{"identifier":"/us/usc/t20/s1002","title":20,"num":"\u00a7\u202f1002.","heading":"Definition of institution of higher education for purposes of student assistance programs","text":"\u00a7\u202f1002.\nDefinition of institution of higher education for purposes of student assistance programs\n(a)\nDefinition of institution of higher education for purposes of student assistance programs\n(1)\nInclusion of additional institutions\nSubject to paragraphs (2) through (4) of this subsection, the term \u201cinstitution of higher education\u201d for purposes of subchapter IV includes, in addition to the institutions covered by the definition in\n(A) a proprietary institution of higher education (as defined in subsection (b) of this section);\n(B) a postsecondary vocational institution (as defined in subsection (c) of this section); and\n(C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in\nsection 1001 of this title\nsection 1087b(d) of this title\n(2)\nInstitutions outside the United States\n(A)\nIn general\nFor the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in\n(i) except as provided in subparagraph (B)(iii)(IV), in the case of a graduate medical school located outside the United States\u2014\n(I)\n(aa) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in\nsection 1091(a)(5) of this title\n(bb) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; or\n(II) the institution\u2014\n(aa) has or had a clinical training program that was approved by a State as of\nJanuary 1, 1992\n(bb) continues to operate a clinical training program in at least one State that is approved by that State;\n(ii) in the case of a veterinary school located outside the United States that does not meet the requirements of\nsection 1001(a)(4) of this title\n(iii) in the case of a nursing school located outside of the United States\u2014\n(I) the nursing school has an agreement with a hospital, or accredited school of nursing (as such terms are defined in\nsection 296 of title 42\n(II) the nursing school has an agreement with an accredited school of nursing located in the United States providing that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States;\n(III) the nursing school certifies only Federal Direct Stafford Loans under\nsection 1087e(a)(2)(A) of this title\nsection 1087e(a)(2)(D) of this title\nsection 1087e(a)(2)(B) of this title\n(IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution\u2019s cohort default rate during the previous fiscal year; and\n(V) not less than 75 percent of the individuals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year preceding the year for which the institution is certifying a Federal Direct Stafford Loan under\nsection 1087e(a)(2)(A) of this title\nsection 1087e(a)(2)(D) of this title\nsection 1087e(a)(2)(B) of this title\n(B)\nAdvisory panel\n(i)\nIn general\nFor the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall\u2014\n(I) evaluate the standards of accreditation applied to applicant foreign medical schools; and\n(II) determine the comparability of those standards to standards for accreditation applied to United States medical schools.\n(ii)\nSpecial rule\nIf the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of\nsection 1001 of this title\n(iii)\nReport\n(I)\nIn general\nNot later than 1 year after\n(aa) are located outside of the United States;\n(bb) do not meet the requirements of subparagraph (A)(i); and\n(cc) have a clinical training program approved by a State prior to\nJanuary 1, 2008\n(II)\nRecommendations\nIn the report described in subclause (I), the advisory panel\u2019s eligibility criteria shall include recommendations regarding the appropriate levels of performance for graduate medical schools described in such subclause in the following areas:\n(aa) Entrance requirements.\n(bb) Retention and graduation rates.\n(cc) Successful placement of students in United States medical residency programs.\n(dd) Passage rate of students on the United States Medical Licensing Examination.\n(ee) The extent to which State medical boards have assessed the quality of such school\u2019s program of instruction, including through on-site reviews.\n(ff) The extent to which graduates of such schools would be unable to practice medicine in 1 or more States, based on the judgment of a State medical board.\n(gg) Any areas recommended by the Comptroller General of the United States under section 1101 of the Higher Education Opportunity Act.\n(hh) Any additional areas the Secretary may require.\n(III)\nMinimum eligibility requirement\nIn the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb) shall be a minimum eligibility requirement for a graduate medical school described in subclause (I) to participate in the loan programs under part D of subchapter IV.\n(IV)\nAuthority\nThe Secretary may\u2014\n(aa) not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate medical schools described in such subclause to participate in the loan programs under part D of subchapter IV based on the recommendations of such report; and\n(bb) not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligibility.\n(C)\nFailure to release information\nThe failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part D of subchapter IV.\n(D)\nSpecial rule\nIf, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part D of subchapter IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.\n(3)\nLimitations based on course of study or enrollment\nAn institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution\u2014\n(A) offers more than 50 percent of such institution\u2019s courses by correspondence (excluding courses offered by telecommunications as defined in section 1091(\nl\n1\n1 See References in Text note below.\nsection 2302(3)(C) of this title\n(B) enrolls 50 percent or more of the institution\u2019s students in correspondence courses (excluding courses offered by telecommunications as defined in section 1091(\nl\n1\n(C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor\u2019s degree, or an associate\u2019s degree or a postsecondary diploma, respectively; or\n(D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor\u2019s degree or an associate\u2019s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.\n(4)\nLimitations based on management\nAn institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if\u2014\n(A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution\u2019s management or policies) that files for bankruptcy under chapter 11 of title 11 between\nJuly 1, 1998\nDecember 1, 1998\n(B) the institution, the institution\u2019s owner, or the institution\u2019s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV, or has been judicially determined to have committed fraud involving funds under subchapter IV.