The Catholic University of America

Summary of Federal Laws

Financial Aid Programs

Compliance Partners

Idea Grant Partner

IDEA Grants

(Personnel Preparation To Improve Services and Results for Children with Disabilities)

20 U.S.C. § 1462, 34 C.F.R. § 304.1 et seq.

Service Obligations Under Special Education, Personnel Development to Improve Services and Results for Children with Disabilities; 71 Fed. Reg. 32396 (June 5, 2006)

Grants are distributed under the IDEA (Individuals with Disabilities Education Act, 20 U.S.C § 1400 et seq.) to institutions of higher education so that they may be used for training of personnel to meet the need for qualified personnel in special education, related services, early intervention, and regular education where the primary purpose of being in the classroom is to provide services to children with disabilities. Grants may be made under this section only to institutions of higher education that meet State and professionally recognized standards for the preparation of special education and related services personnel, if the purpose of the project is to assist personnel in obtaining degrees.

An Institution of Higher Education that receives grants under this section must ensure that any scholar who receives a scholarship under the proposed signs and dates a a *repayment* agreement as required in the regulations prior to the initial disbursement of the scholarship funds, including the payment or crediting of tuition.

Specific conditions that must be met by the IHE/grantee are set forth under 34 C.F.R. § 304.23 and 304.22. In addition to entering into the written agreement noted above, the IHE must also

  • Ensure that the scholar meets the US citizenship or permanent resident or other lawful resident requirements (as stated in 34 CFR § 304.22.)
     
  • Establish, notify students of, and apply reasonable standards for measuring whether a scholar is maintaining satisfactory progress in the scholar's course of study. 
  • Establish policies and procedures for receiving written certification from scholars at the time of exit from the program that identifies the number of years the scholar needs to work to satisfy the work requirements, the total amount of scholarship assistance subject to the repay provisions, and the time period during which the work repayment must be fulfilled. The grantee/scholar must provide written certification that the information is correct.
     
  • Enter the required data above, along with the scholar's name, address, email address, social security number and written certification along with any other necessary information into the NCSO tracking system and 
     
  • If the IHE is aware that the scholar has chosen not to fulfill or will be unable to fulfill their service obligations, this information must be entered into the system. 

The Department of Education is responsible for tracking scholars who exit programs supported by grants starting with FY 2005. Once the scholar has exited the program he/she is given access to the database for input of employment obligation. For each year of assistance received, the person who received the scholaship must work the full time equivalent of two years related services, which means, for direct service, at least 51 percent of the infants, toddlers or children to whom the individual provides services are receiving special education, realted services or early intervention services; or the individual spends at least 51% of his/her time providing special education or early intervention related services. See 304.3 for definitions. There is a different requirement for indirect services, which is 51 percent  of the time performing work related to the training for which a scholarship was received.

 

Resources

IDEA Service Agreement (updated 12-14-11)

Key Resources by U.S. Office of Special Education Programs 

National Center on Service Obligations (ncludes Service Obligation Requirements, Frequently Asked Questions, Service Obligation Tracking System and a Help Desk)

IDEA Exit Agreement

Certification of Eligiblity for Federal Assistance in Certain Programs (Form ED 80-106)

Requirements for Scholar Regulations

Additional Scholar  Regulations (34 CFR 304.31)

 

updated  8-5-14 to add new govt. issued Exit agreement

CCR updated CFR links 6/18/15