34 CFR Part 304, Special Education--Personnel Preparation
to Improve Services and Results for Children with Disabilities
Subpart A--General
Individuals who receive scholarship assistance from projects funded under the Special Education--Personnel Preparation to Improve Services and Results for Children with Disabilities program are required to complete a service obligation, or repay all or part of the costs of such assistance, in accordance with section 673(h) of the Individuals with Disabilities Education Act and the regulations of this part.
(Authority: 20 U.S.C. 1473(h))
Sec. 304.2 What is the Special Education--Personnel Preparation to Improve Services and Results for Children with Disabilities Program?
The Special Education--Personnel Preparation to Improve Services and Results for Children with Disabilities Program (program) provides financial assistance under section 673 of the Act to--
(a) Help address State-identified needs for qualified personnel in special education, related services, early intervention, and regular education, to work with children with disabilities; and
(b) Ensure that those personnel have the skills and knowledge, derived from practices that have been determined, through research and experience, to be successful, that are needed to serve those children.
(Authority: 20 U.S.C. 1473(a))
Sec. 304.3 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:
Applicant
Award
Department
EDGAR
Grantee
Project
Recipient
Secretary
(b) The following definitions apply to this program:
Academic year means--
(1) A full-time course of study--
(i) Taken for a period totaling at least nine months; or
(ii) Taken for the equivalent of at least two semesters, two trimesters, or three quarters; or
(2) For a part-time student, the accumulation of periods of part- time courses of study that is equivalent to an ``academic year'' under paragraph (b)(1) of this section.
Act means the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
Early intervention services means early intervention services as defined in section 632(4) of the Act.
Full-time, for purposes of determining whether an individual is employed full-time in accordance with Sec. 304.23, means a full-time position as defined by the individual's employer or by the agencies served by the individual.
Payback means monetary repayment of scholarship assistance in lieu of completion of a service obligation.
Related services means related services as defined in section 602(22) of the Act.
Scholar means an individual who is pursuing a degree, license, endorsement, or certification related to special education, related services, or early intervention services and who receives scholarship assistance under this part.
Scholarship means financial assistance to a scholar for training under the program and includes all disbursements or credits for tuition, fees, student stipends, and books, and travel in conjunction with training assignments.
Service obligation means a scholar's employment obligation, as described in section 673(h) of the Act and Sec. 304.23(b). Special education means special education as defined in section 602(25) of the Act.
(Authority: 20 U.S.C. 1473(h))
Sec. 304.4 What regulations apply to this program?
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations:
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations).
(2) Part 75 (Direct Grant Programs).
(3) Part 77 (Definitions That Apply to Department Regulations).
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments).
(6) Part 81 (General Education Provisions Act--Enforcement).
(7) Part 82 (New Restrictions on Lobbying).
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).
(9) Part 86 (Drug-Free Schools and Campuses). (10) Part 97 (Protection of Human Subjects).
(11) Part 98 (Student Rights in Research, Experimental Programs and Testing).
(b) The regulations in this part 304.
(Authority: 20 U.S.C. 1473; 20 U.S.C. 3474(a))
Subpart B--What Conditions Must Be Met By the Grantee?
Sec. 304.20 What are the requirements for directing grant funds?
(a) The Secretary, as appropriate, identifies in a notice published in the Federal Register, the percentage (up to 75 percent) of a total award under the program that must be used to support scholarships as defined in Sec. 304.3.
(b) The Secretary may award a grant that uses a percentage for scholarships, as determined by the Secretary, that is lower than that published under paragraph (a) of this section in exceptional circumstances if the Secretary determines that such an exception is necessary to achieve the purposes of the program.
(Authority: 20 U.S.C. 1473(h))
Sec. 304.21 What are allowable costs?
In addition to the allowable costs established in the Education Department General Administrative Regulations in 34 CFR 75.530 through 75.562, the following items are allowable expenditures by projects funded under the program:
(b) Student stipends and books.
(c) Travel in conjunction with training assignments.
(Authority: 20 U.S.C. 1473(h))
Sec. 304.22 What are the requirements for grantees in disbursing scholarships?