\n(5)\nCertification\nThe Secretary shall certify an institution\u2019s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of subchapter IV.\n(6)\nLoss of eligibility\nAn institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV as a result of an action pursuant to part H of subchapter IV.\n(b)\nProprietary institution of higher education\n(1)\nPrincipal criteria\nFor the purpose of this section, the term \u201cproprietary institution of higher education\u201d means a school that\u2014\n(A)\n(i) provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or\n(ii)\n(I) provides a program leading to a baccalaureate degree in liberal arts, and has provided such a program since\nJanuary 1, 2009\n(II) is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since\nOctober 1, 2007\n(B) meets the requirements of paragraphs (1) and (2) of\nsection 1001(a) of this title\n(C) does not meet the requirement of paragraph (4) of\nsection 1001(a) of this title\n(D) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of subchapter IV; and\n(E) has been in existence for at least 2 years.\n(2)\nAdditional institutions\nThe term \u201cproprietary institution of higher education\u201d also includes a proprietary educational institution in any State that, in lieu of the requirement in\n(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or\n(B) who will be dually or concurrently enrolled in the institution and a secondary school.\n(c)\nPostsecondary vocational institution\n(1)\nPrincipal criteria\nFor the purpose of this section, the term \u201cpostsecondary vocational institution\u201d means a school that\u2014\n(A) provides an eligible program of training to prepare students for gainful employment in a recognized occupation;\n(B) meets the requirements of paragraphs (1), (2), (4), and (5) of\nsection 1001(a) of this title\n(C) has been in existence for at least 2 years.\n(2)\nAdditional institutions\nThe term \u201cpostsecondary vocational institution\u201d also includes an educational institution in any State that, in lieu of the requirement in\n(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or\n(B) who will be dually or concurrently enrolled in the institution and a secondary school.","url":"https://projectusc.org/usc/t20/s1002.html","content":[{"t":"sec","id":"/us/usc/t20/s1002","children":[{"t":"num","text":"\u00a7\u202f1002."},{"t":"heading","text":"Definition of institution of higher education for purposes of student assistance programs"},{"t":"subsec","id":"/us/usc/t20/s1002/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definition of institution of higher education for purposes of student assistance programs"},{"t":"para","id":"/us/usc/t20/s1002/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Inclusion of additional institutions"},{"t":"chapeau","text":"Subject to paragraphs (2) through (4) of this subsection, the term \u201cinstitution of higher education\u201d for purposes of subchapter IV includes, in addition to the institutions covered by the definition in ","children":[{"t":"ref","text":"section 1001 of this title","href":"/us/usc/t20/s1001","tail":"\u2014"}]},{"t":"subpara","id":"/us/usc/t20/s1002/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a proprietary institution of higher education (as defined in subsection (b) of this section);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a postsecondary vocational institution (as defined in subsection (c) of this section); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in ","children":[{"t":"ref","text":"section 1001 of this title","href":"/us/usc/t20/s1001","tail":" and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of "},{"t":"ref","text":"section 1087b(d) of this title","href":"/us/usc/t20/s1087b/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Institutions outside the United States"},{"t":"subpara","id":"/us/usc/t20/s1002/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in ","children":[{"t":"ref","text":"section 1001 of this title","href":"/us/usc/t20/s1001","tail":" (except that a graduate medical school, nursing school, or a veterinary school, located outside the United States shall not be required to meet the requirements of "},{"t":"ref","text":"section 1001(a)(4) of this title","href":"/us/usc/t20/s1001/a/4","tail":"). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made under part D of subchapter IV unless\u2014"}]},{"t":"clause","id":"/us/usc/t20/s1002/a/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" except as provided in subparagraph (B)(iii)(IV), in the case of a graduate medical school located outside the United States\u2014"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"num","text":"(aa)"},{"t":"content","text":" at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in ","children":[{"t":"ref","text":"section 1091(a)(5) of this title","href":"/us/usc/t20/s1091/a/5","tail":" in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; and"}]},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; or"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"chapeau","text":" the institution\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" has or had a clinical training program that was approved by a State as of ","children":[{"t":"text","text":"January 1, 1992","tail":"; and"}]},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" continues to operate a clinical training program in at least one State that is approved by that State;"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1002/a/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" in the case of a veterinary school located outside the United States that does not meet the requirements of ","children":[{"t":"ref","text":"section 1001(a)(4) of this title","href":"/us/usc/t20/s1001/a/4","tail":", the institution\u2019s students complete their clinical training at an approved veterinary school located in the United States; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1002/a/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" in the case of a nursing school located outside of the United States\u2014"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the nursing school has an agreement with a hospital, or accredited school of nursing (as such terms are defined in ","children":[{"t":"ref","text":"section 296 of title 42","href":"/us/usc/t42/s296","tail":"), located in the United States that requires the students of the nursing school to complete the students\u2019 clinical training at such hospital or accredited school of