What Conditions Must Be Met by a Scholar?

34 C.F.R. Part ..., Subpart E
in effectEffective: 2024-07-01

34 C.F.R. § 386.40 What are the requirements for scholars?

(a) A scholar must— (1) Be enrolled in a course of study leading to a certificate or degree in one of the fields designated in § 386.1(b); (2) Receive the training at the educational institution or agency designated in the scholarship; (3) Not accept payment of educational allowances from any other entity if that allowance conflicts with the scholar's obligation under section 302 of the Act and this part; (4) Not receive concurrent scholarships for the same academic term from more than one project under this program; (5) Enter into a signed written agreement with the grantee, prior to the receipt of scholarship funds, as required in § 386.34(c); (6) Maintain satisfactory progress toward the certificate or degree as determined by the grantee; (7) Upon exiting the training program under paragraph (a)(1) of this section, subsequently maintain employment on a full- or part-time basis subject to the provisions in paragraph (b) of this section— (i)(A) In a State vocational rehabilitation agency or related agency as defined in § 386.4; and (B)(1) In the field of study for which training was received, or (2) Where the field of study is directly relevant to the job functions performed; and (ii) For a period of at least the full-time equivalent of two years for every academic year for which assistance under this section was received subject to the provisions in paragraph (c) of this section for part-time coursework; (8) Complete the service obligation within a period, beginning after the recipient exits the training program for which the scholarship was awarded, of not more than the sum of the number of years in the period described in paragraph (a)(7)(ii) of this section and two additional years; (9) Repay all or part of any scholarship received, plus interest, if the individual does not fulfill the requirements of this section, except as provided for in § 386.41 for exceptions and deferrals; and (10) Provide the grantee all requested information necessary for the grantee to meet the exit certification requirements in § 386.34(f) and, as necessary, thereafter for any changes necessary for the grantee to monitor the scholar's service obligation under this section. (b)(1) The period of qualifying employment that meets the requirements of paragraph (a)(7) of this section may begin— (i) For courses of study of at least one year, only subsequent to the completion of one academic year of the training for which the scholarship assistance was received. (ii) For courses of study of less than one year, only upon completion of the training for which the scholarship assistance was received. (2) The work completed as part of an internship, practicum, or any other work-related requirement necessary to complete the educational program is not considered qualifying employment. (c) If the scholar is pursuing coursework on a part-time basis, the service obligation for these part-time courses is based on the equivalent total of actual academic years of training received. (d) If a scholar fails to provide the information in paragraph (a)(10) of this section or otherwise maintain contact with the grantee pursuant to the terms of the signed payback agreement and enters into repayment status pursuant to § 386.43, the scholar will be held responsible for any costs assessed in the collection process under that section even if that information is subsequently provided.

34 C.F.R. § 386.41 Under what circumstances does the Secretary grant a deferral or exception to performance or repayment under a scholarship agreement?

Based upon sufficient evidence to substantiate the grounds as detailed in § 386.42, a repayment exception to or deferral of the requirements of § 386.40(a)(7) may be granted, in whole or in part, by the Secretary as follows: (a) Repayment is not required if the scholar— (1) Is unable to continue the course of study or perform the work obligation because of a permanent disability that meets one of the following conditions: (i) The disability had not been diagnosed at the time the scholar signed the agreement in § 386.34(c); or (ii) The disability did not prevent the scholar from performing the requirements of the course of study or the work obligation at the time the scholar signed the agreement in § 386.34(c) but subsequently worsened; or (2) Has died. (b) Repayment of a scholarship may be deferred during the time the scholar is— (1) Engaging in a full-time course of study in the field of rehabilitation at an institution of higher education; (2) Serving on active duty as a member of the armed services of the United States for a period not in excess of four years; (3) Serving as a volunteer under the Peace Corps Act; (4) Serving as a full-time volunteer under title I of the Domestic Volunteer Service Act of 1973; (5) Experiencing a temporary disability that affects the scholar's ability to continue the course of study or perform the work obligation, for a period not to exceed three years; or (c) Under limited circumstances as determined by the Secretary and based upon credible evidence submitted on behalf of the scholar, the Secretary may grant an exception to, or deferral of, the requirement to repay a scholarship in instances not specified in this section. These instances could include, but are not limited to, the care of a disabled spouse, partner, or child or the need to accompany a spouse or partner on active duty in the Armed Forces.

34 C.F.R. § 386.42 What must a scholar do to obtain an exception or a deferral to performance or repayment under a scholarship agreement?

To obtain an exception or a deferral to performance or repayment under a scholarship agreement under § 386.41, a scholar must provide the following: (a) Written application. A written application must be made to the Secretary to request a deferral or an exception to performance or repayment of a scholarship. (b) Documentation. Sufficient documentation must be provided to substantiate the grounds for all deferrals or exceptions, including the following, as appropriate. (1) Documentation necessary to substantiate an exception under § 386.41(a)(1) or a deferral under § 386.41(b)(5) must include a letter from a qualified physician or other medical professional, on official stationery, attesting how the disability affects the scholar in completing the course of study or performing the work obligation. The documentation must be less than three months old and include the scholar's diagnosis and prognosis and ability to complete the course of study or work with accommodations. (2) Documentation to substantiate an exception under § 386.41(a)(2) must include a death certificate or other evidence conclusive under State law. (3) Documentation necessary to substantiate a deferral or exception under 386.41(c) based upon the disability of a spouse, partner, or child must meet the criteria, as relevant, in paragraph (b)(1) of this section.

34 C.F.R. § 386.43 What are the consequences of a scholar's failure to meet the terms and conditions of a scholarship agreement?

In the event of a failure to meet the terms and conditions of a scholarship agreement or to obtain a deferral or an exception as provided in § 386.41, the scholar must repay all or part of the scholarship as follows: (a) Amount. The amount of the scholarship to be repaid is proportional to the employment obligation not completed. (b) Interest rate. The Secretary charges the scholar interest on the unpaid balance owed in accordance with 31 U.S.C. 3717. (c) Interest accrual. (1) Interest on the unpaid balance accrues from the date the scholar is determined to have entered repayment status under paragraph (e) of this section. (2) Any accrued interest is capitalized at the time the scholar's repayment schedule is established. (3) No interest is charged for the period of time during which repayment has been deferred under § 386.41. (d) Collection costs. Under the authority of 31 U.S.C. 3717, the Secretary may impose reasonable collection costs. (e) Repayment status. A scholar enters repayment status on the first day of the first calendar month after the earliest of the following dates, as applicable: (1) The date the scholar informs the Secretary he or she does not plan to fulfill the employment obligation under the agreement. (2) Any date when the scholar's failure to begin or maintain employment makes it impossible for that individual to complete the employment obligation within the number of years required in § 386.40(a)(8). (f) Amounts and frequency of payment. The scholar shall make payments to the Secretary that cover principal, interest, and collection costs according to a schedule established by the Secretary.

Starting a business? Corpus forms LLCs in all 50 states and DC.