{"identifier":"/us/usc/t20/s1088","title":20,"num":"\u00a7\u202f1088.","heading":"Definitions","text":"\u00a7\u202f1088.\nDefinitions\n(a)\nAcademic and award year\n(1) For the purpose of any program under this subchapter, the term \u201caward year\u201d shall be defined as the period beginning July 1 and ending June 30 of the following year.\n(2)\n(A) For the purpose of any program under this subchapter, the term \u201cacademic year\u201d shall\u2014\n(i) require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or\n(ii) require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and\n(iii) require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least\u2014\n(I) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or\n(II) 900 clock hours in a course of study that measures its program length in clock hours.\n(B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours.\n(b)\nEligible program\n(1) For purposes of this subchapter, the term \u201celigible program\u201d means a program of at least\u2014\n(A) 600 clock hours of instruction, 16 semester hours, or 24 quarter hours, offered during a minimum of 15 weeks, in the case of a program that\u2014\n(i) provides a program of training to prepare students for gainful employment in a recognized profession; and\n(ii) admits students who have not completed the equivalent of an associate degree; or\n(B) 300 clock hours of instruction, 8 semester hours, or 12 hours, offered during a minimum of 10 weeks, in the case of\u2014\n(i) an undergraduate program that requires the equivalent of an associate degree for admissions; or\n(ii) a graduate or professional program.\n(2)\n(A) A program is an eligible program for purposes of part B of this subchapter if it is a program of at least 300 clock hours of instruction, but less than 600 clock hours of instruction, offered during a minimum of 10 weeks, that\u2014\n(i) has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary;\n(ii) has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and\n(iii) satisfies such further criteria as the Secretary may prescribe by regulation.\n(B) In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to have satisfied the requirements of this paragraph.\n(3) An otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this subchapter if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after\n(A) is recognized by the Secretary under subpart 2 of part H; and\n(B) has evaluation of distance education programs within the scope of its recognition, as described in\nsection 1099b(n)(3) of this title\n(4) For purposes of this subchapter, the term \u201celigible program\u201d includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is consistent with the accreditation of the institution or program utilizing the results of the assessment. In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to be an eligible program.\n(c)\nThird party servicer\nFor purposes of this subchapter, the term \u201cthird party servicer\u201d means any individual, any State, or any private, for-profit or nonprofit organization, which enters into a contract with\u2014\n(1) any eligible institution of higher education to administer, through either manual or automated processing, any aspect of such institution\u2019s student assistance programs under this subchapter; or\n(2) any guaranty agency, or any eligible lender, to administer, through either manual or automated processing, any aspect of such guaranty agency\u2019s or lender\u2019s student loan programs under part B of this subchapter, including originating, guaranteeing, monitoring, processing, servicing, or collecting loans.\n(d)\nDefinitions for military deferments\nFor purposes of parts B, D, and E of this subchapter:\n(1)\nActive duty\nThe term \u201cactive duty\u201d has the meaning given such term in\nsection 101(d)(1) of title 10\n(2)\nMilitary operation\nThe term \u201cmilitary operation\u201d means a contingency operation as such term is defined in\nsection 101(a)(13) of title 10\n(3)\nNational emergency\nThe term \u201cnational emergency\u201d means the national emergency by reason of certain terrorist attacks declared by the President on\nSeptember 14, 2001\n(4)\nServing on active duty\nThe term \u201cserving on active duty during a war or other military operation or national emergency\u201d means service by an individual who is\u2014\n(A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10 or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and\n(B) any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned.\n(5)\nQualifying National Guard duty\nThe term \u201cqualifying National Guard duty during a war or other military operation or national emergency\u201d means service as a member of the National Guard on full-time National Guard duty (as defined in\nsection 101(d)(5) of title 10\nsection 502(f) of title 32\n(e)\nConsumer reporting agency\nFor purposes of this subchapter, the term \u201cconsumer reporting agency\u201d has the meaning given the term \u201cconsumer reporting agency that compiles and maintains files on consumers on a nationwide basis\u201d in Section\n1\n1 So in original. Probably should not be capitalized.\n(f)\nDefinition of educational service agency\nFor purposes of parts B, D, and E, the term \u201ceducational service agency\u201d has the meaning given the term in\nsection 7801 of this title","url":"https://projectusc.org/usc/t20/s1088.html","content":[{"t":"sec","id":"/us/usc/t20/s1088","children":[{"t":"num","text":"\u00a7\u202f1088."},{"t":"heading","text":"Definitions"},{"t":"subsec","id":"/us/usc/t20/s1088/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Academic and award year"},{"t":"para","id":"/us/usc/t20/s1088/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" For the purpose of any program under this subchapter, the term \u201caward year\u201d shall be defined as the period beginning July 1 and ending June 30 of the following year.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/a/2","children":[{"t":"num","text":"(2)"},{"t":"subpara","id":"/us/usc/t20/s1088/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" For the purpose of any program under this subchapter, the term \u201cacademic year\u201d shall\u2014"},{"t":"clause","id":"/us/usc/t20/s1088/a/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1088/a/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1088/a/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least\u2014"},{"t":"subclause","id":"/us/usc/t20/s1088/a/2/A/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s1088/a/2/A/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" 900 clock hours in a course of study that measures its program length in clock hours.