`[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5634-5639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01317]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Part 263

RIN 1810-AB70
[Docket ID ED-2024-OESE-0008]


Indian Education Discretionary Grant Programs; Professional 
Development Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final regulations.

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

SUMMARY: The Department of Education (Department) amends the 
regulations that govern the Professional Development (PD) program, 
authorized under the Elementary and Secondary Education Act of 1965, as 
amended (ESEA), to establish priorities, requirements, and a definition 
for the program, including a priority for educator retention projects.

DATES: These regulations are effective February 18, 2025.

FOR FURTHER INFORMATION CONTACT: Linda Brake, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: 
(202) 987-0796. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.
    A summary of the rule is available at https://www.regulations.gov/document/ED-2024-OESE-0008-0001.

SUPPLEMENTARY INFORMATION: 
    Purpose of this Regulatory Action: Under ESEA section 6122(a)(4), 
one of the purposes of the PD program is to develop and implement 
initiatives to promote the retention of effective teachers, principals, 
and school leaders who have a record of success in helping low-
achieving Indian students improve their academic achievement, outcomes, 
and preparation for postsecondary education or employment. The 
Department amends the program regulations to support implementation of 
this aspect of the program purpose.
    Assistance Listing Number (ALN): 84.299B.

Background

    Through this regulatory action, we amend part 263 of title 34 of 
the Code of Federal Regulations. We published a notice of proposed 
rulemaking (NPRM) for this program on July 29, 2024 (89 FR 60844). In 
the preamble of the NPRM, we discussed the major changes proposed in 
that document. In these final regulations, in addition to the

[[Page 5635]]

changes proposed in the NPRM, we are making the following revisions to 
ensure consistency throughout the regulations:
     In the NPRM, we proposed updates to the regulations to 
include part-time participants (89 FR 60844, 60847), but inadvertently 
did not make the updates in all places where it was necessary. We are 
making those related changes in Sec. Sec.  263.3 (definition of 
``stipend'') and 263.11(a), and we are removing the definition of 
``full-time student,'' as it is no longer necessary.
     In Sec.  263.5(a)(2), consistent with the other 
application requirements in paragraph (a), we are adding ``as 
applicable'' to reflect that PD program competitions may focus on a 
subset of the allowable activities, such as retention.
     We are revising Sec.  263.10(b)(3) to confirm that, 
consistent with Sec.  263.10(f), the deferred payback option is 
available for eligible full-time volunteer work ``up to a period of 36 
months.''
    Public Comment: In response to our invitation in the NPRM, we did 
not receive any substantive and/or relevant comments on the proposed 
regulations. Except for minor technical revisions and the conforming 
changes summarized above, there are no differences between the proposed 
regulations and these final regulations.

Executive Orders 12866, 13563, and 14094

Regulatory Impact Analysis

    Under Executive Order 12866, OMB must determine whether this 
regulatory action is ``significant'' and, therefore, subject to the 
requirements of the Executive Order and subject to review by OMB. 
Section 3(f) of Executive Order 12866, as amended by Executive Order 
14094, defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $200 million or more 
(as of 2022 but adjusted every 3 years by the Administrator of the 
Office of Information and Regulatory Affairs (OIRA) of OMB for changes 
in gross domestic product), or adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, territorial, or 
Tribal governments;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise legal or policy issues for which centralized review would 
meaningfully further the President's priorities, or the principles 
stated in the Executive order, as specifically authorized in a timely 
manner by the Administrator of OIRA in each case.
    This regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f)(4) of Executive Order 
12866, as amended by Executive Order 14094.
    We have also reviewed these regulations under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' OIRA has emphasized 
that these techniques may include ``identifying changing future 
compliance costs that might result from technological innovation or 
anticipated behavioral changes.''
    We are issuing these regulations only on a reasoned determination 
that their benefits justify their costs. In choosing among alternative 
regulatory approaches, we selected those approaches that maximize net 
benefits. Based on an analysis of anticipated costs and benefits, we 
believe that these regulations are consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action will not unduly 
interfere with State, local, territorial, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs associated 
with this regulatory action are those resulting from statutory 
requirements and those we have determined as necessary for 
administering the Department's programs and activities.

