562.31 What is the period of a fellowship? Subpart E-What Conditions Must be Met by Fellows? 562.40 What is the service requirement for a fellowship? 562.41 What are the requirements for repayment of the fellowship? 562.42 What is the repayment schedule? 562.43 What interest is charged? 562.44 Under what circumstances is repayment deferred? 562.45 What is the length of the deferment of repayment? 562.46 Under what circumstances is repayment waived? 562.47 How shall the recipient account for his or her obligation? AUTHORITY: 20 U.S.C. 3221-3262, unless otherwise noted. SOURCE: 53 FR 21401, June 7, 1988, unless otherwise noted. § 562.1 Fellowship Program. The Fellowship Program provides financial assistance to full-time students who are in pursuit of a degree above the bachelor's level in areas related to programs for limited English proficient persons (as defined in 34 CFR 500.3) such as teacher training, program administration, research and evaluation, and curriculum development. (Authority: 20 U.S.C. 3321, 3323) § 562.2 Who is eligible to apply for assistance under the Fellowship Program? (a) An institution of higher education (IHE) that offers a program of study leading to a degree above the bachelor's level as described in §562.1 may apply for participation in the Fellowship Program. (b) An individual is eligible to apply for a fellowship under this program if the individual (1)(i) Is a citizen, a national, or a permanent resident of the United States; (ii) Is in the United States for other than a temporary purpose and can provide evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident; or (iii) Is a permanent resident of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territories of the Pacific Islands (Republic of Palau); (2) Has been accepted for enrollment as a full-time student in a course of study offered by an IHE approved for participation in the program; and (3) Is eligible for a fellowship under 34 CFR 75.60. (Authority: 20 U.S.C. 3323) [53 FR 21401, June 7, 1988; 53 FR 24937, July 1, 1988, as amended at 57 FR 30343, July 8, 1992] § 562.3 What regulations apply to the Fellowship Program? The following regulations apply to the Fellowship Program: (a) The regulations identified in 34 CFR 500.3. (b) The regulations in this part 562. (c) The regulations in 34 CFR 75.6075.62 (regarding the ineligibility of certain individuals to receive assistance). (Authority: 20 U.S.C. 3323) [53 FR 21401, June 7, 1988, as amended at 57 FR 30343, July 8, 1992] $562.4 What definitions apply to the Fellowship Program? The definitions in 34 CFR 500.4 apply to awards made subsequent to Fiscal Year 1985. (Authority: 20 U.S.C. 3281-3341) $562.5 What does a fellowship award include? (a) Allowable costs. A student may use Fellowship funds under the program -for (1) Tuition and fees-the normal and usual costs associated with the course of study; (2) Books-up to $250; (3) Travel-up to $250 for travel to field-study site; and (4) A stipend, subject to the restrictions in paragraph (b) of this section. (b) Stipends. (1) An individual may receive a Fellowship stipend if he or she is (1) A full-time student in a program of study which was approved by the Secretary in accordance with §562.10; and (ii) Not gainfully employed more than 20 hours a week or the annual equivalent. (2) A stipend for an individual participating in the Fellowship Program may not exceed $450 per month. (Authority: 20 U.S.C. 3325) Subpart B-How Does an Institu- 1562.10 How does the Secretary ap- (2) The Secretary awards up to a maximum of 100 points for all the criteria. (3) The maximum possible score for each criterion is indicated in parentheses following the heading for each criterion. (b) After the IHE's application has been evaluated according to the selection criteria, the Secretary rank orders the application. (c) Following the rank order, the Secretary then designates the maximum number of fellowships by language curriculum 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 needs of various groups of individuals with limited English proficiency within the geographic area. (Approved by the Office of Management and Budget under control number 1885-0001) (Authority: 20 U.S.C. 3323, 3324) $562.11 What criteria does the Secretary use in reviewing applications for participation? (1) The Secretary reviews each application to determine the quality of the IHE's graduate program of study. (2) The Secretary considers (i) The extent to which the program has been adopted as a permanent graduate program of study; (ii) The organizational placement of the program; (iii) The staff and resources which the IHE has committed to the program; and (iv) The IHE's demonstrated competence and experience in programs and activities such as those authorized under the Act. (b) Quality of faculty members. (20 points) (1) The