34 CFR PART 263\--INDIAN EDUCATION DISCRETIONARY GRANT PROGRAMS

Subpart A\--Professional Development Program

Sec.

263.1 What is the Professional Development program?

263.2 Who is eligible to apply under the Professional Development
program?

263.3 What definitions apply to the Professional Development program?

263.4 What training costs may a Professional Development program
include?

263.5 What priority is given to certain projects and applicants?

263.6 How does the Secretary evaluate applications for the Professional
Development program?

263.7 What are the requirements for a leave of absence?

263.8 What are the payback requirements?

263.9 When does payback begin?

263.10 What are the payback reporting requirements?

Subpart B\--Demonstration Grants for Indian Children Program

263.20 What definitions apply to the Demonstration Grants for Indian
Children program?

263.21 What priority is given to certain projects and applicants?

Authority: 20 U.S.C. 7441 and 7442, unless otherwise noted.

Subpart A\--Professional Development Program

Sec. 263.1 What is the Professional Development program?

\(a\) The Professional Development program provides grants to eligible
entities to\--

\(1\) Increase the number of qualified Indian individuals in professions
that serve Indian people;

\(2\) Provide training to qualified Indian individuals to become
teachers, administrators, teacher aides, social workers, and ancillary
educational personnel; and

\(3\) Improve the skills of qualified Indian individuals who serve in
the education field.

\(b\) The Professional Development program requires individuals who
receive training to\--

\(1\) Perform work related to the training received under the program
and that benefits Indian people, or to repay all or a prorated part of
the assistance received under the program; and

\(2\) Report to the Secretary on the individual\'s compliance with the
work requirement.

(Authority: 20 U.S.C. 7442)

Sec. 263.2 Who is eligible to apply under the Professional Development
program?

\(a\) In order to be eligible for either pre-service or in-service
training programs, an applicant must be an eligible entity which
means\--

\(1\) An institution of higher education, including an Indian
institution of higher education;

\(2\) A State educational agency in consortium with an institution of
higher education;

\(3\) A local educational agency in consortium with an institution of
higher education;

\(4\) An Indian tribe or Indian organization in consortium with an
institution of higher education; or

\(5\) A Bureau of Indian Affairs (Bureau)-funded school.

\(b\) Bureau-funded schools are eligible applicants for\--

\(1\) An in-service training program; and

\(2\) A pre-service training program when the Bureau-funded school
applies in consortium with an institution of higher education that is
accredited to provide the coursework and level of degree required by the
project.

\(c\) Eligibility of an applicant requiring a consortium with any
institution of higher education, including Indian institutions of higher
education, requires that the institution of higher education be
accredited to provide the coursework and level of degree required by the
project.

(Authority: 20 U.S.C. 7442)

Sec. 263.3 What definitions apply to the Professional Development
program?

The following definitions apply to the Professional Development program:

Bureau-funded school means a Bureau school, a contract or grant school,
or a school for which assistance is provided under the Tribally
Controlled Schools Act of 1988.

Department means the U.S. Department of Education.

Dependent allowance means costs for the care of minor children under the
age of 18 who reside with the training participant and for whom the
participant has responsibility. The term does not include financial
obligations for payment of child support required of the participant.

Expenses means tuition and required fees; health insurance required by
the institution of higher education; room, personal living expenses, and
board at or near the institution; dependent allowance; and instructional
supplies.

Full course load means the number of credit hours that the institution
requires of a full-time student.

Full-time student means a student who\--

\(1\) Is a degree candidate for a baccalaureate or graduate degree;

\(2\) Carries a full course load; and

\(3\) Is not employed for more than 20 hours a week.

Good standing means a cumulative grade point average of at least 2.0 on
a 4.0 grade point scale in which failing grades are computed as part of
the average, or another appropriate standard established by the
institution.

Graduate degree means a post-baccalaureate degree awarded by an
institution of higher education beyond the undergraduate level.

Indian means an individual who is\--

\(1\) A member of an Indian tribe or band, as membership is defined by
the Indian tribe or band, including any tribe or band terminated since
1940, and any tribe or band recognized by the State in which the tribe
or band resides;

\(2\) A descendant of a parent or grandparent who meets the requirements
of paragraph (1) of this definition;

\(3\) Considered by the Secretary of the Interior to be an Indian for
any purpose;

\(4\) An Eskimo, Aleut, or other Alaska Native; or

\(5\) A member of an organized Indian group that received a grant under
the Indian Education Act of 1988 as it was in effect October 19, 1994.