Costs and Benefits

    We believe that the potential costs associated with the regulatory 
changes will be minimal, and the benefits will exceed these costs.
    For Professional Development grants, there will be no additional 
time or cost for applicants developing an application under the new 
priorities and application requirements. The benefits include allowing 
the program to better meet its mission of recruiting and retaining 
qualified Indian individuals to become educators. We do not anticipate 
grantees needing additional time to report full-time participant 
payback information in the Professional Development Program Data 
Collection System (PDPDCS). The costs of carrying out these activities 
would continue to be paid for with program funds.
    The benefits also include enhancing project design and quality of 
services to better meet the objectives of the program and the needs of 
potential grantees with more educators remaining in their current 
positions and increasing their impact on Indian students and 
communities, as well as more accurately calculating the length of 
payback for participants in part-time training. We added payback 
deferral options for participants who serve as full-time volunteers 
with Indian Tribes, because it will provide them with opportunities to 
better understand the educational needs of Indian students, while 
helping to build the capacity of Tribes, and for participants who 
experience a temporary disability that affects the participant's 
ability to complete their payback obligations. These deferral pathways 
will provide participants more flexibility and help them obtain 
experience that fulfills their service obligation and provides relief 
to Tribal communities.
    Elsewhere in this section under Paperwork Reduction Act of 1995, we 
identify and explain burdens

[[Page 5636]]

specifically associated with information collection requirements.

Regulatory Flexibility Act Certification

    The Department certifies that these regulations will not have a 
substantial economic impact on a substantial number of small entities. 
The U.S. Small Business Administration Size Standards define 
proprietary institutions as small businesses if they are independently 
owned and operated, are not dominant in their field of operation, and 
have total annual revenue below $7,000,000. Nonprofit institutions are 
defined as small entities if they are independently owned and operated 
and not dominant in their field of operation. Public institutions are 
defined as small organizations if they are operated by a government 
overseeing a population below 50,000.
    The small entities that will be affected by these regulations are 
LEAs, IHEs, Tribal Colleges and Universities, Tribes, and Tribally 
operated schools receiving Federal funds under this program. The 
regulations will not have a significant economic impact on the small 
entities affected because the regulations do not impose excessive 
regulatory burdens or require unnecessary Federal supervision. Of the 
impacts we estimate accruing to grantees or eligible entities, all are 
voluntary and relate mostly to an increase in the number of 
applications prepared and submitted annually for competitive grant 
competitions. Therefore, we do not believe that these regulations 
present any significant impact on small entities beyond the potential 
for increasing the likelihood of their applying for, and receiving, 
competitive grants from the Department.

Paperwork Reduction Act

    These regulations do not create any new information collection 
requirements under OMB Control number 1810-0722 and therefore do not 
change the related information collection.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site, you can view this 
document, as well as all other Department documents published in the 
Federal Register, in text or Portable Document Format (PDF). To use 
PDF, you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access Department documents published in the Federal 
Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

(Authority: 20 U.S.C. 7442, 25 U.S.C. 5304, 5307)

List of Subjects in 34 CFR Part 263

    Business and industry, College and universities, Elementary and 
secondary education, Grant programs--education, Grant programs--
Indians, Indians--education, Reporting and recordkeeping requirements, 
Scholarships and fellowships.

Adam Schott,
Principal Deputy Assistant Secretary, Delegated the Authority to 
Perform the Functions and Duties of the Assistant Secretary, Office of 
Elementary and Secondary Education.
    For the reasons discussed in the preamble, the Department amends 
part 263 of title 34 of the Code of Federal Regulations as follows:

PART 263--INDIAN EDUCATION PROFESSIONAL DEVELOPMENT PROGRAM

0
1. The authority citation continues to read as follows:

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


0
2. Amend Sec.  263.3 by:
0
a. Adding in alphabetical order a definition for ``educator''.
0
b. Removing the definition of ``full-time student''.
0
c. Revising the definition of ``stipend''.
    The addition and revision read as follows:


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

* * * * *
    Educator means an individual who is one or more of--
    (1) A teacher (including an early education teacher);
    (2) A principal or other school leader;
    (3) An administrator;
    (4) Specialized instructional personnel (e.g., school psychologist, 
school counselor, school social worker, school nurse, librarian, early 
intervention service personnel);
    (5) A paraprofessional; or
    (6) Faculty.
* * * * *
    Stipend means that portion of an award that is used for room, 
board, and personal living expenses for participants in pre-service 
training who are living at or near the institution providing the 
training.
* * * * *


0
3. Revise Sec.  263.5 to read as follows:


Sec.  263.5   What are the application requirements?

