[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Proposed Rules]
[Pages 25612-25618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12790]



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

JAMES MADISON MEMORIAL FELLOWSHIP FOUNDATION

45 CFR Part 2400


Fellowship Program Requirements

AGENCY: James Madison Memorial Fellowship Foundation.

ACTION: Proposed rule.

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

SUMMARY: The following are proposed revised regulations governing the 
annual competition for James Madison Fellowships and the obligations of 
James Madison Fellows. These regulation would update and replace 
several aspects of the the Foundation's existing regulations as 
implemented by the James Madison Memorial Fellowship Act of 1986. These 
revised regulations would govern the qualifications and applications of 
candidates for fellowships; the selection of Fellows by the Foundation; 
the graduate programs Fellows must pursue; the terms and conditions 
attached to awards; the Foundation's annual Summer Institute on the 
Constitution; and related requirements and expectations regarding 
fellowships.

DATES: Comments must be submitted on or before July 22, 1996.

ADDRESSES: James Madison Memorial Fellowship Foundation, 2000 K Street, 
NW, Suite 303, Washington, DC 20006-1809.

FOR FURTHER INFORMATION CONTACT: Lewis F. Larsen, (202) 653-8700.

SUPPLEMENTARY INFORMATION: The reason for the proposed changes to the 
Foundation's regulations comes as a result of the Foundation's desire 
to clarify several of the rules and regulations which James Madison 
Fellows must observe when accepting their fellowships. Although many of 
the changes are minor insertions of words and punctuation, this 
document specifically expands the definition section to include further 
detailed definitions on Credit Hour Equivalent, Incomplete, Repayment, 
Satisfactory Progress, Stipend, Teaching Obligation, Termination and 
Withdrawal. The Foundation now encourages James Madison Fellows to 
choose a graduate program which does not include the writing of a 
thesis. Graduate programs for which Fellows may apply have been 
broadened to included political science. Finally, a section entitled 
``Teaching Obligation'' was added to further clarify the obligation to 
teach, required by the Foundation once each fellow has earned a 
master's degree.

List of Subjects in 45 CFR Part 2400

    Education, Fellowships.

    Dated: May 16, 1996.
Paul A. Yost, Jr.,
President.

    For the reasons set forth in the preamble and under authority of 20 
U.S.C. 4501 et seq., chapter XXIV, title 45 of the Code of Federal 
Regulations is amended by revising part 2400 to read as follows:

Chapter XXIV--James Madison Memorial Fellowship Foundation

PART 2400--FELLOWSHIP PROGRAM REQUIREMENTS

Subpart A--General

2400.1  Purposes.
2400.2  Annual competition.
2400.3  Eligibility.
2400.4  Definitions.

Subpart B--Application

2400.10  Application.
2400.11  Faculty representatives.

Subpart C--Application Process

2400.20  Preparation of application.
2400.21  Contents of application.
2400.22  Application deadline.

[[Page 25613]]

Subpart D--Selection of Fellows

2400.30  Selection criteria.
2400.31  Selection process.

Subpart E--Graduate Study

2400.40  Institutions of graduate study.
2400.41  Degree programs.
2400.42  Approval of Plan of Study.
2400.43  Required courses of graduate study.
2400.44  Commencement of graduate study.
2400.45  Special consideration: Junior Fellows' Plan of Study.
2400.46  Special consideration: second master's degrees.
2400.47  Summer Institute's relationship to fellowship.
2400.48  Fellows' participation in the Summer Institute.
2400.49  Contents of the Summer Institute.
2400.50  Allowances and Summer Institute costs.
2400.51  Summer Institute accreditation.

Subpart F--Fellowship Stipend

2400.52  Amount of stipend.
2400.53  Duration of stipend.
2400.54  Use of stipend.
2400.55  Certification for stipend.
2400.56  Payment of stipend.
2400.57  Termination of stipend.
2400.58  Repayment of stipend.

Subpart G--Special Conditions

2400.59  Other awards.
2400.60  Renewal of award.
2400.61  Postponement of award.
2400.62  Evidence of master's degree.
2400.63  Excluded graduate study.
2400.64  Alterations to Plan of Study.
2400.65  Teaching obligation.
2400.66  Completion of fellowship.

    Authority: 20 U.S.C. 4501 et seq.

Subpart A--General


Sec. 2400.1   Purposes.

