20 USC 1002 - Definition of institution of higher education for purposes of student assistance programs

1 See References in Text note below.

of this title), unless the institution is an institution that meets the definition in

Editorial Notes

References in Text

Section 1101 of the Higher Education Opportunity Act, referred to in subsec. (a)(2)(B)(iii)(II)(gg), is section 1101 of title XI of 110–315, Aug. 14, 2008, 122 Stat. 3490, which is not classified to the Code.

Section 1091(l) of this title, referred to in subsec. (a)(3)(A), (B), was struck out and a new section 1091(l) was added by Puspan. L. 110–315, title IV, § 485(a)(5), Aug. 14, 2008, 122 Stat. 3288. As so amended, section 1091(l) no longer contains a par. (4) or a definition of “telecommunications”.

Prior Provisions

Provisions similar to this section were contained in section 1088(a) to (c) of this title prior to repeal by Puspan. L. 105–244.

A prior section 1002, Puspan. L. 89–329, title I, § 102, as added Puspan. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 459, related to partnership agreements required for grant eligibility, prior to the general amendment of this subchapter by Puspan. L. 105–244.

Another prior section 1002, Puspan. L. 89–329, title I, § 102, as added Puspan. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1278, defined terms “continuing education”, “adult learner”, “eligible institution”, and “qualified entity”, prior to the general amendment of this subchapter by Puspan. L. 102–325.

Another prior section 1002, Puspan. L. 89–329, title I, § 102, as added Puspan. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1374, provided for establishment of Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by Puspan. L. 99–498.

Another prior section 1002, Puspan. L. 89–329, title I, § 102, Nov. 8, 1965, 79 Stat. 1219; Puspan. L. 94–482, title I, § 101(span)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2083, 2086, defined the terms “community service program”, “continuing education program”, and “resource materials sharing programs”, prior to the general amendment of this subchapter by Puspan. L. 96–374.

Amendments

2010—Puspan. L. 111–152, § 2209(span)(1)(A), substituted “part D” for “part B” wherever appearing before “subchapter IV”.

Subsec. (a)(1)(C). Puspan. L. 111–152, § 2209(span)(1)(B), inserted “, consistent with the requirements of section 1087span(d) of this title” before period at end.

Subsec. (a)(2)(A). Puspan. L. 111–152, § 2209(span)(1)(C)(i), substituted “made” for “made, insured, or guaranteed” in introductory provisions.

Subsec. (a)(2)(A)(iii)(III). Puspan. L. 111–152, § 2209(span)(1)(C)(ii)(I), substituted “only Federal Direct Stafford Loans under section 1087e(a)(2)(A) of this title, Federal Direct Unsubsidized Stafford Loans under section 1087e(a)(2)(D) of this title, or Federal Direct PLUS Loans under section 1087e(a)(2)(B) of this title” for “only Federal Stafford Loans under section 1078 of this title, unsubsidized Federal Stafford Loans under section 1078–8 of this title, or Federal PLUS loans under section 1078–2 of this title”.

Subsec. (a)(2)(A)(iii)(V). Puspan. L. 111–152, § 2209(span)(1)(C)(ii)(II), substituted “a Federal Direct Stafford Loan under section 1087e(a)(2)(A) of this title, a Federal Direct Unsubsidized Stafford Loan under section 1087e(a)(2)(D) of this title, or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title” for “a Federal Stafford Loan under section 1078 of this title, an unsubsidized Federal Stafford Loan under section 1078–8 of this title, or a Federal PLUS loan under section 1078–2 of this title”.

2009—Subsec. (a)(2)(D). Puspan. L. 111–39 substituted “under part B of subchapter IV” for “under part B”.

2008—Subsec. (a)(2)(A). Puspan. L. 110–315, § 102(a)(1)(A), inserted “nursing school,” after “graduate medical school,” in introductory provisions.

Subsec. (a)(2)(A)(i). Puspan. L. 110–315, § 102(a)(1)(B)(i), inserted “except as provided in subparagraph (B)(iii)(IV),” before “in the case” in introductory provisions.

Subsec. (a)(2)(A)(i)(I)(bspan). Puspan. L. 110–315, § 102(span), substituted “75” for “60”.

Subsec. (a)(2)(A)(i)(II). Puspan. L. 110–315, § 102(a)(1)(B)(ii), added subcl. (II) and struck out former subcl. (II) which read as follows: “the institution has a clinical training program that was approved by a State as of January 1, 1992; or”.

