Rule2025-01317
Indian Education Discretionary Grant Programs; Professional Development Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2025
Effective
February 18, 2025
Issuing agencies
Education Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01317]
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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.
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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: <a href="/cdn-cgi/l/email-protection#cda1a4a3a9ace3afbfaca6a88da8a9e3aaa2bb"><span class="__cf_email__" data-cfemail="a0ccc9cec4c18ec2d2c1cbc5e0c5c48ec7cfd6">[email protected]</span></a>.
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 <a href="https://www.regulations.gov/document/ED-2024-OESE-0008-0001">https://www.regulations.gov/document/ED-2024-OESE-0008-0001</a>.
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:
<bullet> 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.
<bullet> 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.
<bullet> 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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. 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
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