    (a) The purposes of the James Madison Memorial Fellowship Program 
are to:
    (1) Provide incentives for master's degree level graduate study of 
the history, principles, and development of the United States 
Constitution by outstanding in-service teachers of American history, 
American government, social studies, and political science in grades 7-
12 and by outstanding college graduates who plan to become teachers of 
the same subjects; and
    (2) Strengthen teaching in the nation's secondary schools about the 
principles, framing, ratification, and subsequent history of the United 
States Constitution.
    (b) The Foundation may from time to time operate its own programs 
and undertake other closely-related activities to fulfill these goals.


Sec. 2400.2   Annual competition.

    To achieve its principal purposes, the Foundation holds an annual 
national competition to select teachers in grades 7-12, college 
seniors, and college graduates to be James Madison Fellows.


Sec. 2400.3   Eligibility.

    Individuals eligible to apply for and hold James Madison 
Fellowships are United States citizens, United States nationals, or 
permanent residents of the Northern Mariana Islands who are:
    (a) Teachers of American history, American government, social 
studies, or political science in grades 7-12 who:
    (1) Are teaching full time during the year in which they apply for 
a fellowship;
    (2) Are under contract, or can provide evidence of being under 
prospective contract, to teach full time as teachers of American 
history, American government, social studies, or political science in 
grades 7-12;
    (3) Have demonstrated records of willingness to devote themselves 
to civic responsibilities and to professional and collegial activities 
within their schools and school districts;
    (4) Are highly recommended by their department heads, school heads, 
school district superintendents, or other supervisors;
    (5) Qualify for admission with graduate standing at accredited 
universities of their choice that offer master's degree programs 
allowing at least 12 semester hours or their equivalent of study of the 
origins, principles, and development of the Constitution of the United 
States and of its comparison with the constitutions of other forms of 
government;
    (6) Are able to complete their proposed courses of graduate study 
within five calendar years from the commencement of study under their 
fellowships, normally through part-time study during summers or in 
evening or weekend programs;
    (7) Agree to attend the Foundation's four-week Summer Institute on 
the Constitution, normally during the summer following the commencement 
of study under their fellowships; and
    (8) Sign agreements that, after completing the education for which 
the fellowship is awarded, they will teach American history, American 
government, social studies, or political science full time in secondary 
schools for a period of not less than one year for each full academic 
year of study for which assistance was received, preferably in the 
state listed as their legal residence at the time of their fellowship 
award. For the purposes of this provision, a full academic year of 
study is the number of credit hours determined by each university at 
which Fellows are studying as constituting a full year of study at that 
university. Fellows' teaching obligations will be figured at full 
academic years of study; and when Fellows have studies for partial 
academic years, those years will be rounded upward to the nearest one-
half year to determine Fellows' total teaching obligations.
    (b) Those who aspire to become full-time teachers of American 
history, American government, social studies, or political science in 
grades 7-12 who:
    (1) Are matriculated college seniors pursuing their baccalaureate 
degrees full time and will receive those degrees no later than August 
31st of the year of the fellowship competition in which they apply or 
prior recipients of baccalaureate degrees;
    (2) Plan to begin graduate study on a full-time basis;
    (3) Have demonstrated records of willingness to devote themselves 
to civic responsibilities;
    (4) Are highly recommended by faculty members, deans, or other 
persons familiar with their potential for graduate study of American 
history and government and with their serious intention to enter the 
teaching profession as secondary school teachers of American history, 
American government, social studies, or political science in grades 7-
12;
    (5) Qualify for admission with graduate standing at accredited 
universities of their choice that offer master's degree programs that 
allow at least 12 semester hours or their equivalent of study of the 
origins, principles, and development of the Constitution of the United 
States and of its comparison with the constitutions and history of 
other forms of government;
    (6) Are able to complete their proposed courses of graduate study 
in no more than two calendar years from the commencement of study under 
their fellowships, normally through full-time study;
    (7) Agree to attend the Foundation's four-week Summer Institute on 
the Constitution, normally during the summer following the commencement 
of study under their fellowships; and
    (8) Sign an agreement that, after completing the education for 
which the fellowship is awarded, they will teach American history, 
American government, social studies, or political science full time in 
secondary schools for a period of not less than one year for each full 
academic year of study for which assistance was received, preferably in 
the state listed as their legal residence at the time of their 
fellowship award. For the purposes of this provision, a full academic 
year of

[[Page 25614]]

study is the number of credit hours determined by each university at 
which Fellows are studying as constituting a full year of study at that 
university. Fellows' teaching obligations will be figured at full 
academic years of study; and when Fellows have studies for partial 
academic years, those years will be rounded upward to the nearest one-
half year to determine Fellows' total teaching obligations.


Sec. 2400.4  Definitions.

    As used in this part:
    Academic year means the period of time in which a full-time student 
would normally complete two semesters, two trimesters, three quarters, 
or their equivalent of study.
    Act means the James Madison Memorial Fellowship Act.
    College means an institution of higher education offering only a 
baccalaureate degree or the undergraduate division of a university in 
which a student is pursuing a baccalaureate degree.
    Credit hour equivalent means the number of graduate credit hours 
obtained in credits, courses or units during a quarter, a trimester, or 
a semester which are needed to equal a specific number of semester 
graduate credit hours.
    Fee means a typical and usually non-refundable charge levied by an 
institution of higher education for a service, privilege, or use of 
property which is required for a Fellow's enrollment and registration.
    Fellow means a recipient of a fellowship from the Foundation.
    Fellowship means an award, called a James Madison Fellowship, made 
to a person by the Foundation for graduate study.
    Foundation means the James Madison Memorial Fellowship Foundation.
    Full-time study means study for an enrolled student who is carrying 
a full-time academic workload as determined by the institution under a 
standard applicable to all students enrolled in a particular 
educational program.
    Graduate study means the courses of study beyond the baccalaureate 
level, which are offered as part of a university's master's degree 
program and which lead to a master's degree.
    Incomplete means a course which the Foundation has paid for but the 
Fellow has received an incomplete grade or the Fellow has not received 
graduate credit for the course.
    Institution of higher education has the meaning given in section 
1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
    Junior Fellowship means a James Madison Fellowship granted either 
to a college senior or to a college graduate who has received a 
baccalaureate degree and who seeks to become a secondary school teacher 
of American history, American government, social studies, or political 
science for full-time graduate study toward a master's degree whose 
course of study emphasizes the framing, principles, history, and 
interpretation of the United States Constitution.
    Master's degree means the first pre-doctoral graduate degree 
offered by a university beyond the baccalaureate degree, for which the 
baccalaureate degree is a prerequisite.
    Matriculated means formally enrolled in a master's degree program 
in a university.
    Repayment means if the fellowship is relinquished by the fellow or 
is terminated by the Foundation prior to the completion of the Fellow's 
degree, and/or the Fellow fails to fulfill the teaching obligation 
after the graduate degree is awarded, the Fellow must repay to the 
Foundation all Fellowship costs received plus interest at a rate of 6% 
per annum and, if applicable, reasonable collection fees.
    Resident means a person who has legal residence in the state, 
recognized under state law. If a question arises concerning a Fellow's 
state of residence, the Foundation determines, for the purposes of this 
program, of which state the person is a resident, taking into account 
the Fellow's place of registration to vote, his or her parent's place 
of residence, and the Fellow's eligibility for in-state tuition rates 
at public institutions of higher education.
    Satisfactory progress for a Junior Fellow means the completion of 
the number of required courses normally expected of full-time master's 
degree candidates at the university that the Fellow attends, with 
grades acceptable to that university, in not more than two calendar 
years from the commencement of that study. Satisfactory progress for a 
Senior Fellow means the completion each year of a specific number of 
required courses in the Fellow's master's degree program, as agreed 
upon each year with the Foundation and outlined on the Plan of Study 
form, with grades acceptable to the Fellow's university, in not more 
than five calendar years from the commencement of that study.
    Secondary school means grades 7 through 12.
    Senior means a student at the academic level recognized by an 
institution of higher education as being the last year of study before 
receiving the baccalaureate degree.
    Senior Fellowship means a James Madison Fellowship granted to a 
secondary school teacher of American history, American government, 
social studies, or political science for part-time graduate study 
toward a master's degree whose course of study emphasizes the framing, 
principles, history, and interpretation of the United States 
Constitution.
    State means each of the 50 states, the District of Columbia, the 
Commonwealth of Puerto Rico, and, considered as a single entity, Guam, 
the United States Virgin Islands, American Samoa, the Commonwealth of 
the Northern Mariana Islands, and, until adoption of its Compact of 
Free Association, the Republic of Palau.
    Stipend means the amount paid by the Foundation to a Fellow or on 
his or her behalf to pay the allowable costs of graduate study which 
have been approved under the fellowship.
    Teaching obligation means that a Fellow, upon receiving a master's 
degree, must teach American history, American government, social 
studies, or political science on a full-time basis to students in 
secondary school for a period of not less than one year for each year 
for which financial assistance was received.
    Term means the period--semester, trimester, or quarter--used by an 
institution of higher education to divide its academic year.
    Termination means the non-voluntary ending of a fellowship by the 
Foundation when the Fellow has not complied with the rules and 
regulations of the fellowship or has not made satisfactory progress in 
his or her program of study.
    University means an institution of higher education that offers 
post-baccalaureate degrees.
    Withdrawal means the voluntary relinquishment or surrender of a 
Fellowship by the Fellow.

