34 C.F.R. Subpart D—What Conditions Must Be Met After an Award?
Title 34 - Education
The Federal share may not be more than 90 percent of the total cost of a project under this program. The Secretary may waive part of the non-Federal share of the cost of the project after negotiations if the applicant demonstrates that it does not have sufficient resources to contribute the entire match. (Authority: 29 U.S.C. 711(c)) (a) A grantee must use at least 75 percent of the total award for scholarships as defined in §386.4. (b) The Secretary may award grants that use less than 75 percent of the total award for scholarships based upon the unique nature of the project, such as the establishment of a new training program or long-term training in an emerging field that does not award degrees or certificates. (c) For multi-year projects in existence on October 1, 1994, the requirements of paragraph (a) of this section do not apply for the remainder of the project period. (Authority: 29 U.S.C. 711(c) and 771a) In addition to those allowable costs established in the Education Department General Administrative Regulations in 34 CFR 75.530 through 75.562, the following items are allowable under long-term training projects: (a) Student stipends. (b) Tuition and fees. (c) Student travel in conjunction with training assignments. (Authority: 29 U.S.C. 711(c) and 771a) (a) Before disbursement of scholarship assistance to an individual, a grantee— (1)(i) Shall obtain documentation that the individual is— (A) A U.S. citizen or national; or (B) A permanent resident of the Republic of the Marshall Islands, Federated States of Micronesia, Republic of Palau, or the Commonwealth of the Northern Mariana Islands; or (ii) Shall confirm from documentation issued to the individual by the U.S. Immigration and Naturalization Service that he or she— (A) Is a lawful permanent resident of the United States; or (B) Is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; and (2) Shall confirm that the applicant has expressed interest in a career in clinical practice, administration, supervision, teaching, or research in the vocational rehabilitation, supported employment, or independent living rehabilitation of individuals with disabilities, especially individuals with severe disabilities; (3) Shall have documentation that the individual expects to maintain or seek employment in a designated State rehabilitation agency or in a nonprofit rehabilitation, professional corporation, professional practice group, or related agency providing services to individuals with disabilities or individuals with severe disabilities under an agreement with a designated State agency; (4) Shall reduce the scholarship by the amount in which the combined awards would be in excess of the cost of attendance, if a scholarship, when added to the amount the scholar is to receive for the same academic year under title IV of the Higher Education Act, would otherwise exceed the scholar's cost of attendance; (5) Shall limit scholarship assistance to the individual's cost of attendance at the institution for no more than four academic years except that the grantee may provide an extension consistent with the institution's accommodations under section 504 of the Act if the grantee determines that an individual has a disability that seriously affects the completion of the course of study; and (6) Shall obtain a Certification of Eligibility for Federal Assistance from each scholar as prescribed in 34 CFR 75.60, 75.61, and 75.62. (Authority: 29 U.S.C. 711(c) and 771a(b)) A grantee under this part that intends to grant scholarships for any academic year beginning after June 1, 1992, shall provide the following assurances before an award is made: (a) Requirement for agreement. No individual will be provided a scholarship without entering into a written agreement containing the terms and conditions required by this section. An individual will sign and date the agreement prior to the initial disbursement of scholarship funds to the individual for payment of the individual's expenses, such as tuition. (b) Disclosure to applicants. The terms and conditions of the agreement that the grantee enters into with a scholar will be fully disclosed in the application for scholarship. (c) Form and terms of agreement. Each scholarship agreement with a grantee will be in the form and contain the terms that the Secretary requires, including at a minimum the following provisions: (1) The scholar will— (i) Maintain employment— (A) In a nonprofit rehabilitation agency or related agency or in a State rehabilitation agency or related agency, including a professional corporation or professional practice group through which the individual has a service arrangement with the designated State agency; (B) On a full- or part-time basis; and (C) For a period of not less than the full-time equivalent of two years for each year for which assistance under this section was received, within a period, beginning after the recipient completes the training for which the scholarship was awarded, of not more than the sum of the number of years required in this paragraph and two additional years; and (ii) Repay all or part of any scholarship received, plus interest, if the individual does not fulfill the requirements of paragraph (c)(1(i) of this section, except as the Secretary by regulations may provide for repayment exceptions and deferrals. (2) The employment obligation in paragraph (c)(1) of this section as applied to a part-time scholar will be based on the accumulated academic years of training for which the scholarship is received. (3) Until