    An applicant must--
    (a) Describe how it will--
    (1) Recruit qualified Indian individuals, such as students who may 
not be of traditional college age, to become teachers, principals, or 
school leaders, if applicable;
    (2) Use funds made available under the grant to support the 
recruitment, preparation, retention, and professional development of 
Indian teachers or principals in LEAs that serve a high proportion of 
Indian students, as applicable; and
    (3) Assist participants who receive pre-service training in meeting 
the payback requirements under Sec.  263.9(b), if applicable;
    (b) If required by the Secretary through a notice inviting 
applications published in the Federal Register, submit one or more 
letters of support from LEAs that serve a high proportion of Indian 
students. Each letter must include--
    (1) A statement that the LEA agrees to consider program graduates 
for employment;
    (2) Evidence that the LEA meets the definition of ``LEA that serves 
a high proportion of Indian students''; and
    (3) The signature of an authorized representative of the LEA;
    (c) If applying as an Indian organization, demonstrate that the 
entity meets the definition of ``Indian organization'';
    (d) If it is an affected LEA that is subject to the requirements of 
section 8358 of the Elementary and Secondary

[[Page 5637]]

Education Act of 1965, as amended (ESEA), consult with appropriate 
officials from Tribe(s) or Tribal organizations approved by the Tribes 
located in the area served by the LEA prior to its submission of an 
application, as required under ESEA section 8538; and
    (e) Comply with any other requirements in the application package.


0
4. Amend Sec.  263.6 by adding paragraphs (b)(5) and (6) to read as 
follows:


Sec.  263.6   What priority is given to certain projects and 
applicants?

* * * * *
    (b) * * *
    (5) Indian educator retention. The Secretary establishes a priority 
for projects that--
    (i) Propose an educator retention initiative to help address the 
shortage of fully certified Indian educators to help ensure that Indian 
students gain knowledge and understanding of Native communities, 
languages, histories, traditions, and cultures, and expand their impact 
on Indian students' education; or
    (ii) Support compensated educator leadership models designed to 
increase the retention of effective, experienced Indian educators who 
take on additional leadership and peer support responsibilities such 
that Indian teachers have the opportunity to advance in their careers 
and earn additional compensation.
    (6) State or local educational agencies or Bureau of Indian 
Education school lead applicants. The Secretary establishes a priority 
for applications that are submitted by one or more of the below types 
of applicants, in consortium with an institution of higher education, 
which could include a Tribal college or university:
    (i) State educational agency.
    (ii) Local educational agency.
    (iii) Bureau of Indian Education school.
* * * * *


0
5. Amend Sec.  263.9 by:
0
a. Revising paragraph (a) introductory text and paragraph (b)(2).
0
b. Adding paragraph (b)(5).
0
c. Removing paragraph (c)(4) and redesignating paragraph (c)(5) as 
paragraph (c)(4).
0
d. Revising the newly redesignated paragraph (c)(4) and the note to 
Sec.  263.9.
    The revisions and addition read as follows:


Sec.  263.9   What are the payback requirements?

    (a) General. All participants who receive pre-service training 
must--
* * * * *
    (b) * * *
    (2) The period of time required for a work-related payback is 
determined as follows:
    (i) If a participant was a full-time student in a pre-service 
training program, the work-related payback period is equivalent to the 
total period of time for which pre-service training under the 
Professional Development program was actually received on a month-for-
month basis.
    (ii) If a participant was a part-time student in a pre-service 
training program, the work-related payback period is proportional to 
the accumulated academic years for which pre-service training under the 
Professional Development program was actually received on a month-for-
month basis, taking into consideration the typical academic calendar of 
the institution where the training was received.
    (iii) If a participant received pre-service training as a full-time 
student for a portion of the program and as a part-time student for 
another portion of the program, the period of work-related payback is 
prorated accordingly.
* * * * *
    (5) The work-related payback period for an individual supported 
under the Professional Development program may extend beyond the end of 
the performance period of the Professional Development grant.
    (c) * * *
    (4) Notwithstanding paragraph (c)(1) of this section, participants 
who exited or completed a grant-funded pre-service training program in 
Federal fiscal year 2020 (October 1, 2019-September 30, 2020) who did 
not submit employment verification within 24 months of program exit or 
completion, and participants with qualifying employment during Federal 
fiscal year 2020 who did not submit employment verification for a 24-
month period, will automatically be referred for a cash payback unless 
the participant qualifies for a deferral as described in Sec.  263.10.

    Note to Sec.  263.9:  For grants that provide pre-service 
administrator training, a participant who has received administrator 
training and subsequently works for a Tribal education agency that 
provides administrative control or direction of public schools 
(e.g., BIE-funded schools or charter schools) satisfies the 
requirements of paragraph (b)(1) of this section.