Subpart B--Application


Sec. 2400.10  Application.

    Eligible applicants for fellowships must apply directly to the 
Foundation.


Sec. 2400.11  Faculty representatives.

    Each college and university that chooses to do so may annually 
appoint or reappoint a faculty representative who will be asked to 
identify and recruit fellowship applicants on campus, publicize the 
annual competition on campus, and otherwise assist eligible candidates 
in preparation for applying. In order to elicit the appointment of 
faculty representatives, the Foundation will each year request the head 
of each college and university campus to appoint or reappoint a

[[Page 25615]]

faculty representative and to provide the Foundation with the name, 
business address, and business telephone number of a member of its 
faculty representative on forms provided for that purpose.

Subpart C--Application Process


Sec. 2400.20  Preparation of application.

    Applications, on forms mailed directly by the Foundation to those 
who request applications, must be completed by all fellowship 
candidates in order that they be considered for an award.


Sec. 2400.21  Contents of application.

    Applications must include for
    (a) Senior Fellowships:
    (1) Supporting information which affirms an applicant's wish to be 
considered for a fellowship; provides information about his or her 
background, interests, goals, and the school in which he or she 
teaches; and includes a statement about the applicant's educational 
plans and specifies how those plans will enhance his or her career as a 
secondary school teacher of American history, American government, 
social studies, or political science;
    (2) An essay of up to 600 words that explains the importance of the 
study of the Constitution to:
    (i) Young students;
    (ii) The applicant's career aspirations and his or her 
contributions to public service; and
    (iii) Citizenship generally in a constitutional republic;
    (3) The applicant's proposed course of graduate study, including 
the name of the degree to be sought, the required courses to be taken, 
as well as information about the specific degree sought;
    (4) Three evaluations, one from an immediate supervisor, that 
attest to the applicant's strengths and abilities as a teacher in 
grades 7-12; and
    (5) A copy of his or her academic transcript.
    (b) Junior Fellowships:
    (1) Supporting information which affirms an applicant's wish to be 
considered for a fellowship; provides information about the applicant's 
background, interests, goals, and the college which he or she attends 
or attended; and includes a statement about the applicant's educational 
plans and specifies how those plans will lead to a career as a teacher 
of American history, American government, social studies, or political 
science in grades 7-12;
    (2) An essay of up to 600 words that explains the importance of the 
study of the Constitution to:
    (i) Young students;
    (ii) The applicant's career aspirations and his or her contribution 
to public service; and
    (iii) Citizenship generally in a constitutional republic;
    (3) Applicant's proposed course of graduate study, including the 
name of the degree sought, the name of the required courses to be 
taken, and information about the specific degree sought;
    (4) Three evaluations that attest to the applicant's academic 
achievements and to his or her potential to become an outstanding 
secondary school teacher; and
    (5) A copy of his or her academic transcript.


Sec. 2400.22   Application deadline.

    Completed applications must be received by the Foundation no later 
than March 1st of each year preceding the start of the academic year 
for which candidates are applying.

Subpart D--Selection of Fellows


Sec. 2400.30   Selection criteria.

    Applicants will be evaluated, on the basis of materials in their 
applications, as follows:
    (a) Demonstrated commitment to teaching American history, American 
government, social studies, or political science at the secondary 
school level;
    (b) Demonstrated intention to pursue a program of graduate study 
that emphasizes the Constitution and to offer classroom instruction in 
that subject;
    (c) Demonstrated record of willingness to devote themselves to 
civic responsibility;
    (d) Outstanding performance or potential of performance as 
classroom teachers;
    (e) Academic achievements and demonstrated capacity for graduate 
study; and
    (f) Proposed courses of graduate study, especially the nature and 
extent of their subject matter components, and their relationship to 
the enhancement of applicants' teaching and professional activities.


Sec. 2400.31   Selection process.

    (a) An independent Fellow Selection Committee will evaluate all 
valid applications and recommend to the Foundation the most outstanding 
applicants from each state for James Madison Fellowships.
    (b) From among candidates recommended for fellowships by the Fellow 
Selection Committee, the Foundation will name James Madison Fellows. 
The selection procedure will assure that at least one James Madison 
Fellow, junior or senior, is selected from each state in which there 
are at least two legally resident applicants who meet the eligibility 
requirements set forth in Sec. 2400.3 and are judged favorably against 
the selection criteria in Sec. 2400.30.
    (c) The Foundation may name, from among those applicants 
recommended by the Fellow Selection Committee, an alternate or 
alternates for each fellowship. An alternate will receive a fellowship 
if the person named as a James Madison Fellow declines the award or is 
not able to pursue graduate study as contemplated at the time the 
fellowship was accepted. An alternate may be named to replace a Fellow 
who declines or relinquishes an award until, but no later than, March 
1st following the competition in which the alternate has been selected.
    (d) Funds permitting, the Foundation may also select, from among 
those recommended by the Fellow Selection Committee, Fellows at large.

