[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Proposed Rules]
[Pages 56920-56926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27744]




[[Page 56919]]

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Part V





Department of Education





_______________________________________________________________________



34 CFR Part 535



Bilingual Education: Graduate Fellowship Program; Proposed Rule

  Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / 
Proposed Rules   

[[Page 56920]]


DEPARTMENT OF EDUCATION

34 CFR Part 535

RIN 1885-AA21


Bilingual Education: Graduate Fellowship Program

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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 

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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