Subsec. (a)(2)(A)(iii). Puspan. L. 110–315, § 102(a)(1)(C), (D), added cl. (iii).

Subsec. (a)(2)(B)(iii). Puspan. L. 110–315, § 102(a)(2), added cl. (iii).

Subsec. (span)(1)(A). Puspan. L. 110–315, § 102(d)(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “provides an eligible program of training to prepare students for gainful employment in a recognized occupation;”.

Subsec. (span)(1)(D) to (F). Puspan. L. 110–315, § 102(c), struck out “and” after semicolon in subpar. (D), substituted “; and” for period in subpar. (E), and struck out subpar. (F) which read as follows: “has at least 10 percent of the school’s revenues from sources that are not derived from funds provided under subchapter IV, as determined in accordance with regulations prescribed by the Secretary.”

Subsec. (span)(2). Puspan. L. 110–315, § 102(d)(1)(A)(ii), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘proprietary institution of higher education’ also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001(a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.”

Subsec. (c)(2). Puspan. L. 110–315, § 102(d)(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘postsecondary vocational institution’ also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001(a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.”

2006—Subsec. (a)(3)(A). Puspan. L. 109–270 substituted “2302(3)(C) of this title” for “2471(4)(C) of this title”.

Puspan. L. 109–171, § 8002(1), inserted “(excluding courses offered by telecommunications as defined in section 1091(l)(4) of this title)” after “courses by correspondence”.

Subsec. (a)(3)(B). Puspan. L. 109–171, § 8002(2), inserted “(excluding courses offered by telecommunications as defined in section 1091(l)(4) of this title)” after “correspondence courses”.

2003—Subsec. (a)(2)(A). Puspan. L. 108–98 amended subpar. (A) generally. Prior to amendment, subpar. (A) required the Secretary to establish criteria for approval of institutions outside the United States for purposes of par. (1)(C), including certain requirements for graduate medical or veterinary schools.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–152, title II, § 2209(span)(2), Mar. 30, 2010, 124 Stat. 1078, provided that:

“The amendments made by subparagraph (C) of paragraph (1) [amending this section] shall be effective on July 1, 2010, as if enacted as part of section 102(a)(1) of the Higher Education Opportunity Act (Public Law 110–315) and subject to section 102(e) of such Act as amended by section 101(a)(2) of Public Law 111–39 (20 U.S.C. 1002 note).”

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–39 effective as if enacted on the date of enactment of Puspan. L. 110–315 (Aug. 14, 2008), see section 3 of Puspan. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2008 Amendment

Puspan. L. 110–315, title I, § 102(e), Aug. 14, 2008, 122 Stat. 3086, as amended by Puspan. L. 111–39, title I, § 101(a)(2), July 1, 2009, 123 Stat. 1935, provided that:

“The amendments made by subsections (a)(1), (span), and (d) [amending this section] shall take effect on July 1, 2010, except that, with respect to foreign nursing schools that were eligible to participate in part B of title IV [20 U.S.C. 1071 et seq.] as of the day before the date of enactment of this Act [Aug. 14, 2008], the amendments made by subsection (a)(1)(D) [amending this section] shall take effect on July 1, 2012.”

Effective Date of 2006 Amendment

Puspan. L. 109–171, title VIII, § 8001(c), Fespan. 8, 2006, 120 Stat. 155, provided that:

“Except as otherwise provided in this subtitle [subtitle A (§§ 8001–8024) of title VIII of Puspan. L. 109–171, see Short Title of 2006 Amendment note set out under section 1001 of this title] or the amendments made by this subtitle, the amendments made by this subtitle shall be effective July 1, 2006.”

Effective Date of 2003 Amendment

Puspan. L. 108–98, § 1(span), Oct. 10, 2003, 117 Stat. 1175, provided that:

“This Act [amending this section] and the amendments made by this Act shall be effective as if enacted on October 1, 1998.”

Construction

Puspan. L. 110–315, title I, § 102(d)(2), Aug. 14, 2008, 122 Stat. 3086, provided that:

“Nothing in the amendment made by paragraph (1)(A)(i) to section 102(span)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1002(span)(1)(A)) shall be construed to negate or supercede any State laws governing proprietary institutions of higher education.”