Before disbursement of scholarship assistance to an individual, a grantee must--
(1) Is a citizen or national of the United States;
(2) Is a permanent resident of--
(i) Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; or
(ii) The Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau (during the period in which these entities are eligible to receive an award under the program); or
(3) Provides evidence from the U.S. Immigration and Naturalization Service that the individual is--
(b) Limit scholarship assistance to the amount by which the individual's cost of attendance at the institution exceeds the amount of grant assistance the scholar is to receive for the same academic year under Title IV of the Higher Education Act; and
(c) Obtain a Certification of Eligibility for Federal Assistance from each scholar, as prescribed in 34 CFR 75.60, 75.61, and 75.62.
(Approved by the Office of Management and Budget under control number 1820-0622)
(Authority: 20 U.S.C. 1473)
Sec. 304.23 What assurances must be provided by a grantee that intends to provide scholarships?
Before receiving an award, a grantee that intends to grant scholarships under the program must assure that the following requirements will be satisfied:
(a) Requirement for agreement. Each scholar who will receive a scholarship must first enter into a written agreement with the grantee that contains the terms and conditions required by this section.
(b) Terms of the agreement. Each agreement under paragraph (a) of this section must contain, at a minimum, the following provisions:
(1) Individuals who receive scholarship assistance from projects funded under section 673(b) and (e), and to the extent determined appropriate by the Secretary, section 673(d), of the Act will subsequently maintain employment--
(i) In which the individual provides special education or related services to children with disabilities or early intervention services to infants and toddlers, and their families;
(ii) On a full-time or full-time equivalent basis; and
(iii) For a period of at least two years for every academic year for which assistance was received.
(2) In order to meet the requirements of paragraph (b)(1) of this section, an individual must be employed in a position in which--
(i) A majority of the persons to whom the individual provides services are receiving from the individual special education, related services, or early intervention services; or
(ii) The individual spends a majority of his or her time providing special education or related services to children with disabilities or early intervention services to infants and toddlers with disabilities.
(3) Individuals who receive scholarship assistance from a leadership preparation project funded under section 673(c) of the Act will subsequently maintain employment--
(i) In which the individual expends a majority of his or her time performing work related to the individual's preparation;
(ii) On a full-time or full-time equivalent basis; and
(iii) For a period of at least two years for every academic year for which assistance was received.
(4) A scholarship recipient must complete the service obligation under paragraph (b)(1)(iii) or (b)(3)(iii) of this section within the period ending not more than the sum of the number of years required in paragraph (b)(1)(iii) or (b)(3)(iii) of this section, as appropriate, plus three additional years, from the date the recipient completes the training for which the scholarship assistance was awarded.
(5) Employment that meets the requirements of paragraph (b) of this section, and is performed by a scholar subsequent to the completion of one academic year of the training for which the scholarship assistance was received, can be used to meet, in part, the period of the scholar's service obligation under paragraph (b)(1)(iii) or (b)(3)(iii) of this section.
(6) The service obligation in paragraph (b) of this section, as applied to a part-time scholar, is based on the accumulated academic years of training for which the scholarship is received.
(1) Subject to the provisions in Sec. 304.31 regarding a deferral or exception, a scholar who does not fulfill the requirements in paragraph (b)(1) or (b)(3) of this section, as appropriate, must repay all or part of any scholarship received, plus interest.
(2) The amount of the scholarship that has not been retired through eligible service will constitute a debt owed to the United States that--
(d) Standards for satisfactory progress. The grantee must establish, notify students of, and apply reasonable standards for measuring whether a scholar is maintaining satisfactory progress in the scholar's course of study;
(e) Compliance. The grantee must establish policies and procedures to determine compliance of scholars with the terms of the written agreement developed under this section;
(f) Exit certification. The grantee must establish policies and procedures for receiving written certification from scholars at the time of exit from the program that identifies--
(1) The number of years the scholar needs to work to satisfy the work requirements in paragraph (b) of this section.
(2) The total amount of scholarship assistance received subject to the work-or-repay provision in paragraph (b) of this section.
(3) The time period, consistent with paragraph (b)(1)(iii) or (b)(3)(iii) of this section, during which the scholar must satisfy the work requirements in paragraph (b) of this section.
(4) All other obligations of the scholar under this section.
(g) Information. The grantee must provide, upon request of the Secretary, information, including records maintained under paragraphs (e) and (f) of this section, that is necessary to carry out the Secretary's functions under this part.
(h) Records. The grantee must maintain the information under this section related to a scholar for a period of time equal to the time required to fulfill the obligation under paragraph (b) of this section.
