[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15960]
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[Federal Register: July 1, 1994]
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Part VI
Department of Education
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34 CFR Part 641
Faculty Development Fellowship Program; Invitation To Apply for New
Awards for Fiscal Year 1994; Final Rule and Notice
DEPARTMENT OF EDUCATION
34 CFR Part 641
RIN 1840-AC04
Faculty Development Fellowship Program
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary publishes final regulations for the Faculty
Development Fellowship (FDF) Program. The FDF Program provides grants
to institutions of higher education, consortia of institutions, and
consortia of institutions and nonprofit organizations to fund
fellowships for individuals from underrepresented minority groups to
enter or continue in the higher education professorate. These
regulations are needed to implement the FDF Program which was enacted
in the Higher Education Amendments of 1992, as amended by the Higher
Education Technical Amendments of 1993. The regulations incorporate
statutory requirements and provide rules for applying for and spending
Federal funds under this program.
EFFECTIVE DATE: These regulations take effect either 45 days after
publication in the Federal Register or later if the Congress takes
certain adjournments. If you want to know the effective date of these
regulations, call or write the Department of Education contact person.
A document announcing the effective date will be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Karen W. Johnson. Telephone: (202)
260-3209. 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.
SUPPLEMENTARY INFORMATION: These regulations implement the Faculty
Development Fellowship Program, which is authorized by Title IX, Part E
of the Higher Education Act of 1965 (HEA), as amended by the Higher
Education Amendments of 1992, Pub. L. 102-325 (1992 Amendments), and
the Higher Education Technical Amendments of 1993 (Technical Amendments
of 1993), Pub. L. 103-208.
The Faculty Development Fellowship Program supports the National
Education Goals. Specifically, this program furthers the goal, which
provides that by the year 2000, that every adult American will be
literate and will possess the knowledge and skills necessary to compete
in a global economy and exercise the rights and responsibilities of
citizenship. This program furthers this Goal by providing grant funds
to allow prospective faculty members to obtain doctoral degrees that
will allow them to enter the higher education professorate, and
experienced faculty members to engage in doctoral study or participate
in professional development programs that will enhance their skills and
careers.
On April 22, 1994, the Secretary published a notice of proposed
rulemaking (NPRM) for this program in the Federal Register (59 FR
19280).
Analysis of Comments and Changes
In response to the Secretary's invitation in the NPRM, six parties
submitted comments on the proposed regulations. An analysis of the
comments follows.
Major issues are grouped according to subject. Technical and other
minor changes are not addressed.
Financial Need
Comments: One commenter suggests deleting the requirement in
Sec. 641.30(a) and Sec. 641.4 of the regulations that an individual
must have financial need to be eligible for a prospective faculty
development fellowship.
The same commenter questions the use of the Title IV, Part F, needs
analysis for this program. The commenter believes this needs analysis
does not take into consideration the special financial responsibilities
of graduate students who have homes, families, and other commitments.
Discussion: Section 951(a)(2) of the HEA requires that an
individual must have financial need to be eligible for a prospective
faculty development fellowship. The Secretary is not legally authorized
to change this requirement.
The Secretary has applied the Title IV, Part F, needs analysis to
all of the Title IX fellowship programs. The Secretary believes that
this analysis takes into consideration the special financial
responsibilities of graduate students. A graduate student is defined as
an independent student under section 480(d)(4) of the HEA. Sections 476
and 477 of the Title IV, Part F, needs analysis have separate
provisions for independent students which take into account factors
such as the student's marital status and number of dependents.
Changes: None.
Cooperation Among Members of Consortium
Comments: One commenter suggests requiring that members of a
consortium discuss and develop common strategies to respond to the
changing needs of their institutions.
Discussion: The Secretary agrees with the commenter, but does not
believe any change to the regulations is necessary to ensure that
members of a consortium cooperate in carrying out the grant. If the
applicant is a consortium, Secs. 641.10(b)(5)(ii) and 641.11(b)(5)(ii)
of the regulations require that an application for a fellowship include
the terms of cooperation among the members of a consortium.
Changes: None.
Selection of One or More of the Categories of Fellowships for Absolute
Funding Priority
Comments: One commenter suggests that Sec. 641.25 be deleted from
the regulations. This provision authorizes the Secretary to give an
absolute priority to one or two of the categories of fellowships under
this program in any given year. The commenter believes institutions
should have the flexibility to apply for all three types of
fellowships.
Discussion: The Secretary believes that there may be limited funds
available under this program. As a result, the Secretary may wish to
direct program funds to one or two of the three categories of
fellowships in order to achieve the greatest results with limited
resources.
Changes: None.
Repayment Obligation
Comments: Several commenters suggest eliminating the requirement in
Sec. 641.70(b) and (c) that a prospective or experienced faculty
development fellow must repay the amount of his or her fellowship in
the event that he or she does not obtain a teaching position within
five years of completion of the degree for which fellowship assistance
was awarded. One of these commenters believes it is becoming
increasingly difficult to obtain teaching positions in light of the
narrowing job market. This commenter believes that this is especially
true in the case of experienced faculty development fellows who must
find, under section 954(1) of the HEA and Sec. 641.70(c) of the
regulations, a position in a public or private nonprofit institution
that has a significant minority enrollment.
Several commenters also suggest eliminating the repayment
requirement for prospective and experienced faculty development fellows
under Sec. 641.70(a) when a fellow fails to complete his or her degree
within the period in which the fellowship is awarded. These commenters
believe it is unreasonable to expect a fellow to complete his or her
degree in five years (the normal period of the fellowship) because the
national average for completion of graduate degree programs is longer
than five years.
Several commenters oppose the definition of ``significant
enrollment'' of minority students in Sec. 641.7(b) to mean an
undergraduate enrollment of at least 25 percent. These commenters
believe that this definition severely reduces an experienced faculty
development fellow's choice of possible schools in which to fulfill his
or her teaching obligation under Sec. 641.70(c). One commenter suggests
that this definition be expanded to mean an undergraduate minority
enrollment of at least 25 percent or 3,000 students. Another commenter
also favors adding a numerical count and offered as an example 1,000.
These commenters believe that a numerical count addresses the needs of
large schools with large minority populations where the minority
population does not equal 25 percent.
Finally, one commenter states that professional development fellows
should be required to fulfill a return of service requirement on a one-
for-one basis at an institution with a significant enrollment of
minority students for each term of fellowship funding.