0
6. Revise Sec.  263.10 to read as follows:


Sec.  263.10   What are the exceptions to payback requirements and 
requirements for payback deferral?

    (a) Exceptions to payback. Based upon sufficient evidence to 
substantiate the grounds, the Secretary may grant, in whole or in part, 
an exception to the repayment requirement in Sec.  263.9 as follows:
    (1) Repayment is not required if the participant--
    (i) Is unable to continue the course of study or perform the 
service obligation because of a permanent disability that--
    (A) Had not been diagnosed at the time the participant executed the 
initial agreement; or
    (B) Did not originally prevent the participant from performing the 
requirements of the course of study or the service obligation at the 
time the participant signed the agreement but subsequently worsened; or
    (ii) Has died.
    (2) To request an exception to payback under paragraph (a)(1) of 
this section for oneself or on behalf of another individual, a 
requestor must submit an explanation of the reason for the exception 
along with substantiating evidence to the Secretary through the program 
officer.
    (b) Deferral of payback. Subject to meeting the requirements of 
this section, the Secretary may defer payback requirements during the 
time the participant is--
    (1) Continuing education after completing or exiting the 
Professional Development program, in a full- or part-time course of 
study without interruption, in a program leading to a degree at an 
accredited institution of higher education;
    (2) Serving on active duty as a member of the Armed Forces of the 
United States;
    (3) Serving as a full-time volunteer for an Indian Tribe, for a 
period not to exceed 36 months;
    (4) Experiencing a temporary disability that affects the 
participant's ability to continue the course of study or perform the 
work obligation, for a period not to exceed thirty-six months.
    (c) Secretarial exceptions. Under limited circumstances as 
determined by the Secretary and based upon evidence submitted by the 
participant, the Secretary may grant an exception to, or deferral of, 
the payback requirement under circumstances not specified in this 
section. These circumstances may include, but are not limited to, the 
need to care for a disabled spouse, partner, or child, or to accompany 
a spouse or partner on active duty in the Armed Forces or Bureau of 
Indian Affairs law enforcement.

[[Page 5638]]

    (d) Requesting payback deferral for continuing education. (1) To 
receive a payback deferral under paragraph (b)(1) of this section, a 
participant must submit a request to the Secretary through the program 
officer that includes--
    (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) If the Secretary approves the deferral of the payback 
requirement under paragraph (b)(1) of this section, the participant 
must submit to the Secretary through the program officer 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.
    (e) Requesting payback deferral for active duty in the Armed 
Forces. If a participant exits the Professional Development program 
because the participant is called or ordered to active duty status in 
connection with a war, military operation, or national emergency for 
more than 30 days as a member of a reserve component of the Armed 
Forces named in 10 U.S.C. 10101, or as a member of the National Guard 
on full-time National Guard duty, as defined in 10 U.S.C. 101(d)(5), 
the Secretary may defer the payback requirement until the participant 
has completed the military service. Requests for deferral must be 
submitted to the Secretary through the program officer within 30 days 
of the earlier of receiving the call to military service or completing 
or exiting the Professional Development program, and must include--
    (1) A written statement from the participant's commanding or 
personnel officer certifying--
    (i) That the participant is on active duty in the Armed Forces of 
the United States;
    (ii) The date on which the participant's service began; and
    (iii) The date on which the participant's service is expected to 
end; or
    (2)(i) A true certified copy of the participant's official military 
orders; and
    (ii) A copy of the participant's military identification.
    (f) Requesting payback deferral for volunteer work. (1) To receive 
a payback deferral related to qualifying volunteer work under paragraph 
(b)(3) of this section, the participant must submit a request to the 
Secretary through the program officer that includes--
    (i) The name of the Indian Tribe at which the participant will be 
volunteering;
    (ii) A copy of the letter appointing the participant as a full-time 
volunteer at the Indian Tribe;
    (iii) A statement of volunteer work to be performed; and
    (iv) The projected date of completion.
    (2) If the Secretary approves payback deferral under this paragraph 
(f), the participant must submit to the Secretary through the program 
officer a status report from an authorized representative from the 
entity with which the participant is volunteering, showing verification 
of continued engagement every 12 months. The Secretary may defer the 
payback requirement until the participant has completed his or her 
qualifying volunteer work, for a period not to exceed 36 months.
    (g) Requesting payback deferral for temporary disability. To 
receive a payback deferral under paragraph (b)(4) of this section, the 
participant must submit a request to the Secretary through the program 
officer that includes--
    (1) An explanation of the reason for the deferral;
    (2) An indication of the length of time for which they are 
requesting deferral; and
    (3) Substantiating evidence.


