20 U.S.C. § 1058 | Definitions; eligibility

(a)

Educational and general expenditures

For the purpose of this part, the term “educational and general expenditures” means the total amount expended by an institution of higher education for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law.

(b)

Eligible institution

For the purpose of this part, the term “eligible institution” means—

(1)

an institution of higher education—

(A)

which has an enrollment of needy students as required by subsection (d);

(B)

section 1068a(b) of this title except as provided in , the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction;

(C)

which is—

(i)

legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor’s degree;

(ii)

a junior or community college; or

(iii)

the College of the Marshall Islands, the College of Micronesia/Federated States of Micronesia, and Palau Community College;

(D)

which is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or which is, according to such an agency or association, making reasonable progress toward accreditation;

(E)

which meets such other requirements as the Secretary may prescribe; and

(F)

located in a State; and

(2)

any branch of any institution of higher education described under paragraph (1) which by itself satisfies the requirements contained in subparagraphs (A) and (B) of such paragraph.

1 So in original. Probably should be “subsection,”.

For purposes of the determination of whether an institution is an eligible institution under this paragraph, the factor described under paragraph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B).

(c)

Endowment fund

For the purpose of this part, the term “endowment fund” means a fund that—

(1)

is established by State law, by an institution of higher education, or by a foundation that is exempt from Federal income taxation;

(2)

is maintained for the purpose of generating income for the support of the institution; and

(3)

does not include real estate.

(d)

Enrollment of needy students

section 1059e(b) of this titleExcept as provided in , for the purpose of this part, the term “enrollment of needy students” means an enrollment at an institution of higher education or a junior or community college which includes—

(1)

section 1078 of this title at least 50 percent of the degree students so enrolled who are receiving need-based assistance under subchapter IV of this chapter in the second fiscal year preceding the fiscal year for which the determination is being made (other than loans for which an interest subsidy is paid pursuant to ), or

(2)

section 1068a(a) of this title a substantial percentage of students receiving Pell Grants in the second fiscal year preceding the fiscal year for which determination is being made, in comparison with the percentage of students receiving Pell Grants at all such institutions in the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this paragraph is waived under .

(e)

Full-time equivalent students

For the purpose of this part, the term “full-time equivalent students” means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution.

(f)

Junior or community college

For the purpose of this part, the term “junior or community college” means an institution of higher education—

(1)

that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution;

(2)

that does not provide an educational program for which it awards a bachelor’s degree (or an equivalent degree); and

(3)

that—

(A)

provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or

(B)

offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.

(g)

Low-income individual

For the purpose of this part, the term “low-income individual” means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.

(h)

Historically black college or university

For the purposes of this section, no historically black college or university which is eligible for and receives funds under part B of this subchapter is eligible for or may receive funds under this part.

Pub. L. 89–329, title III, § 312 Pub. L. 99–498, title III, § 301(a)Oct. 17, 1986100 Stat. 1292 Pub. L. 100–50, § 2(a)(2)June 3, 1987101 Stat. 335 Pub. L. 100–369, § 10(a)July 18, 1988102 Stat. 837 Pub. L. 102–325, title III, § 302(a)July 23, 1992106 Stat. 472 Pub. L. 103–208, § 2(a)(5)Dec. 20, 1993107 Stat. 2457 Pub. L. 103–382, title III, § 353Oct. 20, 1994108 Stat. 3966 Pub. L. 105–244, title IIIOct. 7, 1998112 Stat. 1636 Pub. L. 110–315, title IIIAug. 14, 2008122 Stat. 3167(, as added , , ; amended –(6), , ; , , ; , (b), , ; , , ; , , ; , §§ 301(c)(2), 303(b), , , 1639; , §§ 302, 305(b), , , 3173.)

Editorial Notes

Prior Provisions

Pub. L. 89–329, title III, § 312 Pub. L. 96–374, title III, § 301Oct. 3, 198094 Stat. 1391 Pub. L. 99–498A prior section 1058, , as added , , , defined terms used in this subchapter, prior to the general revision of this subchapter by .

Amendments

Pub. L. 110–315, § 302(1)2008—Subsec. (b)(1)(A). , substituted “subsection (d)” for “subsection (c) of this section”.