Discussion: Section 954 of the HEA imposes the repayment
requirement where a fellow fails to fulfill his or her teaching
obligation within a 5-year period of completing his or her degree. The
Secretary is not legally authorized to change this requirement. Section
956(a)(5) of the HEA and Sec. 641.73(a)(6) of the regulations, however,
provide that a fellow's repayment obligation is deferred during any
period in which the fellow is seeking and unable to find full-time
employment for a single period not to exceed 12 months.
In regard to the time-to-degree requirement in Sec. 641.70(a), the
Secretary believes that the purpose of prospective and experienced
faculty development fellowships is to allow a fellow to acquire a
doctoral degree. Therefore, the Secretary believes that a fellow should
be required to agree to complete the doctoral degree requirement as
part of his or her reciprocal obligation for receiving the fellowship.
The Secretary notes, however, that Sec. 641.74(d) of the regulations
provides an exception to this requirement where the fellow is enrolled
in a doctoral study program full time and is making satisfactory
progress toward receiving a doctoral degree.
The definition of ``significant enrollment'' of minority students
is consistent with the definition of ``Hispanic-serving institution''
under the Hispanic-Serving Institutions (HSI) program. Section
316(b)(1) of the HEA defines an HSI to include, among other things, an
institution that has an enrollment of undergraduate full-time
equivalent students that is at least 25 percent Hispanic students. In
addition, the Secretary believes a ratio or percentage is appropriate
because, unlike a numerical count, it accounts for the proportion of
minority students relative to total enrollment.
Finally, the Secretary does not believe that there is any authority
for imposing a teaching obligation on professional development fellows.
Section 954 of the HEA imposes a repayment obligation for prospective
and experienced faculty development fellowships, but is silent on any
similar repayment obligation in the case of professional development
fellowships. The Secretary believes that this silence is an expression
of congressional intent not to impose a repayment obligation for these
fellowships. Further, given the short-term nature of the fellowships,
e.g., a seminar could be as short as a week, it is impracticable to
impose a teaching obligation.
Changes: None.
Obligation of Fellow to Return to Hiring Institution After Completion
of Fellowship
Comments: One commenter suggests that the Secretary require an
experienced faculty development fellow to return to his or her hiring
(or home) institution after completion of their fellowship.
Discussion: The Secretary does not believe that there is authority
to impose the type of requirement suggested by the commenter. The
Secretary believes that each fellow should have the opportunity to
determine at which institution he or she wishes to teach upon
completion of the degree. Furthermore, if the fellow's home institution
does not have a significant minority enrollment, an experienced faculty
development fellow must teach at another institution that has a
significant minority enrollment in order to comply with the
requirements of section 954(1) of the HEA.
Changes: None.
Purpose of Faculty Professional Development Fellowships
Comments: One commenter suggests that faculty professional
development fellowships be used to support study leaves, i.e., leaves
of absence akin to sabbaticals, but attuned to continuing study
opportunities for active faculty designed to enhance instructional
methodologies and update research endeavors. If this is done, this
commenter requests that funding for these study leaves equal that
afforded experienced faculty development fellows even though they are
for a shorter length of time.
Discussion: Professional development fellowships may not be used
for study leaves or independent programs, but rather must be used for
structured short-term professional development programs in which the
fellow enrolls in a program of instruction, including seminars,
conferences, and workshops. Section 641.5(b) of the regulations
provides that funds for fellowships for professional development
programs may only be used for costs of instruction and other specified
expenses.
Changes: None.
Improving Instructional Methodologies
Comments: One commenter suggests requiring experienced faculty
development fellows to offer instruction on effective instructional
methodologies to the faculty at the degree-granting institution during
the time in which they receive fellowship support.
Discussion: The Secretary does not believe that there is authority
in the statute for imposing the type of requirement suggested by the
commenter. The Secretary believes that this type of requirement goes
beyond the repayment obligations of experienced faculty development
fellows in section 954(1) of the HEA.
Changes: None.
Administrative Allowance
Comments: One commenter suggests that grantees be allowed to
maintain 5 to 10 percent of each grant as an administrative allowance.
This allowance would be used to track the fellows to ensure that they
are making significant progress toward acquiring their degrees and that
they fulfill their teaching obligations. In the event that a fellow is
unable to fulfill either of these responsibilities, the allowance would
also be used to ensure repayment of the amount of the fellowship
received by the fellow.
Discussion: The Secretary does not believe that there is authority
in the statute to permit a grantee to maintain the type of
administrative allowance suggested by the commenter. All of the grant
funds are to be used to support the fellowships funded under this part,
and may not be used for any other purpose.
Changes: None.
Executive Order 12866
These final 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 final 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 1980.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these regulations, the Secretary has determined
that the benefits of the regulations justify the costs.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
In the notice of proposed rulemaking the Secretary requested
comments on whether the proposed regulations would require transmission
of information that is being gathered by or is available from any other
agency or authority of the United States.
Based on the response to the proposed rules and its own review, the
Department has determined that the regulations in this document do not
require transmission of information that is being gathered by or is
available from any other agency or authority of the United States.
(Catalog of Federal Domestic Assistance Number 84--271A--Faculty
Development Fellowship Program)
List of Subjects in 34 CFR Part 641
College and universities, Grant program-education, Reporting and
recordkeeping requirements.
Dated: June 24, 1994.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
The Secretary amends chapter VI of title 34 of the Code of Federal
Regulations by adding a new part 641 to read as follows:
PART 641--FACULTY DEVELOPMENT FELLOWSHIP PROGRAM
Subpart A--General
Sec.
641.1 What is the Faculty Development Fellowship Program?
641.2 Who is eligible for a grant to fund prospective and
experienced faculty development fellowships?
641.3 Who is eligible for a grant to fund faculty professional
development fellowships?
641.4 What activities may the Secretary fund?
641.5 What is included in the grant?
641.6 What regulations apply?
641.7 What definitions apply?
641.8 What is the duration of a project period?
Subpart B--How Does One Apply for a Grant?
641.10 How does an applicant apply for a grant to fund prospective
and experienced faculty development fellowships?
641.11 How does an applicant apply for a grant to fund faculty
professional development fellowships?
Subpart C--How Does the Secretary Make an Award?
641.20 How does the Secretary evaluate an application?
641.21 What selection criteria does the Secretary use to evaluate
an application for a grant to fund prospective and experienced
faculty development fellowships?
641.22 What selection criteria does the Secretary use to evaluate
an application for a grant to fund faculty professional development
fellowships?
641.23 What additional factors does the Secretary consider?
641.24 What priorities does the Secretary establish for grants to
fund prospective and experienced faculty development fellowships?
