Off. of Spec. Educ. and Rehab. Services, Education Pt. 356 § 350.62 What are the matching re- quirements? (a)(1) The Secretary may make grants to pay for part of the costs of re- search and demonstration projects that bear directly on the development of procedures, methods, and devices to as- sist the provision of vocational and other rehabilitation services, and re- search training and career development projects. (2) Each grantee must participate in the costs of those projects. (3) The specific amount of cost shar- ing to be borne by each grantee— (i) Is negotiated at the time of the award; and (ii) Is not considered in the selection process. (b)(1) The Secretary may make grants to pay for part or all of the costs of— (i) Establishment and support of Re- habilitation Research and Training Centers and Rehabilitation Engineer- ing Research Centers; and (ii) Specialized research or dem- onstration activities described in sec- tion 204(b)(2)–(16) of the Act. (2) The Secretary determines at the time of the award whether the grantee must pay a portion of the project or center costs. (Authority: Sec. 204; 29 U.S.C. 762) § 350.63 What are the requirements of a grantee relative to the Client As- sistance Program? All Projects and Centers that provide services to individuals with disabilities with funds awarded under this Program must— (a) Advise those individuals who are applicants for or recipients of services under the Act, or their parents, family members, guardians, advocates, or au- thorized representatives, of the avail- ability and purposes of the Client As- sistance Program (CAP) funded under the Act; and (b) Provide information on the means of seeking assistance under the CAP. (Authority: Sec. 20; 29 U.S.C. 718a) § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research Training Project? A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals that is at least one academic year, unless a longer training period is necessary to ensure that each trainee is qualified to conduct independent research upon completion of the course of training. (Authority: Secs. 202–204; 29 U.S.C. 760–762) § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research Training Project? Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project shall devote at least eighty percent of their time to the activities of the training program during the training period. (Authority: Secs. 202–204; 29 U.S.C. 760–762) § 350.66 What must a grantee include in a patent application? Any patent application filed by a grantee for an invention made under a grant must include the following state- ment in the first paragraph: The invention described in this application was made under a grant from the Depart- ment of Education. (Authority: 20 U.S.C. 1221e–3) PART 356—DISABILITY AND REHA- BILITATION RESEARCH: RESEARCH FELLOWSHIPS Subpart A—General Sec. 356.1 What is the Research Fellowships Pro- gram? 356.2 Who is eligible for assistance under this program? 356.3 What regulations apply to this pro- gram? 356.4 What definitions apply to this pro- gram? Subpart B—What Kinds of Activities Does the Department Support Under This Program? 356.10 What types of activities are author- ized? 255 § 356.1 356.11 What types of problems may be re- searched under the fellowship program? Subpart C—How Does One Apply for Assistance Under This Program? 356.20 What are the application procedures under this part? 356.21 What is the fellowship review proc- ess? Subpart D—How Does the Secretary Select a Fellow? 356.30 What selection criteria are used for this program? 356.31 How does the Secretary evaluate an application under this part? 356.32 What are the special considerations in selecting applications for funding under this part? Subpart E—What Conditions Have To Be Met by a Fellow? 356.40 What is the length of a Fellowship award? 356.41 What are the employment limitations during a fellowship period? 356.42 What acknowledgement of support is required? Subpart F—What are the Administrative Responsibilities of a Fellow? 356.50 What kinds of payments are allowed under this program? 356.51 What reports are required? 356.52 Are there other requirements? AUTHORITY: 29 U.S.C. 760–762, unless other- wise noted. SOURCE: 46 FR 45312, Sept. 10, 1981, unless otherwise noted. Subpart A—General § 356.1 What is the Research Fellow- ships Program? The purpose of this program is to build research capacity by providing support to highly qualified individuals, including those who are individuals with disabilities, to perform research on the rehabilitation of individuals with disabilities. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984, as amended at 58 FR 49419, Sept. 22, 1993] 34 CFR Ch. III (7–1–02 Edition) § 356.2 Who is eligible for assistance under this program? (a) Only individuals are eligible to be recipients of Fellowships. (b) Any individual is eligible for as- sistance under this program who has training and experience that indicate a potential for engaging in scientific re- search related to the solution of reha- bilitation problems of individuals with disabilities. (c) This program provides two cat- egories of Fellowships: Merit Fellow- ships and Distinguished Fellowships. (1) To be eligible for a Distinguished Fellowship, an individual must have seven or more years of research experi- ence in subject areas, methods, or tech- niques relevant to rehabilitation re- search and must have a doctorate, other terminal degree, or comparable academic qualifications. (2) The Secretary awards Merit Fel- lowships to individuals in earlier stages of their careers in research. To be eligible for a Merit Fellowship, an individual must have either advanced professional training or experience in independent study in an area which is directly pertinent to disability and re- habilitation. (d) An applicant for a fellowship under this program must be eligible under 34 CFR 75.60. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984, as amended at 57 FR 30343, July 8, 1992; 58 FR 49419, Sept. 22, 1993] § 356.3 What regulations apply to this program? The following regulations apply to this program: (a) The peer review requirements contained in 34 CFR 350.31–350.32. (b) The regulations in this part—34 CFR part 356; (c)(1) Subject to the additional re- quirement in paragraph (c)(2) of this section, 34 CFR part 97, Protection of Human Subjects. (2) When an IRB reviews research that purposefully requires inclusion of children with disabilities or individuals with mental disabilities as research subjects, the IRB must include at least one person primarily concerned with the welfare of these research subjects. 