[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR304.23] [Page 219-220] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 304--SPECIAL EDUCATION--PERSONNEL PREPARATION TO IMPROVE SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES--Table of Contents Subpart B--What Conditions Must Be Met By the Grantee? Sec. 304.23 What assurances must be provided by a grantee that intends to provide scholarships? Before receiving an award, a grantee that intends to grant scholarships under the program must assure that the following requirements will be satisfied: (a) Requirement for agreement. Each scholar who will receive a scholarship must first enter into a written agreement with the grantee that contains the terms and conditions required by this section. (b) Terms of the agreement. Each agreement under paragraph (a) of this section must contain, at a minimum, the following provisions: (1) Individuals who receive scholarship assistance from projects funded under section 673(b) and (e), and to the extent determined appropriate by the Secretary, section 673(d), of the Act will subsequently maintain employment-- (i) In which the individual provides special education or related services to children with disabilities or early intervention services to infants and toddlers, and their families; (ii) On a full-time or full-time equivalent basis; and (iii) For a period of at least two years for every academic year for which assistance was received. (2) In order to meet the requirements of paragraph (b)(1) of this section, an individual must be employed in a position in which-- (i) A majority of the persons to whom the individual provides services are receiving from the individual special education, related services, or early intervention services; or (ii) The individual spends a majority of his or her time providing special education or related services to children with disabilities or early intervention services to infants and toddlers with disabilities. (3) Individuals who receive scholarship assistance from a leadership preparation project funded under section 673(c) of the Act will subsequently maintain employment-- (i) In which the individual expends a majority of his or her time performing work related to the individual's preparation; (ii) On a full-time or full-time equivalent basis; and (iii) For a period of at least two years for every academic year for which assistance was received. (4) A scholarship recipient must complete the service obligation under paragraph (b)(1)(iii) or (b)(3)(iii) of this section within the period ending not more than the sum of the number of years required in paragraph (b)(1)(iii) or (b)(3)(iii) of this section, as appropriate, plus three additional years, from the date the recipient completes the training for which the scholarship assistance was awarded. (5) Employment that meets the requirements of paragraph (b) of this section, and is performed by a scholar subsequent to the completion of one academic year of the training for which the scholarship assistance was received, can be used to meet, in part, the period of the scholar's service obligation under paragraph (b)(1)(iii) or (b)(3)(iii) of this section. (6) The service obligation in paragraph (b) of this section, as applied to a part-time scholar, is based on the accumulated academic years of training for which the scholarship is received. (c) Repayment. (1) Subject to the provisions in Sec. 304.31 regarding a deferral or exception, a scholar who does not fulfill the requirements in paragraph (b)(1) or (b)(3) of this section, as appropriate, must repay all or part of any scholarship received, plus interest. (2) The amount of the scholarship that has not been retired through eligible service will constitute a debt owed to the United States that-- (i) Will be repaid by the scholar in accordance with Sec. 304.32; and (ii) May be collected by the Secretary in accordance with 34 CFR part 30, in the case of the scholar's failure to meet the obligation of Sec. 304.32. (d) Standards for satisfactory progress. The grantee must establish, notify students of, and apply reasonable standards for measuring whether a scholar is maintaining satisfactory progress in the scholar's course of study; (e) Compliance. The grantee must establish policies and procedures to determine compliance of scholars with the terms of the written agreement developed under this section; [[Page 220]] (f) Exit certification. The grantee must establish policies and procedures for receiving written certification from scholars at the time of exit from the program that identifies-- (1) The number of years the scholar needs to work to satisfy the work requirements in paragraph (b) of this section. (2) The total amount of scholarship assistance received subject to the work-or-repay provision in paragraph (b) of this section. (3) The time period, consistent with paragraph (b)(1)(iii) or (b)(3)(iii) of this section, during which the scholar must satisfy the work requirements in paragraph (b) of this section. (4) All other obligations of the scholar under this section. (g) Information. The grantee must provide, upon request of the Secretary, information, including records maintained under paragraphs (e) and (f) of this section, that is necessary to carry out the Secretary's functions under this part. (h) Records. The grantee must maintain the information under this section related to a scholar for a period of time equal to the time required to fulfill the obligation under paragraph (b) of this section. (i) Notification. The grantee must inform the Secretary if a scholar fails to fulfill or chooses not to fulfill the obligation under paragraph (b)(1) or (b)(3) of this section. (Approved by the Office of Management and Budget under control number 1820-0622) (Authority: 20 U.S.C. 1473(h))