641.25 What other priorities does the Secretary establish?
Subpart D--How Are Fellows Selected?
641.30 How does a grantee select fellows?
641.31 How does an individual apply for a fellowship?
641.32 What special rule applies to the distribution of
fellowships?
Subpart E--How Does the Secretary Distribute Funds?
641.40 What is the amount of a stipend awarded to prospective and
experienced faculty development fellows?
Subpart F--What Are the Administrative Responsibilities of the Grantee
That Receives Funds for Prospective and Experienced Faculty Development
Fellowships?
641.50 How does a grantee disburse and return funds for prospective
or experienced faculty development fellowships?
641.51 What training is a grantee required to provide to
prospective faculty development fellows?
641.52 What records are required from a grantee that receives grant
funds for prospective or experienced faculty development
fellowships?
Subpart G--What Are the Administrative Responsibilities of the Grantee
That Receives Funds for Faculty Professional Development Fellowships?
641.60 How does a grantee disburse and return funds for faculty
professional development fellowships?
641.61 What records are required from a grantee that receives funds
for faculty professional development fellowships?
Subpart H--What Conditions Apply to Prospective and Experienced Faculty
Development Fellowships?
641.70 What agreement must be made by prospective and experienced
faculty development fellows?
641.71 What are the requirements for a prospective or experienced
faculty development fellow to receive fellowship payments?
641.72 What are the repayment provisions for prospective and
experienced faculty development fellowships?
641.73 What are grounds for deferral from the repayment schedule?
641.74 What exceptions apply to the agreement to complete the
requirements for doctoral study within the period in which the
fellowship is awarded?
Authority: 20 U.S.C. 1134r-1134r-6, unless otherwise noted.
Subpart A--General
Sec. 641.1 What is the Faculty Development Fellowship Program?
(a) The Faculty Development Fellowship Program provides grants to
institutions of higher education, consortia of institutions, and
consortia of institutions and nonprofit organizations to fund
fellowships for individuals from underrepresented minority groups to
enter or continue in the higher education professorate.
(b) Under the program, the Secretary awards grants for the
following types of fellowships:
(1) Prospective faculty development fellowships, as described in
Sec. 641.4(a).
(2) Experienced faculty development fellowships, as described in
Sec. 641.4(b).
(3) Faculty professional development fellowships, as described in
Sec. 641.4(c).
(Authority: 20 U.S.C. 1134r)
Sec. 641.2 Who is eligible for a grant to fund prospective and
experienced faculty development fellowships?
(a) The Secretary awards grants for prospective and experienced
faculty development fellowships to the following:
(1) An institution with a demonstrated record of enhancing the
access to graduate education of individuals from underrepresented
minority groups.
(2) A consortium of institutions with a demonstrated record of
enhancing the access to graduate education of individuals from
underrepresented minority groups.
(3) A consortium of nonprofit organizations and institutions with a
demonstrated record of enhancing the access to graduate education of
individuals from underrepresented minority groups.
(b) A consortium has a demonstrated record of enhancing the access
to graduate education of individuals from underrepresented minority
groups if each institution in the consortium that intends to offer a
program of doctoral study has a demonstrated record of enhancing the
access to graduate education of individuals from underrepresented
minority groups.
(c) An institution that intends to offer a program of doctoral
study has a demonstrated record of enhancing access to graduate
education if it provides evidence of the following:
(1) A social and academic environment that is supportive of the
academic success of students and faculty who are members of
underrepresented minority groups.
(2) Procedures to identify, recruit, and enhance the access of
individuals from underrepresented minority groups to graduate
education.
(3) A successful record of completion of doctoral degree programs
by individuals from underrepresented minority groups.
(4) A successful record of assisting individuals from
underrepresented minority groups who receive doctoral degrees enter the
higher education professorate.
(d) The Secretary does not award a grant under this part for study
at a school or department of divinity.
(Authority: 20 U.S.C. 1134, 1134r)
Sec. 641.3 Who is eligible for a grant to fund faculty professional
development fellowships?
(a) The Secretary awards grants for faculty professional
development fellowships to the following:
(1) An institution with a demonstrated record of enhancing the
professional development of faculty from underrepresented minority
groups.
(2) A consortium of institutions with a demonstrated record of
enhancing the professional development of faculty from underrepresented
minority groups.
(3) A consortium of nonprofit organizations and institutions with a
demonstrated record of enhancing the professional development of
faculty from underrepresented minority groups.
(b) A consortium has a demonstrated record of enhancing the
professional development of faculty from underrepresented minority
groups if each institution and nonprofit organization in the consortium
that intends to offer a professional development program has a
demonstrated record of enhancing the professional development of
faculty from underrepresented minority groups.
(c) An institution or nonprofit organization that intends to offer
a professional development program has a demonstrated record of
enhancing the professional development of faculty from underrepresented
minority groups if it provides evidence that it has policies or
procedures for assisting faculty from underrepresented minority groups
to participate in professional development programs. This evidence,
includes, but is not limited to the following:
(1) An academic environment that is responsive to advancing the
careers of underrepresented minorities.
(2) Programs that have been designed to provide opportunities for
faculty from underrepresented minority groups to improve instructional
methodology.
(3) A successful record of providing opportunities for faculty from
underrepresented minority groups to attend workshops, seminars, and
other professional development activities relating to their academic
careers.
(d) The Secretary does not award a grant under this part for study
at a school or department of divinity.
(Authority: 20 U.S.C. 1134r)
Sec. 641.4 What activities may the Secretary fund?
The Secretary awards grants to fund the following types of
fellowships:
(a) Prospective faculty development fellowships. Fellowships for
talented baccalaureate degree recipients from underrepresented minority
groups who have financial need and who wish to obtain a doctoral degree
and enter the higher education professorate.
(b) Experienced faculty development fellowships. Fellowships for
talented faculty from underrepresented minority groups who wish to
continue in the higher education professorate and obtain a doctoral
degree.
(c)(1) Faculty professional development fellowships. Fellowships
for talented faculty from underrepresented minority groups who wish to
participate in short-term professional development programs, including
seminars, conferences, and workshops, specifically designed to enhance
their skills and careers.
(2) Grant funds for faculty professional development fellowships
may not be used to fund study leading to a doctoral degree.
(Authority: 20 U.S.C. 1134r)
Sec. 641.5 What is included in the grant?
(a) Each grant to fund prospective and experienced faculty
development fellowships consists of the stipends paid by the Secretary
through the grantee to fellows. The stipend provides an allowance to a
fellow for the fellow's (and his or her dependents') subsistence and
other expenses.