256 Off. of Spec. Educ. and Rehab. Services, Education § 356.30 (d) The regulations in 34 CFR 75.60– 75.61 (regarding the ineligibility of cer- tain individuals to receive assistance). (Authority: 29 U.S.C. 761a(d), 42 U.S.C. 300v– 1(b)) [46 FR 45312, Sept. 10, 1981, as amended at 56 FR 28031, June 18, 1991; 57 FR 30343, July 8, 1992; 58 FR 49419, Sept. 22, 1993; 60 FR 17431, Apr. 5, 1995] § 356.4 What definitions apply to this program? The definitions listed in 34 CFR 350.4 apply to this program. (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1))) Subpart B—What Kinds of Activi- ties Does the Department Support Under This Program? § 356.10 What types of activities are authorized? (a) Fellows may conduct original re- search in any area authorized by sec- tion 204 of the Act. (b) Each year the Secretary may de- termine that research is needed in cer- tain areas authorized under section 204 of the Act and may set aside funds to provide fellowship assistance for re- search in these specific areas. The Sec- retary publishes the selected priorities, if any, in a notice in the FEDERAL REG- ISTER. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] § 356.11 What types of problems may be researched under the fellowship program? Problems encountered by individuals with disabilities in their daily lives that are due to the presence of a dis- abling condition, problems associated with the provision of rehabilitation services to individuals with disabil- ities, and problems connected with the conduct of disability research may be addressed under this program. (Authority: Secs. 202(d), 202(g)(1), 204; 29 U.S.C. 761a(d), 761a(g)(1), 762) [58 FR 49419, Sept. 22, 1993] Subpart C—How Does One Apply for Assistance Under This Pro- gram? § 356.20 What are the application pro- cedures under this part? From time to time the Secretary will publish in the FEDERAL REGISTER an Application Notice that announces the availability of fellowship assistance under this part. (Authority: Sec. 202(d); (29 U.S.C. 761a(d))) § 356.21 What is the fellowship review process? The Secretary reviews applications for Fellowships in accordance with the peer review requirements governing grants in 34 CFR 350.31 and 350.32 and the selection criteria contained in § 356.30. (Approved by the Office of Management and Budget under control number 1800–0027) (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] Subpart D—How Does the Secretary Select a Fellow? § 356.30 What selection criteria are used for this program? The Secretary evaluates an applica- tion for a Fellowship on the basis of— (a) Quality and level of formal edu- cation, previous work experience, and recommendations of present or former supervisors or colleagues that include an indication of the applicant’s ability to work creatively in scientific re- search; and (b) The quality of a research proposal of no more than 12 pages containing the following information: (1) The importance of the problem to be investigated to the purpose of the Act and the mission of the Institute. (2) The research hypotheses or re- lated objectives and the methodology and design to be followed. (3) Assurance of the availability of any necessary data resources, equip- ment, or institutional support, includ- ing technical consultation and support 257 § 356.31 where appropriate, required to carry out the proposed activity. (Approved by the Office of Management and Budget under control number 1800–0027) (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984, as amended at 52 FR 30065, Aug. 12, 1987] § 356.31 How does the Secretary evalu- ate an application under this part? The Secretary awards the following points for each application based on how well the applicant addresses the two criteria in § 356.30: Outstanding (5); Superior (4); Satisfactory (3); Marginal (2); Poor (1). (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] § 356.32 What are the special consider- ations in selecting applications for funding under this part? (a) The Secretary reserves funds to support some or all of the applications which have been awarded a rating of superior or better (4–5 points) under § 356.31. (b) In making a final selection of ap- plicants to support under this program, the Secretary considers the extent to which applicants rated outstanding or superior present a unique opportunity to effect a major advance in knowl- edge, address critical problems in inno- vative ways, present proposals which are consistent with the Institute’s Long-Range Plan, build research capac- ity within the field, or complement and significantly increases the potential value of already planned research and related activities. (Approved by the Office of Management and Budget under control number 1800–0027) (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984, as amended at 52 FR 30065, Aug. 12, 1987] Subpart E—What Conditions Have To Be Met by a Fellow? § 356.40 What is the length of a Fellow- ship award? The Secretary awards Fellowships for a period of 12 months. Under excep- tional circumstances, the Secretary may extend the period of a Fellowship; 34 CFR Ch. III (7–1–02 Edition) such an extension may not exceed 12 months. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] § 356.41 What are the employment lim- itations during a fellowship period? The Secretary may require a re- search fellow to work full time on au- thorized fellowship activities. (Authority: Sec. 202(d); (29 U.S.C. 761a(d))) § 356.42 What acknowledgement of support is required? Publication, distribution, and dis- position of all manuscripts and other materials resulting from a fellowship awarded under this part must acknowl- edge that assistance was received from the Department and the Institute. Three copies of these publications or other materials must be furnished to the Secretary. (Authority: Sec. 202(d); (29 U.S.C. 761a(d))) Subpart F—What are the Adminis- trative Responsibilities of a Fellow? § 356.50 What kinds of payments are allowed under this program? A Fellowship award in either the Dis- tinguished or Merit category includes a fixed stipend and a flat rate allowance for research and research-related ex- penses including travel expenses. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] § 356.51 What reports are required? Fellows shall submit final reports. Each report must contain at a min- imum an analysis of the significance of the project and an assessment of the degree to which the objectives of the project have been achieved. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] § 356.52 Are there other requirements? The Secretary may require fellows to attend one or more meetings in connec- tion with Fellowship activities. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June 18, 1984] 258