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1088/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1088/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Eligible program"},{"t":"para","id":"/us/usc/t20/s1088/b/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" For purposes of this subchapter, the term \u201celigible program\u201d means a program of at least\u2014"},{"t":"subpara","id":"/us/usc/t20/s1088/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 600 clock hours of instruction, 16 semester hours, or 24 quarter hours, offered during a minimum of 15 weeks, in the case of a program that\u2014"},{"t":"clause","id":"/us/usc/t20/s1088/b/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" provides a program of training to prepare students for gainful employment in a recognized profession; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1088/b/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" admits students who have not completed the equivalent of an associate degree; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1088/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" 300 clock hours of instruction, 8 semester hours, or 12 hours, offered during a minimum of 10 weeks, in the case of\u2014"},{"t":"clause","id":"/us/usc/t20/s1088/b/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an undergraduate program that requires the equivalent of an associate degree for admissions; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1088/b/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a graduate or professional program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/b/2","children":[{"t":"num","text":"(2)"},{"t":"subpara","id":"/us/usc/t20/s1088/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" A program is an eligible program for purposes of part B of this subchapter if it is a program of at least 300 clock hours of instruction, but less than 600 clock hours of instruction, offered during a minimum of 10 weeks, that\u2014"},{"t":"clause","id":"/us/usc/t20/s1088/b/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1088/b/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s1088/b/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" satisfies such further criteria as the Secretary may prescribe by regulation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1088/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to have satisfied the requirements of this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" An otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this subchapter if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after ","children":[{"t":"text","text":"February 8, 2006","tail":") to have the capability to effectively deliver distance education programs by an accrediting agency or association that\u2014"}]},{"t":"subpara","id":"/us/usc/t20/s1088/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is recognized by the Secretary under subpart 2 of part H; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1088/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has evaluation of distance education programs within the scope of its recognition, as described in ","children":[{"t":"ref","text":"section 1099b(n)(3) of this title","href":"/us/usc/t20/s1099b/n/3","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" For purposes of this subchapter, the term \u201celigible program\u201d includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is consistent with the accreditation of the institution or program utilizing the results of the assessment. In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to be an eligible program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1088/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Third party servicer"},{"t":"chapeau","text":"For purposes of this subchapter, the term \u201cthird party servicer\u201d means any individual, any State, or any private, for-profit or nonprofit organization, which enters into a contract with\u2014"},{"t":"para","id":"/us/usc/t20/s1088/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" any eligible institution of higher education to administer, through either manual or automated processing, any aspect of such institution\u2019s student assistance programs under this subchapter; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" any guaranty agency, or any eligible lender, to administer, through either manual or automated processing, any aspect of such guaranty agency\u2019s or lender\u2019s student loan programs under part B of this subchapter, including originating, guaranteeing, monitoring, processing, servicing, or collecting loans.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1088/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions for military deferments"},{"t":"chapeau","text":"For purposes of parts B, D, and E of this subchapter:"},{"t":"para","id":"/us/usc/t20/s1088/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Active duty"},{"t":"content","children":[{"t":"p","text":"The term \u201cactive duty\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 101(d)(1) of title 10","href":"/us/usc/t10/s101/d/1","tail":", except that such term does not include active duty for training or attendance at a service school."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Military operation"},{"t":"content","children":[{"t":"p","text":"The term \u201cmilitary operation\u201d means a contingency operation as such term is defined in ","children":[{"t":"ref","text":"section 101(a)(13) of title 10","href":"/us/usc/t10/s101/a/13","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"National emergency"},{"t":"content","children":[{"t":"p","text":"The term \u201cnational emergency\u201d means the national emergency by reason of certain terrorist attacks declared by the President on ","children":[{"t":"text","text":"September 14, 2001","tail":", or subsequent national emergencies declared by the President by reason of terrorist attacks."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Serving on active duty"},{"t":"chapeau","text":"The term \u201cserving on active duty during a war or other military operation or national emergency\u201d means service by an individual who is\u2014"},{"t":"subpara","id":"/us/usc/t20/s1088/d/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10 or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s1088/d/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s1088/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Qualifying National Guard duty"},{"t":"content","children":[{"t":"p","text":"The term \u201cqualifying National Guard duty during a war or other military operation or national emergency\u201d means service as a member of the National Guard on full-time National Guard duty (as defined in ","children":[{"t":"ref","text":"section 101(d)(5) of title 10","href":"/us/usc/t10/s101/d/5","tail":") under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under "},{"t":"ref","text":"section 502(f) of title 32","href":"/us/usc/t32/s502/f","tail":" in connection with a war, other military operation, or a national emergency declared by the President and supported by Federal funds."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1088/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Consumer reporting agency"},{"t":"content","children":[{"t":"p","text":"For purposes of this subchapter, the term \u201cconsumer reporting agency\u201d has the meaning given the term \u201cconsumer reporting agency that compiles and maintains files on consumers on a nationwide basis\u201d in Section\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should not be capitalized."},{"t":"text","text":"\u202fSo in original. Probably should not be capitalized.","tail":" 1681a(p) of title 15."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s1088/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Definition of educational service agency"},{"t":"content","children":[{"t":"p","text":"For purposes of parts B, D, and E, the term \u201ceducational service agency\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 7801 of this title","href":"/us/usc/t20/s7801","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}