Sec.  263.11   [Amended]

0
7. Amend Sec.  263.11 in paragraph (a) by removing the phrase ``as a 
full-time student''.


0
8. Revise Sec.  263.12 to read as follows:


Sec.  263.12   What are the post-award requirements for grantees 
providing pre-service training?

    (a) Requirement for payback meeting. Prior to providing funds or 
services to a participant, the grantee must conduct a payback meeting 
with the participant to explain the costs of training and payback 
responsibilities following training.
    (b) Requirement for payback agreement. (1) Prior to providing funds 
or services to a participant, and for each subsequent year that 
training funds are disbursed, the grantee must enter into a written 
agreement with each participant in which the participant agrees to the 
terms and conditions required by this section.
    (2) The payback agreement must explain the Secretary's authority to 
grant deferrals and exceptions to the service obligation pursuant to 
Sec.  263.10 and include--
    (i) The current Department address for purposes of the 
participant's compliance with Sec.  263.11, or any other purpose under 
this part, and other Office of Indian Education contact information;
    (ii) The estimated length of training;
    (iii) The total training costs;
    (iv) The total amount of assistance accrued year-to-date;
    (v) The total number of months in the service obligation year-to-
date;
    (vi) A statement explaining that work must be in an ``LEA that 
serves a high proportion of Indian students,'' and the regulatory 
definition of that phrase; and
    (vii) Information documenting that the grantee held a payback 
meeting with the participant that meets the requirements of this 
section.
    (3) The grantee must submit a signed payback agreement to the 
Department within 30 days of the date on which the payback agreement is 
fully executed by the grantee and participant. The grantee must provide 
a copy of the payback agreement to the participant upon execution.
    (c) Exit certification. At the time of exit from the program, the 
grantee must provide the below information to the participant. Upon 
receipt of this information from the grantee, the participant must 
provide written certification to the grantee that this information is 
correct:
    (1) The name of the institution where the participant received pre-
service training and the award number of the Federal grant that 
provided the scholarship.
    (2) The number of months the participant needs to work in an LEA 
that serves a high proportion of Indian students to satisfy the payback 
requirements in Sec.  263.9.
    (3) The total amount of financial assistance received.
    (4) The participant's field of study and the obligation of the 
participant to perform the service obligation with employment that 
meets the requirements in Sec.  263.9(b).
    (d) Career preparation. During the grant period, a grantee must 
conduct activities to assist participants in identifying qualified 
employment opportunities following completion of the program.
    (e) Information and annual reporting. The grantee must report to 
the Secretary all participant training and payback information in a 
manner specified by the Secretary as well as any other information that 
is necessary to carry out the Secretary's functions under section 6122 
of the ESEA and this part. Each grantee will make annual reports to the 
Secretary, unless more frequent reporting is required by the Secretary, 
that are necessary to carry out the Secretary's functions under this 
part.

[[Page 5639]]

    (f) Standards for satisfactory progress. The grantee must 
establish, publish, notify participants of, and apply reasonable 
standards for measuring whether a participant is making satisfactory 
progress in the training program. The Secretary considers an 
institution's standards to be reasonable if the standards--
    (1) Are the same as the institution's standards for a student 
enrolled in the same academic program who is not receiving assistance 
under this program; and
    (2) Include the following elements:
    (i) Grades, work projects completed, including performance tasks, 
or comparable factors that are measurable against a norm and are 
aligned with demonstrating effective practice.
    (ii) A maximum timeframe in which the participant must complete the 
participant's educational objective, degree, or certificate.
    (iii) Consistent application of standards to all participants 
within categories of students, (e.g., full-time, part-time, 
undergraduate students, and graduate students).
    (iv) Specific policies defining the effect of course incompletes, 
withdrawals, repetitions, and noncredit remedial courses on 
satisfactory progress.
    (v) Specific procedures for appeal of a determination that a 
participant is not making satisfactory progress and for reinstatement 
of aid.
    (g) Requirement for Indian preference. (1) Under section 7(b) of 
the Indian Self-Determination and Education Assistance Act (Pub. L. 93-
638), to the greatest extent feasible, a grantee must--
    (i) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (ii) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452(e), preference in the award of contracts in 
connection with the administration of the grant.
    (2) For the purposes of this paragraph (g), an Indian is a member 
of any federally recognized Indian Tribe.

[FR Doc. 2025-01317 Filed 1-15-25; 4:15 pm]
BILLING CODE 4000-01-P`