Secretary reviews each application to determine the qualifications of the faculty in the academic area. (2) The Secretary considers the extent to which the background, education, research interests, and relevant experience of the faculty qualify them to plan and implement a successful program of high academic quality. (c) Quality of the instructional program. (20 points) (1) The Secretary considers the quality of the applicant's program of instruction. (2) The Secretary considers (i) In the case of projects designed to prepare educational personnel for programs for limited English proficient persons that use English and a language other than English, the project incorporates the use of both English and a language other than English, to the extent necessary to develop the participants' competencies as bilingual education personnel; (ii) The quality of the standards used to determine satisfactory progress in and completion of the program; and (iii) The interdisciplinary aspects of the program. (d) Field based experience. (15 points) The Secretary reviews each application to determine the extent to which the program provides field based experience through arrangements with local educational agencies (LEAs), State educational agencies (SEAS) and persons or organizations with expertise in programs for limited English proficient persons. (e) Evidence of local or national need. (10 points) The Secretary reviews each application to determine the need for more individuals trained above the bachelor's level in proportion to the needs of various groups of individuals with limited English proficiency in the local area, and throughout the country. (f) Recruitment plan. (10 points) The Secretary considers the IHE'S plans for recruiting and selecting nominees using the criteria listed in § 562.30 (b) and (c). (Approved by the Office of Management and Budget under control number 1885-0001) (Authority: 20 U.S.C. 3323) Subpart C-How Does An Individual Apply for a Fellowship? § 562.20 Where does an individual apply? (a) An individual shall submit an application for a fellowship to a participating IHE. (b) Each participating IHE may es— tablish procedures for receipt of applications from individuals. (Authority 20 U.S.C. 3323) Subpart D-How Does the Secretary Select New Fellows? § 562.30 How does the Secretary select new Fellows? (a) The Secretary selects Fellows taking into consideration the rank orders prepared by the IHE, subject to the maximum number of fellowships per language curriculum designated for that IHE. (b) The Secretary gives preference to individuals intending to study programs for limited English proficient persons in the following specialized areas: (1) Vocational education. (2) Adult education. (3) Gifted and talented education. (4) Special education. (5) Education technology. (6) Literacy. (7) Mathematics and science education. (c) In recommending nominees, an IHE shall consider the following criteria: (1) Academic record. The quality of the academic record of the applicant. (2) Language proficiency. The applicant's proficiency in English and, if applicable, the language(s) to be studied. (3) Experience. The extent of the ap plicant's experience in providing services to, teaching in, or administering programs for limited English proficient persons. (Approved by the Office of Management and Budget under control number 1885-0001) (Authority: 20 U.S.C. 3323) § 562.31 What is the period of a fellowship? (a) Except as provided in paragraph (b) of this section (1) Fellowships may be awarded for a maximum of two one-year periods to a student who maintains satisfactory progress in a post-baccalaureate program of study; and (2) Fellowships may be awarded for a maximum of three one-year periods to a student who maintains satisfactory progress in a doctoral program of study. (b) Subject to the availability of funds and where adequate justification is provided by an IHE, the Secretary may extend a fellowship beyond the maximum period to a recipient who, for circumstances beyond his or her control, is not able to complete the program of study in that period. (c) A recipient of a fellowship who seeks assistance beyond the initial oneyear period must be renominated by the participating IHE. (d) The Secretary may give preference to recipients in their second or third year who maintain satisfactory progress in the program of study prior to approving nominations of new students. Authority: 20 U.S.C. 3323) Subpart E-What Conditions Must Be Met by Fellows? $562.40 What is the service requirement for a fellowship? (a) Upon selection for a fellowship, the recipient shall sign an agreement provided by the Secretary to work for a period equivalent to the period of time that the recipient receives assistance under the fellowship in one or more of the following activities: イ (1) Training personnel to develop and conduct programs for limited English proficient persons or teacher training programs at IHES. (2) Conducting research related to programs for limited English proficient persons. (3) Administering programs for limited English proficient persons. (4) Conducting evaluations of programs for limited English proficient persons. (5) Developing curriculum materials designed for programs for limited English proficient persons. (6) Working in any other activity, approved in advance by the Secretary, in accordance with the procedures in $562.47, which is related to programs and activities such as those authorized under the Act. (b) A recipient shall begin working in one or more of the activities listed in paragraphs (a) (1) through (6) of this section within six months of the date the recipient ceases to be enrolled at an IHE as a full-time student. (Authority: 20 U.S.C. 3323(b)) § 562.41 What are the requirements for repayment of the fellowship? (a) If a recipient does not work in one of the activities described in §562.40(a) (1) through (6), he or she shall repay the full amount of the fellowship. (b) The Secretary prorates the amount a recipient is required to repay based on the length of time the recipient worked in an authorized activity compared with the length of time during which he or she received assistance. (Authority: 20 U.S.C. 3323(b)) § 562.42 What is the repayment schedule? (a) A recipient required to repay all or part of the amount of the fellowship shall (1) Begin repayments within six months of the date he or she ceases to be enrolled as a full-time student at an IHE in the Fellowship Program; or (2) Begin repayments on a date and in a manner established by the Secretary, if he or she ceases to work in an authorized activity, of the prorated amount of his or her obligation. (b) A recipient must repay the required amount, including interest, in a lump sum or installment payments approved by the Secretary. This period may be extended if the Secretary grants a deferment under § 562.44. (Authority: 20 U.S.C. 3323(b)) § 562.43 What interest is charged? (a) The Secretary charges a recipient interest on the unpaid balance owed by the recipient in accordance with 31 U.S.C. 3717. (b) No interest is charged for the period of time (1) That precedes the date on which the recipient is required to commence repayment; or (2) During which repayment has been deferred under § 562.44. (Authority: 20 U.S.C. 3323(b)) § 562.44 Under what circumstances is repayment deferred? The Secretary may defer repayment if the recipient (a) Suffers from a serious physical or mental disability that prevents or substantially impairs the recipient's employability in one of the activities described in § 562.40(a)(1) through (6); (b) Demonstrates to the Secretary's satisfaction that he or she is conscientiously seeking but unable to secure employment in one of the activities described in § 562.40(a)(1) through (6); (c) 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 the existence of extraordinary circumstances that prevents him or her from making a scheduled payment. (Authority: 20 U.S.C. 3323(b)) § 562.45 What is the length of the deferment of repayment? (a) Unless the Secretary determines otherwise, a recipient shall 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. 3323(b)) § 562.46 Under what circumstances is repayment waived? The Secretary may waive repayment if the recipient demonstrates the existence of extraordinary circumstances that justify a waiver. (Authority: 20 U.S.C. 3323(b)) § 562.47 How shall the recipient account for his or her obligation? (a) Within six months of the date a recipient ceases to be enrolled as a fulltime student at an IHE, the recipient shall submit to the Secretary one of the following items: (1) A description of the employment in an activity listed in §562.40(a)(1) through (6) in which he or she is employed. (2) Repayment required under §§ 562.41 and 562.42. (3) A request to repay the obligation in installments. (4) A request for a deferment or waiver as described in §§ 562.44 through 562.46 accompanied by a statement of justification. (b) A 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 he or she was employed in the activity. (c) A recipient shall inform the Secretary of any change in his or her employment status. (d) A recipient shall inform the Secretary of any change in his or her address. (e) A recipient's failure to timely satisfy the requirements in paragraphs (b) and (d) of this section shall result in the recipient being in non-compliance or default status subject to collection action. Interest and costs of collection may be collected in accordance with 31 U.S.C. 3717 and 34 CFR part 30. (Approved by the Office of Management and Budget under control number 1885-0001) (Authority: 20 U.S.C. 3323(b)) |