Indian institution of higher education means an accredited college or
university within the United States cited in section 532 of the Equity
in Educational Land-Grant Status Act of 1994, any other institution that
qualifies for funding under the Tribally Controlled College or
University Assistance Act of 1978, and the Navajo Community College,
authorized in the Navajo Community College Assistance Act of 1978.

Indian organization means an organization that\--

\(1\) Is legally established\--

\(i\) By tribal or inter-tribal charter or in accordance with State or
tribal law; and

\(ii\) With appropriate constitution, by-laws, or articles of
incorporation;

\(2\) Has as its primary purpose the promotion of the education of
Indians;

\(3\) Is controlled by a governing board, the majority of which is
Indian;

\(4\) If located on an Indian reservation, operates with the sanction or
by charter of the governing body of that reservation;

\(5\) Is neither an organization or subdivision of, nor under the direct
control of, any institution of higher education; and

\(6\) Is not an agency of State or local government.

Induction services means services provided after the participant
completes his or her training program and includes, at a minimum, these
activities:

\(1\) Mentoring, coaching, and consultation services for the participant
to improve performance,

\(2\) Access to research materials and information on teaching and
learning,

\(3\) Periodic assessment of, and feedback sessions on, the
participant\'s performance, provided in coordination with the
participant\'s supervisor,

\(4\) Periodic meetings or seminars for participants to enhance
collaboration, feedback, and peer networking and support.

In-service training means professional activities and opportunities
designed to enhance the skills and abilities of individuals in their
current areas of employment.

Institution of higher education means an accredited college or
university within the United States that awards a baccalaureate or
post-baccalaureate degree.

Participant means an Indian individual who is being trained under the
Professional Development program.

Payback means work-related service or cash reimbursement to the
Department of Education for the training received under the Professional
Development program.

Pre-service training means training to Indian individuals to prepare
them to meet the requirements for licensing or certification in a
professional field requiring at least a baccalaureate degree.

Professional development activities means in-service training offered to
enhance the skills and abilities of individual participants.

Secretary means the Secretary of the Department of Education or an
official or employee of the Department acting for the Secretary under a
delegation of authority.

Stipend means that portion of an award that is used for room and board
and personal living expenses. Note: Only full-time students are eligible
for stipends.

Undergraduate degree means a baccalaureate (bachelor\'s) degree awarded
by an institution of higher education.

(Authority: 20 U.S.C. 7442 and 7491)

Sec. 263.4 What training costs may a Professional Development program
include?

\(a\) A Professional Development program may include, as training costs,
assistance to either\--

\(1\) Fully finance a student\'s educational expenses; or

\(2\) Supplement other financial aid\--including Federal funding other
than loans\--for meeting a student\'s educational expenses.

\(b\) The Secretary announces the expected maximum amounts for stipends
and other costs\--including training costs\--in the annual application
notice published in the Federal Register.

(Authority: 20 U.S.C. 7442)

Sec. 263.5 What priority is given to certain projects and applicants?

\(a\) The Secretary awards a total of 5 points to an application
submitted by an Indian tribe, Indian organization, or an Indian
institution of higher education that is eligible to participate in the
Professional Development program. A consortium application of eligible
entities that meets the requirements of 34 CFR 75.127 through 75.129 of
EDGAR and includes an Indian tribe, Indian organization or Indian
institution of higher education will be considered eligible to receive
the 5 priority points. The consortium agreement, signed by all parties,
must be submitted with the application in order to be considered as a
consortium application.

\(b\) The Secretary awards a total of 5 points to an application
submitted by a consortium of eligible applicants that includes a tribal
college or university and that designates that tribal college or
university as the fiscal agent for the application. The consortium
application of eligible entities must meet the requirements of 34 CFR
75.127 through 75.129 of EDGAR to be considered eligible to receive the
5 priority points. These competitive preference points are in addition
to the 5 competitive preference points that may be given under paragraph
(a) of this section. The consortium agreement, signed by all parties,
must be submitted with the application in order to be considered as a
consortium application.

\(c\) The Secretary may give absolute preference reserving all or a
portion of the funds available for new awards under the Professional
Development program, to only those applications that meet one of the
following priorities selected for a fiscal year. The Secretary announces
the absolute priority selected in the annual application notice
published in the Federal Register.

