View all text of Subchapter II [§ 4351 - § 4363]
§ 4359a. International students
(a) Enrollment
(1) In general
(2) Distance learningInternational students who participate in distance learning courses that are at the University or the NTID, who are residing outside of the United States, and are not enrolled in a degree program at the University or the NTID shall—
(A) not be counted as international students for purposes of the cap on international students under paragraph (1), except that in any school year no United States citizen who applies to participate in distance learning courses that are at the University or NTID shall be denied participation in such courses because of the participation of an international student in such courses; and
(B) not be charged a tuition surcharge, as described in subsection (b).
(b) Tuition surchargeExcept as provided in subsections (a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and graduate students) or NTID shall include, for academic year 2009–2010 and any succeeding academic year, a surcharge of—
(1) 100 percent for a postsecondary international student from a non-developing country; and
(2) 50 percent for a postsecondary international student from a developing country, or a country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree program at the University or NTID, except that such a surcharge shall not be adjusted retroactively.
(c) Reduction of surcharge
(1) In generalBeginning with the academic year 2009–2010, the University or NTID may reduce the surcharge—
(A) under subsection (b)(1) from 100 percent to not less than 50 percent if—
(i) a student described under subsection (b)(1) demonstrates need; and
(ii) such student has made a good-faith effort to secure aid through such student’s government or other sources; and
(B) under subsection (b)(2) from 50 percent to not less than 25 percent if—
(i) a student described under subsection (b)(2) demonstrates need; and
(ii) such student has made a good faith effort to secure aid through such student’s government or other sources.
(2) Development of sliding scaleThe University and NTID shall develop a sliding scale model that—
(A) will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and
(B) shall be approved by the Secretary.
(d) Definition
(Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163; amended Pub. L. 103–73, title II, § 204(h), Aug. 11, 1993, 107 Stat. 735; renumbered § 209 and amended Pub. L. 105–244, title IX, § 922, Oct. 7, 1998, 112 Stat. 1832; Pub. L. 110–315, title IX, § 911, Aug. 14, 2008, 122 Stat. 3454.)