Subpart E--Graduate Study


Sec. 2400.40   Institutions of graduate study.

    Fellowship recipients may attend any accredited university in the 
United States with a master's degree program offering courses or 
training that emphasize the origins, principles, and development of the 
Constitution of the United States and its comparison with the 
constitutions and history of other forms of government.


Sec. 2400.41 Degree programs.

    (a) Fellows may pursue a master's degree in history or political 
science (including government or politics), the degree of Master of 
Arts in Teaching in history or political science (including government 
or politics), or a related master's degree in education that permits a 
concentration in American history, American government, social studies, 
or political science. Graduate degrees under which study is excluded 
from fellowship support are indicated in Sec. 2400.63.
    (b) A master's degree pursued under a James Madison Fellowship may 
entail either one or two years or their equivalent of study, according 
to the requirements of the university at which a Fellow is enrolled.


Sec. 2400.42   Approval of Plan of Study.

    The Foundation must approve each Fellow's Plan of Study. To be 
approved, the plan must:
    (a) On a part-time or full-time basis lead to a master's degree in 
history or political science, the degree of Master of

[[Page 25616]]

Arts in Teaching in history or political science, or a related master's 
degree in education that permits a concentration in American history, 
American government, social studies, or political science;
    (b) Include courses, graduate seminars, or opportunities for 
independent study in topics directly related to the framing and history 
of the constitution of the United States;
    (c) Be pursued at a university that assures a willingness to accept 
up to 6 semester hours of accredited transfer credits from another 
graduate institution for a Fellow's satisfactory completion of the 
Foundation's Summer Institute on the Constitution. For the Foundation's 
purposes, these 6 semester hours may be included in the required 
minimum of 12 semester hours or their equivalent of study of the United 
States Constitution; and
    (d) Be pursued at a university that encourages the Fellow to 
enhance his or her capacities as a teacher of American history, 
American government, social studies, or political science and to 
continue his or her career as a secondary school teacher. The 
Foundation reserves the right to refuse to approve a Fellow's Plan of 
Study at a university that will not accept on transfer the 6 credits 
for the Institute.


Sec. 2400.43   Required courses of graduate study.

    (a) To be acceptable to the Foundation, those courses related to 
the Constitution referred to in Sec. 2400.43(b) must amount to at least 
12 semester or 18 quarter hours or their credit hour equivalent of 
study of topics directly related to the United States Constitution. 
More than 12 semester hours or their credit hour equivalent of such 
study is strongly encouraged.
    (b) The courses that fulfil the required minimum of 12 semester 
hours or their credit hour equivalent of study of the United States 
Constitution must cover one or more of the following subject areas:
    (1) The history of colonial America leading up to the framing of 
the Constitution;
    (2) The Constitution itself, its framing, the history and 
principles upon which it is based, its ratification, the Federalist 
Papers, Anti-Federalist writings, and the Bill of Rights;
    (3) The historical development of political theory, constitutional 
law, and civil liberties as related to the Constitution;
    (4) Interpretations of the Constitution by the Supreme Court and 
other branches of the federal government;
    (5) Debates about the Constitution in other forums and about the 
effects of constitutional norms and decisions upon American society and 
culture; and
    (6) Any other subject clearly related to the framing, history, and 
principles of the Constitution.
    ( c ) If a master's degree program in which a Fellow is enrolled 
requires a master's thesis in place of a course or courses, the Fellow 
will have the option of writing the thesis based on the degree 
requirements. The preparation of a master's thesis should not add 
additional required credits to the minimum number of credits required 
for the master's degree. If a Fellow must write a thesis, the topic of 
the thesis must relate to subjects concerning the framing, principles, 
or history of the United States Constitution. If the Fellow can choose 
between two degree tracks, a thesis track or a non-thesis track, the 
Foundation strongly encourages the non-thesis track.


Sec. 2400.44   Commencement of graduate study.

    (a) Fellows may commence study under their fellowships as early as 
the summer following the announcement of their award. Fellows are 
normally expected to commence study under their fellowships in the fall 
term of the academic year following the date on which their award is 
announced. However, as indicated in Sec. 2400.61, they may seek to 
postpone the commencement of fellowship study under extenuating 
circumstances.
    (b) In determining the two- and five-year fellowship periods of 
Junior and Senior Fellows respectively, the Foundation will consider 
the commencement of the fellowship period to be the date on which each 
Fellow commences study under a fellowship.