\(1\) Pre-Service training for teachers. This priority provides support
and training to Indian individuals to complete a pre-service education
program that enables these individuals to meet the requirements for full
State certification or licensure as a teacher through\--

\(i\) Training that leads to a bachelor\'s degree in education before
the end of the award period; or

\(ii\) For States allowing a degree in a specific subject area, training
that leads to a bachelor\'s degree in the subject area as long as the
training meets the requirements for full State teacher certification or
licensure; or

\(iii\) Training in a current or new specialized teaching assignment
that requires at least a bachelor\'s degree and in which a documented
teacher shortage exists; and

\(iv\) One-year induction services after graduation, certification, or
licensure, provided during the award period to graduates of the
pre-service program while they are completing their first year of work
in schools with significant Indian student populations.

Note to paragraph (c)(1): In working with various institutions of higher
education and State certification/licensure requirements, we found that
States requiring a degree in a specific subject area (e.g., specialty
areas or teaching at the secondary level) generally require a Master\'s
degree or fifth-year requirement before an individual can be certified
or licensed as a teacher. These students would be eligible to
participate as long as their training meets the requirements for full
State certification or licensure as a teacher.

\(2\) Pre-service administrator training. This priority provides\--

\(i\) Support and training to Indian individuals to complete a master\'s
degree in education administration that is provided before the end of
the award period and that allows participants to meet the requirements
for State certification or licensure as an education administrator; and

\(ii\) One year of induction services, during the award period, to
participants after graduation, certification, or licensure, while they
are completing their first year of work as administrators in schools
with significant Indian student populations.

(Authority: 20 U.S.C. 7442 and 7473)

Sec. 263.6 How does the Secretary evaluate applications for the
Professional Development program?

The following criteria, with the total number of points available in
parenthesis, are used to evaluate an application for a new award:

\(a\) Need for project (5) points. In determining the need for the
proposed project, the Secretary considers the following:

\(1\) The extent to which the proposed project will prepare personnel in
specific fields in which shortages have been demonstrated; and

\(2\) The extent to which specific gaps or weaknesses in local capacity
to provide, improve, or expand services that address the needs of the
community or region have been identified and will be addressed by the
proposed project, including the nature and magnitude of those gaps or
weaknesses.

\(b\) Significance (10) points. In determining the significance of the
proposed project, the Secretary considers the following:

\(1\) The potential contribution of the proposed project to increase
effective strategies for teaching and student achievement;

\(2\) The likelihood that the proposed project will build local capacity
to provide, improve, or expand services that address the needs of the
target population; and

\(3\) The likelihood that the proposed project will result in system
change or improvement.

\(c\) Quality of the project design (15) points. The Secretary considers
the following factors in determining the quality of the design of the
proposed project:

\(1\) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable;

\(2\) The extent to which the design of the proposed project reflects
up-to-date knowledge from scientifically-based research and effective
practices on how to improve teaching and learning to support student
proficiency in meeting rigorous academic standards;

\(3\) The extent to which performance feedback and continuous
improvement of participant performance are integral to the design of the
proposed project; and

\(4\) The extent to which the proposed project will establish linkages
with other appropriate agencies and organizations providing educational
services to the population of students to be served by the participants.

\(d\) Quality of project services (15) points. The Secretary considers
the following factors:

\(1\) The extent to which the services to be provided by the proposed
project reflect up-to-date knowledge of scientifically-based research
and effective practice;

\(2\) The extent to which the training or professional development
services to be provided by the proposed project are of sufficient
quality, intensity, and duration to lead to improvements in the
achievement of students as measured against rigorous academic standards;
and

\(3\) The extent to which the services to be provided by the proposed
project involve the collaboration of appropriate partners for maximizing
the effectiveness of the training and project services provided.

\(e\) Quality of project personnel (15) points. The Secretary considers
the following factors when determining the quality of the personnel who
will carry out the proposed project:

\(1\) The qualifications, including relevant training and experience, of
the project director;

\(2\) The qualifications, including relevant training and experience, of
key project personnel; and

\(3\) The qualifications, including relevant training and experience, of
project consultants or subcontractors.

\(f\) Adequacy of resources (10) points. In determining the adequacy of
support for the proposed project, the Secretary considers the following
factors:

\(1\) The relevance and demonstrated commitment of each partner in the
proposed project to the implementation and success of the project;

\(2\) The extent to which the costs are reasonable in relation to the
design of the program, program objectives, number of persons to be
served, and the anticipated results and benefits; and

\(3\) The potential for the incorporation of project purposes,
activities, or benefits into the ongoing program of the agency or
organization at the end of Federal funding.