(b)(1) Each grant to fund faculty professional development
fellowships consists of the allowable costs of the fellows'
participation in professional development programs.
(2) For the purposes of paragraph (b)(1) of this section, allowable
costs are the following:
(i) Costs of instruction, including fees for materials and
supplies.
(ii) Out-of-town travel expenses, excluding foreign travel.
(iii) Per diem expenses for food and lodging during the period of
instruction.
(Authority: 20 U.S.C. 1134r, 1134r-1)
Sec. 641.6 What regulations apply?
The following regulations apply to the Faculty Development
Fellowship Program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR Part 74 (Administration of Grants).
(2) 34 CFR Part 75 (Direct Grant Programs).
(3) 34 CFR Part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR Part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR Part 82 (New Restrictions on Lobbying).
(6) 34 CFR Part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(7) 34 CFR Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part.
(Authority: 20 U.S.C. 1134r)
Sec. 641.7 What definitions apply?
(a) Definitions in EDGAR. The following term(s) used in this part
are defined in 34 CFR 77.1:
Applicant
Application
Award
Budget
Budget Period
Department
EDGAR
Grant
Grantee
Nonprofit
Project
Project Period
Secretary
(b) Other Definitions: The following definitions also apply to this
part:
Academic field means an area of study in an academic department
within an institution of higher education other than a school or
department of divinity.
Academic year means the 12-month period beginning with the fall
instructional term of the institution.
Consortium of institutions of higher education means two or more
institutions of higher education that have entered into a cooperative
arrangement for the purpose of carrying out common objectives.
Doctoral study means a postbaccalaureate program of study leading
to a degree in any academic field of graduate study that requires a
dissertation.
Fellow means a recipient of a fellowship under this part.
Fellowship means an award made by a grantee to an individual under
this part.
Financial need means the fellow's financial need as determined
under Title IV, Part F, of the HEA for the period of the fellow's
enrollment in the approved field of doctoral study for which the
fellowship was awarded.
HEA means the Higher Education Act of 1965, as amended (20 U.S.C.
1070 et seq.).
Historically black colleges and universities (HBCUs) means those
institutions listed in 34 CFR 608.2 (Strengthening Historically Black
Colleges and Universities Program) and 34 CFR 609.2 (Strengthening
Historically Black Graduate Institutions Program).
Institution of higher education (institution) means an institution
of higher education, other than a school or department of divinity, as
defined in section 1201(a) of the HEA.
Minority means Alaskan Native, American Indian, Asian-American,
Black (African-American), Hispanic American, Native Hawaiian, or
Pacific Islander.
Predominantly black colleges and universities means those
institutions whose undergraduate enrollment consists of more than fifty
percent black students.
Satisfactory progress means that a fellow meets or exceeds the
institution's criteria and standards established for a student's
continued status as a candidate for the degree in the academic field
for which the fellowship was awarded.
School or department of divinity means an institution, or an
academic department of an institution, whose program is specifically
for the education of students to prepare them to become ministers of
religion or to enter into some other religious vocation or to prepare
them to teach theological subjects.
Significant enrollment means an undergraduate enrollment of at
least 25 percent.
Supervised training means formal and informal training or
instruction in teaching methods followed by the opportunity for a
fellow to teach at the graduate or undergraduate level under the
guidance and direction of senior faculty.
Temporarily totally disabled means the inability by virtue of an
injury or illness to be gainfully employed during a reasonable period
of recovery.
Underrepresented means proportionate representation, as measured by
degree recipients, that is less than the proportionate representation
in the general population--
(i) As indicated by--
(A) The most current edition of the Department's Digest of
Educational Statistics (This document is available from U.S. Department
of Education, Office of Education Research and Improvement, 555 New
Jersey Avenue, NW., Washington, DC 20208-5641, Attention: Educational
Statistics.);
(B) The National Research Council's Doctorate Recipients from
United States Universities (This document is available from the
National Research Council, 2101 Constitution Avenue, NW., Washington,
DC 20418.); or
(C) Other standard statistical references, as announced annually in
the Federal Register notice inviting applications for new awards under
this program; or
(ii) As documented by national survey data submitted to and
accepted by the Secretary on a case-by-case basis.
(Authority: 20 U.S.C. 1134r)
Sec. 641.8 What is the duration of a project period?
(a) The maximum duration of a grant to fund prospective or
experienced faculty development fellowships is 60 months.
(b) The maximum duration of a grant to fund faculty professional
development fellowships is 36 months.
(Authority: 20 U.S.C. 1134r)
Subpart B--How Does One Apply for a Grant?
Sec. 641.10 How does an applicant apply for a grant to fund
prospective and experienced faculty development fellowships?
To apply for a grant to fund prospective and experienced faculty
development fellowships, an applicant shall submit an application
that--
(a) Responds to the appropriate selection criteria in Sec. 641.21;
and
(b) Contains--
(1) The applicant's plan for identifying and recruiting talented
and financially needy baccalaureate degree recipients or talented
faculty from underrepresented minority groups who may participate in
the project;
(2) A description of the program or programs of doctoral study for
which it will award fellowships;
(3) The applicant's plan for using minority faculty and other
faculty as advisors, mentors, and academic resources in support of the
project;
(4) A description of other resources of the applicant, including
tuition waivers, assistantships, or financial aid other than loans,
that the applicant shall make available to fellows;
(5) If the applicant is a consortium--
(i) The signed agreement listing the--
(A) Names of the undergraduate institutions that are historically
or predominantly black colleges and universities or other institutions
with significant enrollments of individuals from minority groups that
have agreed to cooperate with the applicant to carry out the purposes
of the project; and
(B) Names of the other institutions or nonprofit organizations
included in the consortium; and
(ii) The terms of cooperation among the members of the consortium;
(6)(i) If the applicant is applying for a grant to fund prospective
faculty development fellowships, assurances that the applicant will
provide at least one academic term of supervised training in
instruction to each fellow during the period of the fellowship; or
(ii) If the applicant is applying for a grant to fund experienced
faculty development fellowships, assurances that the applicant will
provide an opportunity for each fellow to improve his or her
instructional methods;
(7) Assurances that the applicant will ensure that fellows are
making satisfactory progress in, and devoting full time to, the
doctoral study program in which they are enrolled; and
(8) Evidence that each institution that plans to offer a program of
doctoral study to fellows has a demonstrated record of enhancing the
access to graduate education of individuals from underrepresented
minority groups, as required in Sec. 641.2(c).