Sec. 2400.45   Special consideration: Junior Fellows' Plan of Study.

    Applicants for Junior Fellowships who seek or hold baccalaureate 
degrees in education are strongly encouraged to pursue master's degrees 
in history or political science. Those applicants who hold 
undergraduate degrees in history, political science, government, or any 
other subjects may take some teaching methods and related courses, 
although the Foundation will not pay for them unless they are required 
for the degree for which the Fellow is matriculated. The Foundation 
will review each proposed Plan of Study for an appropriate balance of 
subject matter and other courses based on the Fellow's goals, 
background, and degree requirements.


Sec. 2400.46   Special consideration: second master's degree.

    The Foundation may award Senior Fellowships to applicants who are 
seeking their second master's degrees providing that the applicants' 
first master's degree was obtained at least five years prior to the 
year in which the applicants would normally commence study under a 
fellowship. In evaluating applications from individuals intending to 
pursue a second master's degree, the Fellow Selection Committee will 
favor those applicants who are planning to become American history, 
American government, social studies, or political science teachers 
after having taught another subject and applicants whose initial 
master's degree was in a subject different from that sought under the 
second master's degree.


Sec. 2400.47   Summer Institute's relationship to fellowship.

    Each year, the Foundation offers, normally during July, a four-week 
graduate-level Institute on the principles, framing, ratification, and 
implementation of the United States Constitution at an accredited 
university in the Washington, DC area. The Institute is an integral 
part of each fellowship.


Sec. 2400.48   Fellows' participation in the Summer Institute.

    Each Fellow is required as part of his or her fellowship to attend 
the Institute, normally during the summer following the Fellow's 
commencement of graduate study under a fellowship.


Sec. 2400.49   Contents of the Summer Institute.

    The principal element of the Institute is a graduate history 
course, ``Foundations of American Constitutionalism.'' Other components 
of the Institute include study visits to sites associated with the 
lives and careers of members of the founding generation.


Sec. 2400.50   Allowances and Summer Institute costs.

    For their participation in the Institute, Fellows are paid an 
allowance to help offset income foregone by their required attendance. 
The Foundation also funds the costs of the Institute and Fellows' 
round-trip transportation to and from the Institute site. The costs of 
tuition, required fees, books, room, and board entailed by the 
Institute will be paid for by the Foundation directly but may be offset 
against fellowship award limits if the credits earned for the Institute 
are included within the Fellows' degree requirements.

[[Page 25617]]

Sec. 2400.51   Summer Institute accreditation.

    The Institute is accredited for six graduate semester credits by 
the university at which it is held. It is expected that the 
universities at which Fellows are pursuing their graduate study will, 
upon Fellows' satisfactory completion of the Institute, accept these 
credits or their credit-hour equivalent upon transfer from the 
university at which the Institute is held in fulfillment of the minimum 
number of credits required for Fellows' graduate degrees. Satisfactory 
completion of the Institute will fulfill 6 of the Foundation's 12 
semester credits required in graduate study of the history and 
development of the Constitution. Fellows, with the Foundation's 
assistance, are strongly encouraged to make good faith efforts to have 
their universities incorporate the Institute into their Plan of Study 
and accept the 6 Institute credits toward the minimum number of credits 
required for their master's degrees.

Subpart F--Fellowship Stipend


Sec. 2400.52  Amount of stipend.

    Junior and Senior Fellowships carry a stipend of up to a maximum of 
$24,000 pro-rated over the period of Fellows' graduate study. In no 
case shall the stipend for a fellowship exceed $12,000 per academic 
year. Within this limit, stipends will be pro-rated over the period of 
Fellows' graduate study as follows: a maximum of $6,000 per academic 
semester or trimester of full-time study, and a maximum of $4,000 per 
academic quarter of full-time study. Stipends for part-time study will 
be pro rata shares of those allowable for full-time study.


Sec. 2400.53  Duration of stipend.

    Stipends for Junior Fellowships may be payable over a period up to 
2 calendar years of full-time graduate study, and those for Senior 
Fellowships may be payable over a period of not more than 5 calendar 
years of part-time graduate study, beginning with the dates under which 
Fellows commence their graduate study under their fellowships. However, 
the duration of stipend payments will be subject to the maximum payment 
limits, the length of award time limits, and the completion of the 
minimum degree requirements, whichever occurs first.