\(g\) Quality of the management plan (15) points. In determining the
quality of the management plan for the proposed project, the Secretary
considers the following factors:

\(1\) The adequacy of procedures for ensuring feedback and continuous
improvement in the performance of program participants in meeting the
needs of the population they are to serve;

\(2\) The adequacy of the management plan to achieve the objectives of
the proposed project during the award period, including clearly defined
responsibilities, timelines, and milestones for accomplishing project
tasks; and

\(3\) The extent to which the time commitments of the project director
and other key personnel are appropriate and adequate to meet the
objectives of the proposed project.

\(h\) Quality of the project evaluation (15) points. In determining the
quality of the evaluation, the Secretary considers the following
factors:

\(1\) The extent to which the methods of evaluation are thorough,
feasible, and appropriate to the context within which the project
operates and the effectiveness of project implementation strategies;

\(2\) The extent to which the methods of evaluation will provide
performance feedback on participants and permit periodic assessment of
progress toward achieving the intended outcomes; and

\(3\) The extent to which the methods of evaluation include the use of
objective output measures that are directly related to the intended
outcomes of the project and will produce both quantitative and
qualitative data to the extent possible.

(Approved by the Office of Management and Budget under control number
1810-0580)

(Authority: 20 U.S.C. 7442)

Sec. 263.7 What are the requirements for a leave of absence?

\(a\) A participant shall submit a written request for a leave of
absence to the project director not less than 30 days prior to
withdrawal or completion of a grading period, unless an emergency

situation has occurred and the project director chooses to waive the
prior notification requirement.

\(b\) The project director may approve a leave of absence, for a period
not longer than one academic year, provided a training participant has
successfully completed at least one academic year.

\(c\) The project director permits a leave of absence only if the
institution of higher education certifies that the training participant
is eligible to resume his or her course of study at the end of the leave
of absence.

(Approved by the Office of Management and Budget under control number
1810-0580)

(Authority: 20 U.S.C. 7442)

Sec. 263.8 What are the payback requirements?

\(a\) Individuals receiving assistance under the Professional
Development program are required to\--

\(1\) Sign an agreement, at the time of selection for training, to meet
the provisions of the payback requirement; and

\(2\) Perform work related to the training received and that benefits
Indian people; or

\(3\) Repay all or a prorated part of the assistance received.

\(b\) The period of time required for a work-related payback is
equivalent to the total period of time for which training was actually
received under the Professional Development program.

\(c\) The cash payback required shall be equivalent to the total amount
of funds received and expended for training received under these
programs and may be prorated based on any approved work-related service
the participant performs.

(Approved by the Office of Management and Budget under control

number 1810-0580)

(Authority: 20 U.S.C. 7442)

Sec. 263.9 When does payback begin?

\(a\) For all participants who complete their training under the
Professional Development program, payback shall begin within six months
from the date of completion of the training.

\(b\) For participants who do not complete their training under the

Professional Development program, payback shall begin within six months
from the date the fellow leaves the Professional Development program,
unless he or she continues as a full-time student without interruption,
in a program leading to a degree in an accredited institution of higher
education.

\(1\) If the participant leaves the Professional Development program,
but plans to continue his or her education as a full-time student, the
Secretary may defer the payback requirement until the participant has
completed his or her educational program. Written requests for deferment
shall be submitted to the Secretary within 30 days of leaving the
Professional Development program and shall provide the following
information\--

\(i\) The name of the accredited institution the student will be
attending;

\(ii\) A copy of the letter of admission from the institution;

\(iii\) The degree being sought; and

\(iv\) The projected date of completion.

\(2\) After approval by the Secretary for deferment of the payback
provision on the basis of continuing as a full-time student, former
participants are required to submit to the Secretary a status report
from an academic advisor or other authorized representative of the
institution of higher education, showing verification of enrollment and
status, after every grading period.

(Approved by the Office of Management and Budget under control number
1810-0580)

(Authority: 20 U.S.C. 7442)

Sec. 263.10 What are the payback reporting requirements?

\(a\) Notice of intent. Participants shall submit to the Secretary,
within 30 days of completion of their training program, a written notice
of intent to complete a work-related or cash payback, or to continue in
a degree program as a full-time student.

\(b\) Work-related payback. If the participant proposes a work-related
payback, the written notice of intent shall include information
explaining how the work-related service is related to the training
received and how it benefits Indian people.

\(1\) For work-related service, the Secretary shall review each
participant\'s payback plan to determine if the work-related service is
related to the training received and that it benefits Indian people. The
Secretary approves the payback plan if a determination is made that the
work-related service to be performed is related to the training received
and benefits Indian people, meets all applicable statutory and
regulatory requirements, and is otherwise appropriate.

\(2\) The payback plan for work-related service shall identify where,
when, the type of service, and for whom the work will be performed.