Pub. L. 110–315, § 305(b)section 1059e(b) of this titleSubsec. (d). , substituted “Except as provided in , for the purpose” for “For the purpose” in introductory provisions.

Pub. L. 110–315, § 302(2)Subsec. (d)(2). , substituted “paragraph” for “subdivision”.

Pub. L. 110–315, § 302(3)Subsecs. (g), (h). , (4), added subsec. (g) and redesignated former subsec. (g) as (h).

Pub. L. 105–244, § 301(c)(2)(A)1998—Subsec. (b)(1)(B). , substituted “section 1068a(b)” for “section 1067(b)”.

Pub. L. 105–244, § 303(b)(2)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 105–244, § 301(c)(2)(B)Subsec. (c)(2). , substituted “section 1068a(a)” for “section 1067(a)”.

Pub. L. 105–244, § 303(b)(1)Subsecs. (d) to (g). , redesignated subsecs. (c) to (f) as (d) to (g), respectively.

Pub. L. 103–382, § 353(1)1994—Subsec. (b)(1)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(C)(i) which is legally authorized to provide, and provides within the State, an educational program for which it awards a bachelor’s degree, or (ii) which is a junior or community college;”.

Pub. L. 103–382, § 353(2)Subsec. (b)(1)(F). , (3), added subpar. (F).

Pub. L. 103–2081993—Subsec. (c)(2). inserted “the” after “such institutions in”.

Pub. L. 102–325, § 302(a)(1)section 1067(b) of this title1992—Subsec. (b)(1), (2). , (2), inserted “and” at end of subpar. (D), struck out subpar. (E), redesignated subpar. (F) as (E) and inserted “and” at end, and substituted period for semicolon at end of par. (2). Prior to amendment, subpar. (E) of par. (1) read as follows: “except as provided in which has, during the 5 academic years preceding the academic year for which it seeks assistance under this part—

“(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simultaneously or consecutively); and

“(ii) met the requirement of subparagraph (D); and”.

Pub. L. 102–325, § 302(a)(3)Subsec. (b)(3) to (5). , struck out pars. (3) to (5) which read as follows:

“(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1);

“(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and

“(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Hawaiian, Asian American, American Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1).”

Pub. L. 102–325, § 302(b)Subsec. (c)(2). , substituted “second fiscal year preceding the fiscal year for which the determination is made, unless the requirement” for “second preceding fiscal year, unless the requirement”.

Pub. L. 100–3691988—Subsec. (f). added subsec. (f).

Pub. L. 100–50, § 2(a)(2)(A)1987—Subsec. (b)(1)(C), (D). , inserted “which” before “is” wherever appearing.

Pub. L. 100–50, § 2(a)(2)(B)Subsec. (b)(1)(E). , inserted “which” before “has”.

Pub. L. 100–50, § 2(a)(2)(C)Subsec. (b)(1)(F). , inserted “which” before “meets”.

Pub. L. 100–50, § 2(a)(3)Subsec. (b)(3), (5). , (4), substituted “subparagraphs (A), (B), (C), and (D)” for “subparagraphs (A) and (B)”.

Pub. L. 100–50, § 2(a)(5)Subsec. (c)(1). , inserted “in the second fiscal year preceding the fiscal year for which the determination is being made” after “chapter 34 of title 42”.

Pub. L. 100–50, § 2(a)(6)Subsec. (c)(2). , substituted “fiscal year preceding the fiscal year for which determination is being made” for “preceding fiscal year” and “second preceding fiscal year” for “such fiscal year”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–244Oct. 1, 1998Pub. L. 105–244 section 3 of Pub. L. 105–244 section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–208 Pub. L. 102–325 section 5(a) of Pub. L. 103–208 section 1051 of this titleAmendment by effective as if included in the Higher Education Amendments of 1992, , except as otherwise provided, see , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–325Oct. 1, 1992section 2 of Pub. L. 102–325 section 1001 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–50 Pub. L. 99–498 section 27 of Pub. L. 100–50 section 1001 of this titleAmendment by effective as if enacted as part of the Higher Education Amendments of 1986, , see , set out as a note under .