Sec. 2400.54  Use of stipend.

    Stipends shall be used only to pay the costs of tuition, required 
fees, books, room, and board associated with graduate study under a 
fellowship. The costs allowed for a Fellow's room and board will be the 
amount the Fellow's university reports to the Foundation as the cost of 
room and board for a graduate student if that student were to share a 
room at the student's university. If no shared graduate housing exists, 
then costs for regular shared student housing will be used. If no 
campus housing exists, the equivalent room and board costs at 
neighboring universities will be used. Stipends for room, board, and 
books will be pro-rated for Fellows enrolled in study less than full 
time. The Foundation will not reimburse Fellows for any portion of 
their master's degree study, that Fellows may have completed prior to 
the commencement of their fellowships. Nor will the Foundation 
reimburse Fellows for any credits acquired above the minimum number of 
credits required for the degree. If a Fellow has already taken and paid 
for courses that can be credited toward the Fellow's graduate degree 
under a fellowship, those must be credited to the degree; the remaining 
required courses will be paid for by the Foundation.


Sec. 2400.55  Certification for stipend.

    In order to receive a fellowship stipend, a Fellow must submit the 
following nine items in writing:
    (a) An acceptance of the terms and conditions of the fellowship 
including a completed certificate of compliance form;
    (b) Evidence of admission to an approved graduate program;
    (c) Certified copies of undergraduate and, if any, graduate 
transcripts;
    (d) A certified payment request form indicating the estimated costs 
for tuition, required fees, books, room, and board;
    (e) A photo copy of the university's bulletin of cost information;
    (f) The amount of income from any other grants or awards;
    (g) Information about the Fellow's degree requirements, including 
the number of required credits to fulfill the degree;
    (h) A statement of the university's willingness to accept the 
transfer of 6 credits toward the Fellow's degree requirements for the 
Fellow's satisfactory completion of the Summer Institute (see 
Sec. 2400.51); and
    (i) A full Plan of Study over the duration of the fellowship, 
including information on the contents of required courses. Senior 
Fellows must provide evidence of their continued full- time employment 
as teachers in grades 7-12.


Sec. 2400.56  Payment of stipend.

    Payment for tuition, required fees, books, room, and board subject 
to the limitations in Sec. 2400.52 through Sec. 2400.55 and 
Sec. 2400.59 through Sec. 2400.60 will be paid to each Fellow at the 
beginning of each term of enrollment upon the Fellow's submission of a 
completed Payment Request Form and the University bulletin of cost 
information.


Sec. 2400.57  Termination of stipend.

    (a) The Foundation may suspend or terminate the payment of a 
stipend if a Fellow fails to meet the criteria set forth in 
Sec. 2400.40 through Sec. 2400.44 and Sec. 2400.60, except as provided 
for in Sec. 2400.61. Before it suspends or terminates a fellowship 
under these circumstances, the Foundation will give notice to the 
Fellow, as well as the opportunity to be heard with respect to the 
grounds for suspension or termination.
    (b) The Foundation will normally suspend the payment of a stipend 
if a Fellow has more than one grade of ``incomplete'' in courses for 
which the Foundation has made payment to the Fellow.


Sec. 2400.58  Repayment of stipend.

    (a) If a Fellow fails to secure a master's degree, fails to teach 
American history, American government, social studies, or political 
science on a full-time basis in a secondary school for at least one 
school year for each academic year for which assistance was provided 
under a fellowship, fails to secure fewer than 12 semester hours or 
their credit hour equivalent for study of the Constitution as indicated 
in Sec. 2400.43(b), or fails to attend the Foundation's Summer 
Institute on the Constitution, the Fellow must repay all of the 
fellowship costs received plus interest at the rate of 6% per annum or 
as otherwise authorized and, if applicable, reasonable collection fees, 
as prescribed in section 807 of the Act (20 U.S.C. 4506(b)).
    (b) If a Fellow withdraws from the fellowship or has a fellowship 
terminated by the Foundation, the Foundation will seek to recover all 
fellowship funds which have been remitted to the Fellow or on his or 
her behalf under a fellowship.

Subpart G--Special Conditions


Sec. 2400.59  Other awards.

    Fellows may accept grants from other foundations, institutions, 
corporations, or government agencies to support their graduate study or 
to replace any income foregone for study. However, the stipend paid by 
the Foundation for allowable costs indicated in Sec. 2400.52 will be 
reduced to the extent these costs are paid from other sources, and in 
no

[[Page 25618]]

case will fellowship funds be paid to Fellows to provide support in 
excess of their actual total costs of tuition, required fees, books, 
room, and board. The Foundation may also reduce a Fellow's stipend if 
the Fellow is remunerated for the costs of tuition under a research or 
teaching assistantship or a work-study program. In such a case, the 
Foundation will require information from a Fellow's university about 
the intended use of assistantship or work-study support before 
remitting fellowship payments.