\(3\) A participant shall notify the Secretary in writing of any change
in the work-related service being performed within 30 days of such
change.

\(4\) For work-related payback, individuals shall submit a status report
every six months beginning from the date the work-related service is to
begin. The reports shall include a certification from the participant\'s
employer that the service(s) have been performed without interruption.

\(5\) For participants that initiate, but cannot complete, a
work-related payback, the payback reverts to a cash payback that is
prorated based upon the amount of time the work-related payback has been
completed.

\(c\) Cash payback. If a cash payback is to be made, the Department will
contact the participant to establish an appropriate schedule for
payments.

(Approved by the Office of Management and Budget under control number
1810-0580)

(Authority: 20 U.S.C. 7442)

Subpart B\--Demonstration Grants for Indian Children Program

Sec. 263.20 What definitions apply to the Demonstration Grants for
Indian Children program?

The following definitions apply to the Demonstration Grants for Indian
Children program:

Federally supported elementary or secondary school for Indian students
means an elementary or secondary school that is operated or funded,
through a contract or grant, by the Bureau of Indian Affairs.

Indian means an individual who is\--

\(1\) A member of an Indian tribe or band, as membership is defined by
the Indian tribe or band, including any tribe or band terminated since
1940, and any tribe or band recognized by the State in which the tribe
or band resides;

\(2\) A descendant of a parent or grandparent who meets the requirements
described in paragraph (1) of this definition;

\(3\) Considered by the Secretary of the Interior to be an Indian for
any purpose;

\(4\) An Eskimo, Aleut, or other Alaska Native; or

\(5\) A member of an organized Indian group that received a grant under
the Indian Education Act of 1988 as it was in effect October 19, 1994.

Indian institution of higher education means an accredited college or
university within the United States cited in section 532 of the Equity
in Educational Land-Grant Status Act of 1994, and other institution that
qualifies for funding under the Tribally Controlled College or
University Assistance Act of 1978, and the Navajo Community College,
authorized in the Navajo Community College Assistance Act of 1978.

Indian organization means an organization that:

\(1\) Is legally established:

\(i\) By tribal or inter-tribal charter or in accordance with State or
tribal law; and

\(ii\) With appropriate constitution, by-laws, or articles of
incorporation;

\(2\) Has as its primary purpose the promotion of the education of
Indians;

\(3\) Is controlled by a governing board, the majority of which is
Indian;

\(4\) If located on an Indian reservation, operates with the sanction or
by charter of the governing body of that reservation;

\(5\) Is neither an organization or subdivision of, nor under the direct
control of, any institution of higher education; and

\(6\) Is not an agency of State or local government.

Professional development activities means in-service training offered to
enhance the skills and abilities of individuals that may be part of, but
not exclusively, the activities provided in a

Demonstration Grants for Indian Children program.

(Authority: 20 U.S.C. 7441)

Sec. 263.21 What priority is given to certain projects and applicants?

\(a\) The Secretary awards a total of 5 competitive preference priority
points to an application that presents a plan for combining two or more
of the activities described in section 7121(c) of the Act over a period
of more than one year.

\(b\) The Secretary awards a total of 5 competitive preference priority
points to an application submitted by an Indian tribe, Indian
organization, or Indian institution of higher education that is

eligible to participate in the Demonstration Grants for Indian Children
program. A consortium of eligible entities that meets the requirements
of 34 CFR 75.127 through 75.129 of EDGAR and includes an Indian tribe,
Indian organization, or Indian institution of higher education will be

considered eligible to receive the five (5) priority points. The
consortium agreement, signed by all parties, must be submitted with the
application in order to be considered as a consortium application. These
competitive preference points are in addition to the 5 competitive
preference points that may be given under paragraph (a) of this section.

\(c\) The Secretary may give absolute preference reserving all or a
portion of the funds available for new awards under the Demonstration
Grants for Indian Children program, to only those applications that meet
one or more of the following priorities selected for a fiscal year. The
Secretary announces the absolute priority selected in the annual
application notice published in the Federal Register.

\(1\) School readiness projects that provide age appropriate educational
programs and language skills to three- and four-year-old Indian students
to prepare them for successful entry into school at the kindergarten
school level.

\(2\) Early childhood and kindergarten programs, including family-based
preschool programs, emphasizing school readiness and parental skills.

\(3\) College preparatory programs for secondary school students
designed to increase competency and skills in challenging subject
matters, including math and science, to enable Indian students to
successfully transition to postsecondary education.

(Authority: 20 U.S.C. 7441 and 7473)