the scholar has satisfied the employment obligation described in paragraph (c)(1) of this section, the scholar will inform the grantee of any change of name, address, or employment status and will document employment satisfying the terms of the agreement. (4) Subject to the provisions in §386.41 regarding a deferral or exception, when the scholar enters repayment status under §386.43(e), the amount of the scholarship that has not been retired through eligible employment will constitute a debt owed to the United States that— (i) Will be repaid by the scholar, including interest and costs of collection as provided in §386.43; 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 §386.43. (d) Executed agreement. The grantee will provide an original executed agreement upon request to the Secretary. (e) Standards for satisfactory progress. The grantee will establish, publish, and apply reasonable standards for measuring whether a scholar is maintaining satisfactory progress in the scholar's course of study. The Secretary considers an institution's standards to be reasonable if the standards— (1) Conform with the standards of satisfactory progress of the nationally recognized accrediting agency that accredits the institution's program of study, if the institution's program of study is accredited by such an agency, and if the agency has those standards; (2) For a scholar enrolled in an eligible program who is to receive assistance under the Rehabilitation Act, are the same as or stricter than the institution's standards for a student enrolled in the same academic program who is not receiving assistance under the Rehabilitation Act; and (3) Include the following elements: (i) Grades, work projects completed, or comparable factors that are measurable against a norm. (ii) A maximum timeframe in which the scholar shall complete the scholar's educational objective, degree, or certificate. (iii) Consistent application of standards to all scholars within categories of students; e.g., full-time, part-time, undergraduates, graduate students, and students attending programs established by the institution. (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 scholar is not making satisfactory progress and for reinstatement of aid. (f) Exit certification. The grantee has established policies and procedures for receiving written certification from scholars at the time of exit from the program acknowledging the following: (1) The name of the institution and the number of the Federal grant that provided the scholarship. (2) The scholar's field of study. (3) The number of years the scholar needs to work to satisfy the work requirements in §386.34(c)(1)(i)(C). (4) The total amount of scholarship assistance received subject to the work-or-repay provision in §386.34(c)(1)(ii). (5) The time period during which the scholar must satisfy the work requirements in §386.34(c)(1)(i)(C). (6) All other obligations of the scholar in §386.34. (g) Tracking system. The grantee has established policies and procedures to determine compliance of the scholar with the terms of the agreement. In order to determine whether a scholar has met the work-or-repay provision in §386.34(c)(1)(i), the tracking system must include for each employment position maintained by the scholar— (1) Documentation of the employer's name, address, dates of the scholar's employment, and the position the scholar maintained; (2) Documentation of how the employment meets the requirements in §386.34(c)(1)(i); and (3) Documentation that the grantee, if experiencing difficulty in locating a scholar, has checked with existing tracking systems operated by alumni organizations. (h) Reports. The grantee shall make reports to the Secretary that are necessary to carry out the Secretary's functions under this part. (i) Records. The grantee shall maintain the information obtained in paragraphs (g) and (h) of this section for a period of time equal to the time required to fulfill the obligation under §386.34(c)(1)(i)(C). (Authority: 29 U.S.C. 711(c) and 771a(b)) A grantee that is an institution of higher education provided assistance under this part shall cooperate with the following requests for information from a designated State agency: (a) Information required by section 101(a)(7) of the Act which may include, but is not limited to— (1) The number of students enrolled by the grantee in rehabilitation training programs; and (2) The number of rehabilitation professionals trained by the grantee who graduated with certification or licensure, or with credentials to qualify for certification or licensure, during the past year. (b) Information on the availability of rehabilitation courses leading to certification or licensure, or the credentials to qualify for certification or licensure, to assist State agencies in the planning of a program of staff development for all classes of positions that are involved in the administration and operation of the State agency's vocational rehabilitation program. (Authority: 29 U.S.C. 711(c) and 771a)
Title 34: Education
PART 386—REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
Subpart D—What Conditions Must Be Met After an Award?
§ 386.30 What are the matching requirements?
§ 386.31 What are the requirements for directing grant funds?
§ 386.32 What are allowable costs?
§ 386.33 What are the requirements for grantees in disbursing scholarships?
§ 386.34 What assurances must be provided by a grantee that intends to provide scholarships?
§ 386.35 What information must be provided by a grantee that is an institution of higher education to assist designated State agencies?