(Authority: 20 U.S.C. 1134r-2)
Sec. 641.11 How does an applicant apply for a grant to fund faculty
professional development fellowships?
To apply for a grant to fund faculty professional development
fellowships, an applicant shall submit an application that--
(a) Responds to the selection criteria in Sec. 641.22; and
(b) Contains--
(1) The applicant's plan for identifying and recruiting talented
faculty from underrepresented minority groups who wish to participate
in professional development programs specifically designed to advance
their careers;
(2) A description of the program or programs of professional
development the applicant plans to offer, and the ways in which the
program or programs are specifically designed to advance the careers of
faculty from underrepresented minority groups;
(3) The applicant's plan for using minority and other faculty as
advisors, mentors, and academic resources in support of the project;
(4) A description of other resources of the applicant that the
applicant shall make available to fellows;
(5) If the applicant is a consortium--
(i) The signed agreement listing the--
(A) Names of the undergraduate institutions that are historically
or predominantly black colleges and universities or other institutions
with significant enrollments of individuals from minority groups that
have agreed to cooperate to carry out the purposes of the project; and
(B) Names of the other institutions or nonprofit organizations
included in the consortium; and
(ii) The terms of cooperation among the members of the consortium;
and
(6) Evidence that each institution or nonprofit organization that
plans to offer a faculty professional development program has a
demonstrated record of enhancing the professional development of
faculty from underrepresented minority groups, as required in
Sec. 641.3(c).
(Approved by the Office of Management and Budget under control
number 1840-0687)
(Authority: 20 U.S.C. 1134r)
Subpart C--How Does the Secretary Make an Award?
Sec. 641.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant to fund
prospective or experienced faculty development fellowships on the basis
of the selection criteria in Sec. 641.21, the additional considerations
in Sec. 641.23, and the priorities in Sec. 641.24.
(b) The Secretary evaluates an application for a grant to fund
faculty professional development fellowships on the basis of the
selection criteria in Sec. 641.22 and the additional considerations in
Sec. 641.23.
(c) The Secretary awards up to 100 points for the selection
criteria in Sec. 641.21 and up to 100 points for the selection criteria
in Sec. 641.22.
(d) The maximum possible score for each criterion is indicated in
parentheses.
(Authority: 20 U.S.C. 1134r-2)
Sec. 641.21 What selection criteria does the Secretary use to evaluate
an application for a grant to fund prospective or experienced faculty
development fellowships?
The Secretary uses the following criteria to evaluate an
application for a grant to fund prospective or experienced faculty
development fellowships:
(a) Applicant's commitment. (24 points) The Secretary reviews each
application to determine the overall strength of the applicant's
commitment to meet the needs of fellows, including consideration of the
extent to which--
(1) The social and academic environment of each institution that
plans to offer a program of doctoral study is supportive of the
academic success of students and faculty who are members of
underrepresented minority groups;
(2) The applicant plans to identify, recruit, and enhance the
access of individuals from underrepresented minority groups to graduate
education;
(3) Each institution that plans to offer a program of doctoral
study has a successful record of individuals from underrepresented
minority groups completing doctoral degree programs;
(4) Each institution that plans to offer a program of doctoral
study has a successful record of assisting individuals from
underrepresented minority groups who receive doctoral degrees to enter
the higher education professorate;
(5) If the applicant is a consortium, the applicant has the
commitment of institutions that are historically and predominantly
black or other institutions with significant enrollments of individuals
from underrepresented minority groups to cooperate with the applicant
to carry out the purposes of the project; and
(6) Individuals from underrepresented minority groups are
represented among the administrators and faculty of each institution
that plans to offer a program of doctoral study.
(b) Meeting the purposes of the program. (14 points). The Secretary
reviews each application to determine how well the project will meet
the purposes of the program, including the extent to which--
(1) The applicant's general and specific objectives for the project
are realistic and measurable; and
(2) The applicant's objectives for the project seek to increase the
number of individuals from underrepresented minority groups to enter or
continue in the higher education professorate.
(c) Quality of implementation strategy. (32 points). The Secretary
reviews each application to determine--
(1) The potential effectiveness of the applicant's plan for
identifying and recruiting, to participate in the project, talented--
(i) Faculty; or
(ii) Baccalaureate degree recipients (8 points);
(2) The quality of the program or programs of doctoral study that
the applicant plans to offer, including--
(i) If the applicant applies for a grant to fund prospective
faculty development fellowships, one academic term of supervised
teaching opportunities for these fellows; or
(ii) If the applicant applies for a grant to fund experienced
faculty development fellowships, opportunities for fellows to improve
their instructional methods (14 points);
(3) The quality of the applicant's policies and procedures to
monitor whether a fellow is making satisfactory progress towards
receiving a doctoral degree (5 points); and
(4) The extent to which the policies and procedures the applicant
proposes to institute for administering the project are likely to
ensure efficient and effective project implementation, including
assistance to and oversight of the project director (5 points).
(d) Quality of key personnel. (12 points).
(1) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the project, including--
(i) The qualifications of the project director (3 points);
(ii) The qualifications of each of the key faculty to be used on
the project (4 points);
(iii) The time that each person referred to in paragraphs (d)(1)(i)
and (ii) of this section will commit to the project (3 points); and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected without regard
to race, color, national origin, religion, gender, age, or disabling
condition, except pursuant to a lawful affirmative action plan (2
points).
(2) To determine personnel qualifications under paragraphs
(d)(1)(i) and (ii) of this section, the Secretary considers--
(i) The past work experiences and training of key professional
personnel as directly related to the stated project purposes and
objectives; and
(ii) Any other qualifications of the key professional personnel
that pertain to the quality of the project.
(e) Adequacy of resources. (9 points). The Secretary reviews each
application to determine the extent of the resources the applicant
plans to make available to fellows, including--
(1) Tuition waivers, assistantships, or financial aid other than
loans that will be available to fellowship recipients;
(2) Use of faculty from underrepresented minority groups and other
faculty as advisors, mentors, and academic resources in support of the
project; and
(3) Space and equipment.
(f) Evaluation plan. (9 points). The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's evaluation
methods--
(1) Relate to the specific goals and measurable objectives of the
project;
(2) Include both process and product evaluation measures that are
objective and designed to produce data that are quantifiable; and
(3) Describe how the applicant will analyze and report the data so
that it can make adjustments and improvements on a regular basis.
(Approved by the Office of Management and Budget under control
number 1840-0687)
(Authority: 20 U.S.C. 1134r-2)
Sec. 641.22 What selection criteria does the Secretary use to evaluate
an application for a grant to fund faculty professional development
fellowships?