nursing;"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the nursing school has an agreement with an accredited school of nursing located in the United States providing that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/iii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" the nursing school certifies only Federal Direct Stafford Loans under ","children":[{"t":"ref","text":"section 1087e(a)(2)(A) of this title","href":"/us/usc/t20/s1087e/a/2/A","tail":", Federal Direct Unsubsidized Stafford Loans under "},{"t":"ref","text":"section 1087e(a)(2)(D) of this title","href":"/us/usc/t20/s1087e/a/2/D","tail":", or Federal Direct PLUS Loans under "},{"t":"ref","text":"section 1087e(a)(2)(B) of this title","href":"/us/usc/t20/s1087e/a/2/B","tail":" for students attending the institution;"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/iii/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution\u2019s cohort default rate during the previous fiscal year; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/A/iii/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" not less than 75 percent of the individuals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year preceding the year for which the institution is certifying a Federal Direct Stafford Loan under ","children":[{"t":"ref","text":"section 1087e(a)(2)(A) of this title","href":"/us/usc/t20/s1087e/a/2/A","tail":", a Federal Direct Unsubsidized Stafford Loan under "},{"t":"ref","text":"section 1087e(a)(2)(D) of this title","href":"/us/usc/t20/s1087e/a/2/D","tail":", or a Federal Direct PLUS Loan under "},{"t":"ref","text":"section 1087e(a)(2)(B) of this title","href":"/us/usc/t20/s1087e/a/2/B","tail":", received a passing score on such examination."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Advisory panel"},{"t":"clause","id":"/us/usc/t20/s1002/a/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall\u2014"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" evaluate the standards of accreditation applied to applicant foreign medical schools; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" determine the comparability of those standards to standards for accreditation applied to United States medical schools.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1002/a/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Special rule"},{"t":"content","children":[{"t":"p","text":"If the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of ","children":[{"t":"ref","text":"section 1001 of this title","href":"/us/usc/t20/s1001","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1002/a/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Report"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/B/iii/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Not later than 1 year after ","children":[{"t":"text","text":"August 14, 2008","tail":", the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part D of subchapter IV for graduate medical schools that\u2014"}]},{"t":"num","text":"(aa)"},{"t":"content","text":" are located outside of the United States;"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" do not meet the requirements of subparagraph (A)(i); and"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(cc)"},{"t":"content","text":" have a clinical training program approved by a State prior to ","children":[{"t":"text","text":"January 1, 2008","tail":"."}]},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/B/iii/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"Recommendations"},{"t":"chapeau","text":"In the report described in subclause (I), the advisory panel\u2019s eligibility criteria shall include recommendations regarding the appropriate levels of performance for graduate medical schools described in such subclause in the following areas:"},{"t":"num","text":"(aa)"},{"t":"content","text":" Entrance requirements."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" Retention and graduation rates."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(cc)"},{"t":"content","text":" Successful placement of students in United States medical residency programs."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(dd)"},{"t":"content","text":" Passage rate of students on the United States Medical Licensing Examination."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(ee)"},{"t":"content","text":" The extent to which State medical boards have assessed the quality of such school\u2019s program of instruction, including through on-site reviews."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(ff)"},{"t":"content","text":" The extent to which graduates of such schools would be unable to practice medicine in 1 or more States, based on the judgment of a State medical board."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(gg)"},{"t":"content","text":" Any areas recommended by the Comptroller General of the United States under section 1101 of the Higher Education Opportunity Act."},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(hh)"},{"t":"content","text":" Any additional areas the Secretary may require."},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/B/iii/III","children":[{"t":"num","text":"(III)"},{"t":"heading","text":"Minimum eligibility requirement"},{"t":"content","children":[{"t":"p","text":"In the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb) shall be a minimum eligibility requirement for a graduate medical school described in subclause (I) to participate in the loan programs under part D of subchapter IV.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/a/2/B/iii/IV","children":[{"t":"num","text":"(IV)"},{"t":"heading","text":"Authority"},{"t":"chapeau","text":"The Secretary may\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate medical schools described in such subclause to participate in the loan programs under part D of subchapter IV based on the recommendations of such report; and"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligibility."},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Failure to release information"},{"t":"content","children":[{"t":"p","text":"The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part D of subchapter IV.