[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR263.3]



[Page 572-573]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 263_INDIAN EDUCATION DISCRETIONARY GRANT PROGRAMS--Table of Contents

 

               Subpart A_Professional Development Program

 

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:



[[Page 573]]



    (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)