The Secretary uses the following criteria to evaluate an
application for a grant to fund faculty professional development
fellowships:
(a) Meeting the purposes of the program. (20 points). The Secretary
reviews each application to determine how well the project will meet
the purposes of the program, including the extent to which--
(1) The applicant proposes a project specifically designed to
advance the careers of faculty from underrepresented minority groups;
and
(2) The applicant's general and specific objectives for the project
are realistic and measurable.
(b) Quality of implementation strategy. (40 points). The Secretary
reviews each application to determine--
(1) The potential effectiveness of the applicant's plan for
identifying and recruiting faculty from underrepresented minority
groups who wish to remain in the higher education professorate and
participate in a professional development program specifically designed
to advance their careers (10 points);
(2) The quality of the program or programs to be offered to the
faculty and the extent to which these programs are structured to
advance the careers of underrepresented minorities (15 points);
(3) The extent to which the applicant plans to measure or monitor
whether the faculty is benefitting from the program or programs
designed to advance their careers (5 points);
(4) The extent to which the program or programs include
opportunities for faculty to improve their teaching methods (5 points);
and
(5) The extent to which individuals from underrepresented minority
groups are represented among the administrators and faculty of the
project (5 points).
(c) Grant management. (12 points). The Secretary reviews each
application to determine the applicant's ability to provide for the
overall administration of the grant award, including providing
assistance to and oversight of the project director in order to achieve
the stated project purposes and objectives.
(d) Adequacy of resources. (9 points). The Secretary reviews each
application to determine the adequacy of resources the applicant plans
to devote to the project, including--
(1) The use of faculty from underrepresented minority groups and
other faculty as advisors, mentors, and academic resources in support
of the project; and
(2) Space, materials, and equipment.
(e) Budget. (10 points). The Secretary reviews each application to
determine the extent to which--
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the
project.
(f) Evaluation plan. (9 points). The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's evaluation
methods--
(1) Relate to the specific goals and measurable objectives of the
project;
(2) Include both process and product evaluation measures that are
objective and designed to produce data that are quantifiable; and
(3) Describe how the applicant will analyze and report the data so
that it can make adjustments and improvements on a regular basis.
(Approved by the Office of Management and Budget under control
number 1840-0687)
(Authority: 20 U.S.C. 1134r-2)
Sec. 641.23 What additional factors does the Secretary consider?
In awarding grants to fund prospective faculty development
fellowships, experienced faculty development fellowships, and faculty
professional development fellowships, the Secretary ensures--
(a) An equitable geographic distribution of grants;
(b) That both public and private institutions are fairly
represented among grantees; and
(c) That there is an equitable distribution of fellowships among
underrepresented minority groups.
(Authority: 20 U.S.C. 1134r)
Sec. 641.24 What priorities does the Secretary establish for grants to
fund prospective and experienced faculty development fellowships?
(a) In awarding grants to fund prospective and experienced faculty
development fellowships, the Secretary awards 3 additional points to
applicants whose applications describe projects that--
(1) Provide each fellow--
(i) A tuition waiver; and
(ii)(A) A minimum $2,000 in support beyond the stipend received by
each fellow under Sec. 641.4 (a) or (b); or
(B) Additional financial support in conjunction with teaching or
research activities that are part of the fellow's doctoral program;
(2) Provide additional financial support to each fellow from non-
Federal resources, either in cash or in-kind, such as contributions
from the business community and civic organizations;
(3) Emphasize courses of study leading to the doctoral degrees in
disciplines where minorities are underrepresented; and
(4) Describe steps to ensure that a fellow will teach at an
institution where minority undergraduate students are likely to benefit
from the educational experience and academic achievement of the fellow.
(b)(1) The Secretary may waive all or any portion of the
requirements in paragraph (a)(1) of this section upon the request of
any institution that has been designated as an eligible institution
under Title III of the Act in the year in which the institution, or the
consortium of which the institution is a member, is applying for a
grant under this program.
(2) In the case of a consortium, the waiver in paragraph (b)(1) of
this section applies only to the eligible Title III institution(s) and
not to any other member of the consortium.
(Approved by the Office of Management and Budget under control
number 1840-0687)
(Authority: 20 U.S.C. 1134r)
Sec. 641.25 What other priorities does the Secretary establish?
(a) The Secretary may give absolute priority to applications for
grants to fund--
(1) Prospective faculty development fellowships;
(2) Experienced faculty development fellowships;
(3) Faculty professional development fellowships; or
(4) Two or more of the categories of fellowships listed in
paragraphs (a) (1), (2), and (3) of this section.
(b) Each year, the Secretary announces the absolute priority under
paragraph (a) of this section in a notice inviting applications for
this program published in the Federal Register.
(Authority: 20 U.S.C. 1134r)
Subpart D--How are Fellows Selected?
Sec. 641.30 How does a grantee select fellows?
In selecting individuals to receive fellowships, a grantee shall
consider only individuals who are--
(a) Identified under Sec. 641.4; and
(b) (1) United States citizens or nationals;
(2) Permanent residents of the United States;
(3) In the United States for other than a temporary purpose and
intend to become citizens or permanent residents; or
(4) Permanent residents of the Trust Territory of the Pacific
Islands (Palau).
(Authority: 20 U.S.C. 1134, 1144a)
Sec. 641.31 How does an individual apply for a fellowship?
An individual shall apply directly to the grantee.
(Authority: 20 U.S.C. 1134)
Sec. 641.32 What special rule applies to the distribution of
fellowships?
(a) Each grantee receiving a grant to fund prospective faculty
development fellowships shall ensure that there is an equitable
distribution of fellowships among underrepresented minority groups. For
the purposes of this paragraph, an equitable distribution means the
distribution of fellowships in a manner that reflects the
representation of eligible individuals from underrepresented minority
groups applying for prospective faculty development fellowships from
each grantee.
(b) Each grantee receiving a grant to fund experienced faculty
development fellowships shall ensure that there is an equitable
distribution of fellowships among underrepresented minority groups. For
purposes of this paragraph, an equitable distribution means the
distribution of fellowships in a manner that reflects the
representation of underrepresented minority groups among eligible non-
doctoral degree bearing faculty applying for experienced faculty
development fellowships at each institution from which fellows are
selected.
(c) Each grantee receiving a grant to fund faculty professional
development fellowships shall ensure that there is an equitable
distribution of fellowships among underrepresented minority groups. For
the purposes of this paragraph, an equitable distribution means the
distribution of fellowships in a manner that reflects the
representation of underrepresented minority groups among eligible
members of the faculty applying for faculty professional development
fellowships at each institution from which fellows are selected.
