a 24-month period, will automatically be referred for a cash payback unless the participant qualifies for a deferral as described in § 263.10. (5) Notwithstanding paragraph (c)(1) of this section, participants who exit or complete a grant-funded training program in Federal fiscal year 2020 (October 1, 2019-September 30, 2020) who do not submit employment verification within 24 months of program exit or completion, and participants with qualifying employment during Federal fiscal year 2020 who do not submit employment verification for a 24-month period, will automatically be referred for a cash payback unless the participant qualifies for a deferral as described in § 263.9. Note to § 263.9: For grants that provide pre-service administrator training, a participant who has received administrator training and subsequently works for a Tribal education agency that provides administrative control or direction of public schools ( e.g., BIE-funded schools or charter schools) satisfies the requirements of paragraph (b)(1) of this section. [80 FR 22412, Apr. 22, 2015, as amended at 85 FR 38079, June 25, 2020. Redesignated and amended at 85 FR 41379, July 10, 2020; 90 FR 5637, Jan. 17, 2025] ## Nearby sections - [34 C.F.R. § 263.1 (2026) § 263.1 What is the Professional Development program?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_1.md) - [34 C.F.R. § 263.2 (2026) § 263.2 Who is eligible to apply under the Professional Development program?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_2.md) - [34 C.F.R. § 263.3 (2026) § 263.3 What definitions apply to the Professional Development program?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_3.md) - [34 C.F.R. § 263.4 (2026) § 263.4 What costs may a Professional Development program include?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_4.md) - [34 C.F.R. § 263.5 (2026) § 263.5 What are the application requirements?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_5.md) - [34 C.F.R. § 263.6 (2026) § 263.6 What priority is given to certain projects and applicants?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_6.md) - [34 C.F.R. § 263.7 (2026) § 263.7 How does the Secretary evaluate applications for the Professional Development program?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_7.md) - [34 C.F.R. § 263.8 (2026) § 263.8 What are the requirements for a leave of absence?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_8.md) - [34 C.F.R. § 263.9 (2026) § 263.9 What are the payback requirements?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_9.md) - [34 C.F.R. § 263.10 (2026) § 263.10 What are the exceptions to payback requirements and requirements for payback deferral?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_10.md) - [34 C.F.R. § 263.11 (2026) § 263.11 What are the participant payback reporting requirements?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_11.md) - [34 C.F.R. § 263.12 (2026) § 263.12 What are the post-award requirements for grantees providing pre-service training?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_12.md) - [34 C.F.R. § 263.13 (2026) § 263.13 What are the program-specific requirements for continuation awards?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_13.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T34_P263_S263_9. 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