(i) Notification. The grantee must inform the Secretary if a scholar fails to fulfill or chooses not to fulfill the obligation under paragraph (b)(1) or (b)(3) of this section.
(Approved by the Office of Management and Budget under control number 1820-0622) (Authority: 20 U.S.C. 1473(h))
Subpart C--What Conditions Must Be Met By the Scholar?
Sec. 304.30 What are the requirements for scholars?
A scholar must--
(a) Be enrolled in a course of study leading to a degree, certificate, endorsement, or license related to special education, related services, or early intervention services in order to be eligible to receive a scholarship under the program;
(b) Enter into a written agreement with the grantee that meets the terms and conditions of Sec. 304.23 of this part before starting training;
(c) Receive the training at the educational institution or agency designated in the scholarship;
(d) Not accept payment of educational allowances from any other entity if that allowance conflicts with the scholar's obligation under this part;
(e) Maintain satisfactory progress toward the degree, certificate, endorsement, or license as determined by the grantee;
(f) Provide the grantee all requested information necessary to determine the scholar's progress in meeting the service obligation under Sec. 304.23(b); and
(g) Notify the grantee of changes in address, employment setting, or employment status during the period of the scholar's service obligation under Sec. 304.23(b).
(Approved by the Office of Management and Budget under control number 1820-0622)
(Authority: 20 U.S.C. 1473(h))
Sec. 304.31 What are the requirements for obtaining a deferral or exception to performance or repayment under an agreement?
(a) An exception to the repayment requirement in Sec. 304.23(c) may be granted, in whole or part, if the scholar--
(1) Is unable to continue the course of study or perform the service obligation because of a disability that is expected to continue indefinitely; or
(b) Deferral of the repayment requirement in Sec. 304.23(c) may be granted during the time the scholar--
(1) Is engaging in a full-time course of study at an institution of higher education;
(2) Is serving, not in excess of three years, on active duty as a member of the armed services of the United States;
(3) Is serving as a volunteer under the Peace Corps Act;
(4) Is serving as a full-time volunteer under Title I of the Domestic Volunteer Service Act of 1973;
(5) Has a disability which prevents the individual from working, for a period not to exceed three years; or
(6) Is unable to secure employment as required by the agreement by reason of the care provided to a disabled family member for a period not to exceed 12 months.
(c) Deferrals or exceptions to performance or repayment may be provided by grantees based upon sufficient evidence to substantiate the grounds for an exception under paragraph (a) of this section or a deferral under paragraph (b) of this section.
(Approved by the Office of Management and Budget under control number 1820-0622)
(Authority: 20 U.S.C. 1473(h))
Sec. 304.32 What are the consequences of a scholar's failure to meet the terms and conditions of a scholarship agreement?
If a scholar fails to meet the terms and conditions of a scholarship agreement under Sec. 304.23(b) or to obtain a deferral or an exception as provided in Sec. 304.31, the scholar must repay all or part of the scholarship assistance to the Secretary as follows:
(a) Amount. The amount of the scholarship to be repaid is proportional to the service obligation not completed.
(b) Interest Rate. The Secretary charges the scholar interest on the unpaid balance owed in accordance with 31 U.S.C. 3717.
(1) Interest on the unpaid balance accrues from the date the scholar is determined to have entered repayment status under paragraph (e) of this section.
(2) Any accrued interest is capitalized at the time the scholar's repayment schedule is established.
(3) No interest is charged for the period of time during which repayment has been deferred under Sec. 304.31.
(d) Collection costs. Under the authority of 31 U.S.C. 3717, the Secretary may impose reasonable collection costs.
(e) Repayment status. A scholar enters repayment status on the first day of the first calendar month after the earliest of the following dates, as applicable:
(1) The date the scholar informs the grantee that he or she does not plan to fulfill the service obligation under the agreement.
(2) Any date when the scholar's failure to begin or maintain employment makes it impossible for that individual to complete the service obligation within the number of years required in Sec. 304.23(b).
(3) Any date on which the scholar discontinues enrollment in the course of study under Sec. 304.30(a).
(f) Amounts and frequency of payment. The scholar must make payments to the Secretary that cover principal, interest, and collection costs according to a schedule established by the Secretary.
(Approved by the Office of Management and Budget under control number 1820-0622)
(Authority: 20 U.S.C. 1473(h))