(d) Nothing in paragraphs (a), (b), or (c) of this section requires
a grantee to grant preference or disparate treatment to the members of
one group because the members of a group are not receiving fellowships
under this part that are in proportion to their representation in any
community, State, section, or other area.
(Authority: 20 U.S.C. 1134r)
Subpart E--How Does the Secretary Distribute Funds?
Sec. 641.40 What is the amount of a stipend awarded to prospective and
experienced faculty development fellows?
(a) The grantee shall pay the fellow a stipend at a level of
support equal to that provided by the National Science Foundation
graduate fellowships or the fellow's demonstrated level of financial
need, whichever is less.
(b) The Secretary announces the amount of the maximum stipend
awarded to graduate fellowship recipients in a notice published in the
Federal Register.
(Authority: 20 U.S.C. 1134r-1)
Subpart F--What Are the Administrative Responsibilities of the
Grantee That Receives Funds for Prospective and Experienced Faculty
Development Fellowships?
Sec. 641.50 How does a grantee disburse and return funds for
prospective or experienced faculty development fellowships?
(a) A grantee shall disburse a stipend to a prospective or
experienced faculty development fellow in accordance with the regular
payment schedule of the institution in which the fellow is enrolled,
but shall not make less than one payment per academic term.
(b) If a fellow withdraws from an institution or completes his or
her program of study before the completion of an academic term for
which he or she received a stipend installment, the grantee may award
the fellowship for the remainder of the project period to another
individual who satisfies the requirements in Sec. 641.30.
(c) If a fellowship is vacated and the grantee does not award the
fellowship to another individual, the grantee shall return unexpended
stipend funds to the Secretary, unless the Secretary authorizes the use
of those funds for a subsequent budget period. The institution shall
return the unexpended stipend funds at a time and in a manner
determined by the Secretary.
(d) If a fellow withdraws from his or her program of study before
the completion of the academic term for which he or she received a
stipend installment, the fellow shall return a prorated portion of the
stipend installment to the institution at a time and in a manner
determined by the Secretary.
(Authority: 20 U.S.C. 1134r)
Sec. 641.51 What training is a grantee required to provide to
prospective faculty development fellows?
The grantee shall provide prospective faculty development fellows
at least one academic term of supervised training.
(Authority: 20 U.S.C. 1134r)
Sec. 641.52 What records are required from a grantee that receives
grant funds for prospective or experienced faculty development
fellowships?
(a) A grantee that receives funds for prospective and experienced
faculty development fellowships shall keep records necessary to
establish--
(1) That each fellow satisfies the eligibility requirements in
Sec. 641.30;
(2)(i) The time and amount of all disbursements; and
(ii) Return of stipend payments under Sec. 641.50 (c) and (d); and
(3) That assurances provided in its application have been
satisfied.
(b) After the completion of each academic year, a grantee shall
provide to the Secretary, prior to the receipt of additional grant
funds for disbursement to a prospective or experienced faculty
development fellow, a certification that the fellow is enrolled in, is
making satisfactory progress in, and is devoting full time to, the
doctoral program in which the fellow is enrolled.
(Approved by the Office of Management and Budget under control
number 1840-0687)
(Authority: 20 U.S.C. 1134r)
Subpart G--What Are the Administrative Responsibilities of the
Grantee That Receives Funds for Faculty Professional Development
Fellowships?
Sec. 641.60 How does a grantee disburse and return funds for faculty
professional development fellowships?
(a) A grantee that receives grant funds for professional
development fellowships shall disburse grant funds to a faculty
professional development fellow in a timely manner.
(b) If a fellow withdraws from a professional development program
before the completion of the program, the grantee may award the
fellowship for the remainder of the project period to another
individual who satisfies the requirements in Sec. 641.30.
(c) If a fellowship is vacated and the grantee does not award the
fellowship to another individual, the grantee shall return unexpended
grant funds to the Secretary, unless the Secretary authorizes the use
of those funds for a subsequent budget period. The institution shall
return the unexpended grant funds at a time and in a manner determined
by the Secretary.
(Authority: 20 U.S.C. 1134r)
Sec. 641.61 What records are required from a grantee that receives
funds for faculty professional development fellowships?
A grantee that receives funds for faculty professional development
fellowships shall keep records necessary to establish--
(a) That each fellow satisfies the eligibility requirements in
Sec. 641.30;
(b) The time and amount of all disbursements and the return of
unexpended grant funds; and
(c) That all grant funds are used for allowable costs.
(Approved by the Office of Management and Budget under control
number 1840-0687)
(Authority: 20 U.S.C. 1134r)
Subpart H--What Conditions Apply to Prospective and Experienced
Faculty Development Fellowships?
Sec. 641.70 What agreement must be made by prospective and experienced
faculty development fellows?
Each prospective and experienced faculty development fellow shall
enter into an agreement with the grantee in which he or she agrees--
(a) To complete the requirements for a doctoral degree within the
period for which the fellowship is awarded;
(b) If the fellow is a prospective faculty development fellow, to
teach full time, within five years after completing the doctoral degree
for which the fellowship was awarded, for a period of not less than one
year for each year for which financial assistance under this program
was received, in a public or private nonprofit institution of higher
education;
(c) If the fellow is an experienced faculty development fellow, to
teach full time, within five years after completing the doctoral degree
for which the fellowship was awarded, for a period of not less than one
year for each year for which financial assistance under this program
was received, in a public or private nonprofit institution of higher
education that has a significant minority enrollment;
(d) (1) To annually provide to the Secretary evidence that the
fellow is in compliance with paragraphs (a), and (b) or (c), as
appropriate, of this section.
(2) Evidence that a fellow is in compliance with his or her
teaching obligation under paragraphs (b) or (c) of this section must
include a certification from the institution in which the fellow is
teaching certifying that the fellow is employed as a full-time teacher;
and
(e) To repay the fellowship assistance received in accordance with
Sec. 641.72(a), in the event the conditions of paragraphs (a), (b) or
(c), as appropriate, or (d) of this section are not complied with by
the fellow.
(Authority: 20 U.S.C. 1134r-3)
Sec. 641.71 What are the requirements for a prospective or experienced
faculty development fellow to receive fellowship payments?
The grantee shall disburse grant funds to each prospective and
experienced faculty development fellow who--
(a) Is selected in accordance with the criteria established under
Sec. 641.30;
(b) Signs an agreement under Sec. 641.70;
(c) Is enrolled as a full-time student in a program of doctoral
study in an institution of higher education; and
(d) Is maintaining satisfactory progress towards a doctoral degree.