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Special rule"},{"t":"content","children":[{"t":"p","text":"If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part D of subchapter IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Limitations based on course of study or enrollment"},{"t":"chapeau","text":"An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution\u2014"},{"t":"subpara","id":"/us/usc/t20/s1002/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" offers more than 50 percent of such institution\u2019s courses by correspondence (excluding courses offered by telecommunications as defined in section 1091(","children":[{"t":"text","text":"l","tail":")(4)\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of this title), unless the institution is an institution that meets the definition in "},{"t":"ref","text":"section 2302(3)(C) of this title","href":"/us/usc/t20/s2302/3/C","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" enrolls 50 percent or more of the institution\u2019s students in correspondence courses (excluding courses offered by telecommunications as defined in section 1091(","children":[{"t":"text","text":"l","tail":")(4)\u202f"},{"t":"text","text":"1","tail":" of this title), unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor\u2019s degree, or an associate\u2019s degree or a postsecondary diploma, respectively; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor\u2019s degree or an associate\u2019s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Limitations based on management"},{"t":"chapeau","text":"An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if\u2014"},{"t":"subpara","id":"/us/usc/t20/s1002/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution\u2019s management or policies) that files for bankruptcy under chapter 11 of title 11 between ","children":[{"t":"text","text":"July 1, 1998","tail":", and "},{"t":"text","text":"December 1, 1998","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the institution, the institution\u2019s owner, or the institution\u2019s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV, or has been judicially determined to have committed fraud involving funds under subchapter IV.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Certification"},{"t":"content","children":[{"t":"p","text":"The Secretary shall certify an institution\u2019s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of subchapter IV.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Loss of eligibility"},{"t":"content","children":[{"t":"p","text":"An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV as a result of an action pursuant to part H of subchapter IV.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1002/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Proprietary institution of higher education"},{"t":"para","id":"/us/usc/t20/s1002/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Principal criteria"},{"t":"chapeau","text":"For the purpose of this section, the term \u201cproprietary institution of higher education\u201d means a school that\u2014"},{"t":"subpara","id":"/us/usc/t20/s1002/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"clause","id":"/us/usc/t20/s1002/b/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1002/b/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"subclause","id":"/us/usc/t20/s1002/b/1/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" provides a program leading to a baccalaureate degree in liberal arts, and has provided such a program since ","children":[{"t":"text","text":"January 1, 2009","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1002/b/1/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since ","children":[{"t":"text","text":"October 1, 2007","tail":", or earlier;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" meets the requirements of paragraphs (1) and (2) of ","children":[{"t":"ref","text":"section 1001(a) of this title","href":"/us/usc/t20/s1001/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/b/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" does not meet the requirement of paragraph (4) of ","children":[{"t":"ref","text":"section 1001(a) of this title","href":"/us/usc/t20/s1001/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/b/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of subchapter IV; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/b/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" has been in existence for at least 2 years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Additional institutions"},{"t":"chapeau","text":"The term \u201cproprietary institution of higher education\u201d also includes a proprietary educational institution in any State that, in lieu of the requirement in ","children":[{"t":"ref","text":"section 1001(a)(1) of this title","href":"/us/usc/t20/s1001/a/1","tail":", admits as regular students individuals\u2014"}]},{"t":"subpara","id":"/us/usc/t20/s1002/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" who are beyond the age of compulsory school attendance in the State in which the institution is located; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" who will be dually or concurrently enrolled in the institution and a secondary school.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1002/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Postsecondary vocational institution"},{"t":"para","id":"/us/usc/t20/s1002/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Principal criteria"},{"t":"chapeau","text":"For the purpose of this section, the term \u201cpostsecondary vocational institution\u201d means a school that\u2014"},{"t":"subpara","id":"/us/usc/t20/s1002/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" provides an eligible program of training to prepare students for gainful employment in a recognized occupation;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" meets the requirements of paragraphs (1), (2), (4), and (5) of ","children":[{"t":"ref","text":"section 1001(a) of this title","href":"/us/usc/t20/s1001/a","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" has been in existence for at least 2 years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1002/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Additional institutions"},{"t":"chapeau","text":"The term \u201cpostsecondary vocational institution\u201d also includes an educational institution in any State that, in lieu of the requirement in ","children":[{"t":"ref","text":"section 1001(a)(1) of this title","href":"/us/usc/t20/s1001/a/1","tail":", admits as regular students individuals\u2014"}]},{"t":"subpara","id":"/us/usc/t20/s1002/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" who are beyond the age of compulsory school attendance in the State in which the institution is located; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1002/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" who will be dually or concurrently enrolled in the institution and a secondary school.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}