Sec. 2400.60  Renewal of award.

    (a) Provided that Fellows have submitted all required documentation 
and are making satisfactory academic progress, it is the intent of the 
Foundation to renew Junior Fellowship awards annually for a period not 
to exceed two calendar years or the completion of their graduate 
degrees, whichever comes first, and Senior Fellowships for a period not 
to exceed 5 calendar years (except when those periods have been altered 
because of changes in Fellows' Plan of Study as provided for in 
Sec. 2400.64), or until a Fellow has completed all requirements for a 
master's degree, whichever comes first. In no case, however, will the 
Foundation continue payments under a fellowship to a Fellow who has 
reached the maximum payments under a fellowship as indicated in 
Sec. 2400.52, or completed the minimum number of credits required for 
the degree. Although Fellows are not discouraged in taking courses in 
addition to those required for the degree or required to maintain full-
time status, the Foundation will not in such cases pay for those 
additional courses unless they are credited to the minimum number of 
credits required for the degree.
    (b) Fellowship renewal will be subject to an annual review by the 
Foundation and certification by an authorized official of the 
university at which a Fellow is registered that the Fellow is making 
satisfactory progress toward the degree and is in good academic 
standing according to the standards of each university.
    (c) As a condition of renewal of awards, each Fellow must submit an 
annual activity report to the Foundation by July 15th. That report must 
indicate, through submission of a copy of the Fellow's most recent 
transcript, courses taken and grades achieved; courses planned for the 
coming year; changes in academic or professional plans or situations; 
any awards, recognitions, or special achievements in the Fellow's 
academic study or school employment; and such other information as may 
relate to the fellowship and its holder.


Sec. 2400.61  Postponement of award.

    Upon application to the Foundation, a Fellow may seek postponement 
of his or her fellowship because of ill health or other mitigating 
circumstances, such as military duty, temporary disability, necessary 
care of an immediate family member, or unemployment as a teacher. 
Substantiation of the reasons for the requested postponement of study 
will be required.


Sec. 2400.62  Evidence of master's degree.

    At the conclusion of graduate studies, each Fellow must provide a 
certified transcript which indicates that he or she has secured an 
approved master's degree as set forth in the Fellow's original Plan of 
Study or approved modifications thereto.


Sec. 2400.63  Excluded graduate study.

    (a) James Madison Fellowships do not provide support for study 
toward doctoral degrees, for the degree of master of arts in public 
affairs or public administration, or toward the award of teaching 
certificates. Nor do fellowships support practice teaching required for 
professional certification or other courses related to teaching unless 
those courses are required for the degree. In those cases, however, the 
Foundation will provide reimbursement only toward those courses related 
to teaching that fall within the minimum number of courses required for 
the degree, not in addition to that minimum.


Sec. 2400.64  Alterations to plan of study.

    Although Junior Fellows are expected to pursue full-time study and 
Senior Fellows to pursue part-time study, the Foundation may permit 
Junior Fellows with an established need (such as the need to accept a 
teaching position) to study part time and Senior Fellows with 
established need (such as great distance between the Fellow's residence 
and the nearest university, thus necessitating a full-time leave of 
absence from employment in order to study) to study full time.


Sec. 2400.65  Teaching obligation.

    Upon receiving a Master's degree, each Fellow must teach American 
history, American government, social studies, or political science on a 
full-time basis to students in secondary school for a period of not 
less than one year for each academic year for which financial 
assistance was received. Each Fellow will be required to provide the 
Foundation with an annual certification from an official of the 
secondary school where the Fellow is employed indicating the teaching 
activities of the Fellow during the past year. This same certification 
will be required each year until the Fellow's teaching obligation is 
completed. Any teaching done by the Fellow prior to or during graduate 
studies does not count towards meeting this teaching obligation.


Sec. 2400.66  Completion of fellowship.

    A Fellow will be deemed to have satisfied all terms of a fellowship 
and all obligations under it when the Fellow has completed no fewer 
than 12 graduate semester hours or the equivalent of study of the 
Constitution, formally secured the masters degree, attended the 
Foundation's Summer Institute on the Constitution, completed teaching 
for the number of years and fractions thereof required as a condition 
of accepting Foundation support for study, and submitted all required 
reports.

[FR Doc. 96-12790 Filed 5-21-96; 8:45 am]
BILLING CODE 6820-05-P