(Authority: 20 U.S.C. 1134r)
Sec. 641.72 What are the repayment provisions for prospective and
experienced faculty development fellowships?
(a) If a fellow is found to be in noncompliance with the agreement
entered into under Sec. 641.70, the fellow shall--
(1) Repay the amount of the grant funds received, prorated
according to the fraction of the teaching obligation not completed, as
determined by the Secretary in accordance with paragraph (b) of this
section;
(2) Pay a simple, per annum interest charge on the outstanding
principal, as determined by the Secretary, in accordance with paragraph
(c) of this section; and
(3) Pay all reasonable collection costs, as determined by the
Secretary, in accordance with 34 CFR part 682.
(b) A fellow required by paragraph (a) of this section to repay his
or her fellowship shall--
(1) Enter repayment status on the first day of the first calendar
month after--
(i) The Secretary has determined that the fellow is no longer
pursuing a full-time course of study leading to a doctoral degree and
has not received a doctoral degree;
(ii) The date the fellow informs the grantee or the Secretary that
he or she does not plan to fulfill the teaching obligation under
Sec. 641.70 (b) or (c); or
(iii) The latest date on which a fellow must have begun teaching in
order to have completed his or her teaching obligation under
Sec. 641.70 (b) or (c); and
(2) Make monthly or quarterly payments to the Secretary that--
(i) Cover principal, interest, and reasonable collection costs
according to a schedule established by the Secretary that calls for
complete repayment within 10 years after the fellow enters repayment
status, except as provided in paragraph (b)(2)(ii) of this section; and
(ii) Amount annually to no less than $1,800 or the unpaid balance,
whichever is less.
(c) The interest charge referred to in paragraph (a)(2) of this
section accrues from--
(1) The date of the disbursement of the initial fellowship payment
if--
(i) The Secretary determines that the fellow is no longer pursuing
a course of full-time study leading to a doctoral degree; or
(ii) The fellow informs the grantee or the Secretary that he or she
does not plan to fulfill the teaching obligation under Sec. 641.70(b)
or (c); or
(2) The latest date on which a fellow must have begun teaching in
order to have completed his or her teaching obligation within 5 years
after completing the degree for which the fellowship was awarded.
(d)(1) The interest charge referred to in paragraph (a)(2) of this
section is calculated annually for the program for the twelve-month
period extending from July 1 of each year through June 30 of the
subsequent year and is set at a rate that is the greater of the
following rates established pursuant to section 427A of the HEA for the
same twelve-month period:
(i) The rate charged to new borrowers under the Robert T. Stafford
Federal Student Loan Program (Title IV, Part B of the HEA).
(ii) The rate charged to new borrowers under the Federal
Supplemental Loans for Students and Federal PLUS Programs (section 428A
and 428B of the HEA, respectively) as published in the Federal
Register.
(2) For a fellow required to repay his or her fellowship--
(i) The interest charge applicable to the period extending from the
date on which interest begins to accrue (determined in accordance with
paragraph (c) of this section) until the date on which the fellow's
repayment period begins (determined in accordance with paragraph (b) of
this section) is adjusted annually and is set at the rate established
for the program in accordance with paragraph (d)(1) of this section;
and
(ii) The interest charge applicable during the repayment period is
the rate established for the program in accordance with paragraph
(d)(1) of this section that is in effect on the date on which the
fellow's repayment period begins.
(e) A fellow is not required to make repayments amounting to more
than $3,600 annually unless higher payments are needed to complete the
entire repayment within the ten-year period described in paragraph
(b)(2) of this section.
(Authority: 20 U.S.C. 1134r-4)
Sec. 641.73 What are grounds for deferral from the repayment schedule?
(a) A fellow is not in violation of the repayment schedule entered
into under Sec. 641.72 during any period in which the fellow is--
(1) Pursuing a full-time course of doctoral study;
(2) Serving, for a period not to exceed 3 years, as a member of the
armed services of the United States;
(3) Serving as a Peace Corps volunteer, or as a volunteer under the
Domestic Service Volunteer Act of 1973;
(4) Temporarily totally disabled for a period of time not to exceed
3 years as established by sworn affidavit of a qualified physician;
(5) Unable to secure employment for a period of time not to exceed
12 months because the fellow is providing care, such as continuous
nursing, required by a spouse or another member of fellow's immediate
family who is disabled;
(6) Seeking and unable to find full-time employment for a single
period not to exceed 12 months; or
(7) Engaged in full-time employment as a teacher in a public or
private nonprofit preschool, elementary or secondary school, or a
public or private nonprofit preschool, education program.
(b) During the time a fellow meets any of the conditions listed in
paragraph (a) of this section, he or she need not make the repayments
required by Sec. 641.72 and interest does not accrue.
(c) The Secretary extends the 10-year repayment period established
under Sec. 641.72(c)(2) by a period equal to the length of time a
fellow meets any of the conditions listed in paragraph (a) of this
section.
(d) A fellow shall provide a certification annually to the
Secretary that he or she qualifies for one or more of the conditions
for deferral listed in paragraph (a) of this section.
(e) A fellow shall be excused from repayment of any fellowship
assistance received under this program if--
(1) The fellow becomes permanently totally disabled as established
by sworn affidavit of a qualified physician; or
(2) The fellow has died, as established by a death certificate or
other evidence conclusive under State law.
(Authority: 20 U.S.C. 1134r-5)
Sec. 641.74 What exceptions apply to the agreement to complete the
requirements for doctoral study within the period in which the
fellowship is awarded?
A prospective or an experienced faculty development fellow is not
in violation of the agreement to complete the requirements for a
doctoral degree during the period for which the fellowship is awarded,
under Sec. 641.70(a), if he or she is--
(a) Serving, for a period not to exceed 3 years, as a member of the
armed services of the United States;
(b) Temporarily totally disabled for a period not to exceed 3 years
as established by sworn affidavit of a qualified physician;
(c) Unable to continue study for a period of time not to exceed 12
months because the fellow is providing care, such as continuous
nursing, required by a spouse or another member of the fellow's
immediate family who is disabled; or
(d) Enrolled in a doctoral study program full-time and is making
satisfactory progress towards receiving a doctoral degree.
(Authority: 20 U.S.C. 1134r-5)
[FR Doc. 94-15960 Filed 6-30-94; 8:45 am]
BILLING CODE 4000-01-P
