20 U.S. Code § 1091 - Student eligibility | U.S. Code | US Law | LII / Legal Information Institute

20 U.S. Code § 1091 - Student eligibility | U.S. Code | US Law | LII / Legal Information Institute
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20 U.S. Code § 1091 - Student eligibility
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(a)
In general
In order to receive any grant, loan, or work assistance under this subchapter, a student must—
(1)
be enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an
institution of higher education
that is an eligible institution in accordance with the provisions of
section 1094 of this title
, except as provided in subsections (b)(3) and (b)(4), and not be enrolled in an elementary or
secondary school;
(2)
if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance with the provisions of subsection (c);(q)
(3)
not owe a refund on grants previously received at any institution under this subchapter, or be in default on any loan from a student loan fund at any institution provided for in part E, or a loan made, insured, or guaranteed by the
Secretary
under this subchapter for attendance at any institution;
(4)
file with the
Secretary
, as part of the original financial aid application process, a certification, which need not be notarized, but which shall include—
(A)
a statement of educational purpose stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and
(B)
such student’s social security number;
(5)
be a citizen or national of the United States, a permanent resident of the United States, or able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; and
(6)
if the student has been convicted of, or has pled nolo contendere or guilty to, a crime involving fraud in obtaining funds under this subchapter, have completed the repayment of such funds to the
Secretary
, or to the holder in the case of a loan under this subchapter obtained by fraud.
(b)
Eligibility for student loans
(1)
In order to be eligible to receive any loan under this subchapter (other than a loan under section
1078–2
or
1078–3
of this title, or under
section 1078–8 of this title
pursuant to an exercise of discretion under
section 1087tt of this title
) for any period of enrollment, a student who is not a graduate or professional student (as defined in regulations of the
Secretary)
, and who is enrolled in a program at an institution which has a participation agreement with the
Secretary
to make awards under subpart 1 of part A of this subchapter, shall—
(A)
(i)
have received a determination of eligibility or ineligibility for a Pell Grant under such subpart 1 for such period of enrollment; and (ii) if determined to be eligible, have filed an application for a Pell Grant for such enrollment period; or
(B)
have (i) filed an application with the Pell Grant processor for such institution for such enrollment period, and (ii) received from the financial aid administrator of the institution a preliminary determination of the student’s eligibility or ineligibility for a grant under such subpart 1.
(2)
In order to be eligible to receive any loan under
section 1078–1
[1]
of this title for any period of enrollment, a student shall—
(A)
have received a determination of need for a loan under
section 1078(a)(2)(B) of this title
(B)
if determined to have need for a loan under
section 1078 of this title
, have applied for such a loan; and
(C)
has applied for a loan under
section 1078–8 of this title
, if such student is eligible to apply for such a loan.
(3)
A student who—
(A)
is carrying at least one-half the normal full-time work load for the course of study that the student is pursuing, as determined by an eligible institution, and
(B)
is enrolled in a course of study necessary for enrollment in a program leading to a degree or certificate,
shall be, notwithstanding paragraph (1) of subsection (a), eligible to apply for loans under part B or D of this subchapter. The eligibility described in this paragraph shall be restricted to one 12-month period.
(4)
A student who—
(A)
is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution, and
(B)
is enrolled or accepted for enrollment in a program at an eligible institution necessary for a professional credential or certification from a State that is required for employment as a teacher in an elementary or
secondary school
in that State,
shall be, notwithstanding paragraph (1) of subsection (a), eligible to apply for loans under part B, D, or E or work-study assistance under part C of this subchapter.
(5)
Notwithstanding any other provision of this subsection, no incarcerated student is eligible to receive a loan under this subchapter.
(c)
Satisfactory progress
(1)
For the purpose of subsection (a)(2), a student is maintaining satisfactory progress if—
(A)
the institution at which the student is in attendance, reviews the progress of the student at the end of each academic year, or its equivalent, as determined by the institution, and
(B)
the student has a cumulative C average, or its equivalent or academic standing consistent with the requirements for graduation, as determined by the institution, at the end of the second such academic year.
(2)
Whenever a student fails to meet the eligibility requirements of subsection (a)(2) as a result of the application of this subsection and subsequent to that failure the student has academic standing consistent with the requirements for graduation, as determined by the institution, for any grading period, the student may, subject to this subsection, again be eligible under subsection (a)(2) for a grant, loan, or work assistance under this subchapter.
(3)
Any
institution of higher education
at which the student is in attendance may waive the provisions of paragraph (1) or paragraph (2) of this subsection for undue hardship based on—
(A)
the death of a relative of the student,
(B)
the personal injury or illness of the student, or
(C)
special circumstances as determined by the institution.
(d)
Students who are not high school graduates
(1)
Student eligibility
In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this subchapter, the student shall meet the requirements of one of the following subparagraphs:
(A)
The student is enrolled in an
eligible career pathway program
and meets one of the following standards:
(i)
The student shall take an independently administered examination and shall achieve a score, specified by the
Secretary
, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the
Secretary
on the basis of compliance with such standards for development, administration, and scoring as the
Secretary
may prescribe in regulations.
(ii)
The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the
Secretary
unless the
Secretary
disapproves such process. In determining whether to approve or disapprove such process, the
Secretary
shall take into account the effectiveness of such process in enabling students without
secondary school
diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions.
(iii)
The student shall be determined by the
institution of higher education
as having the ability to benefit from the education or training offered by the
institution of higher education
upon satisfactory completion of 6 credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the
institution of higher education
(B)
The student has completed a
secondary school
education in a home school setting that is treated as a home school or private school under State law.
(2)
Eligible career pathway program
In this subsection, the term “
eligible career pathway program
” means a program that combines rigorous and high-quality education, training, and other services that—
(A)
aligns with the skill needs of industries in the economy of the State or regional economy involved;
(B)
prepares an individual to be successful in any of a full range of secondary or
postsecondary education
options, including apprenticeships registered under the Act of
August 16, 1937
(commonly known as the “
National Apprenticeship Act
”;
50 Stat. 664
, chapter 663;
29 U.S.C. 50
et seq.) (referred to individually in this chapter as an “apprenticeship”, except in section 171);
(C)
includes counseling to support an individual in achieving the individual’s education and career goals;
(D)
includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;
(E)
organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;
(F)
enables an individual to attain a
secondary school
diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and
(G)
helps an individual enter or advance within a specific occupation or occupational cluster.
(e)
Certification for GSL eligibility
Each eligible institution may certify student eligibility for a loan by an eligible lender under part B of this subchapter prior to completing the review for accuracy of the information submitted by the applicant required by regulations issued under this subchapter, if—
(1)
checks for the loans are mailed to the eligible institution prior to disbursements;
(2)
the disbursement is not made until the review is complete; and
(3)
the eligible institution has no evidence or documentation on which the institution may base a determination that the information submitted by the applicant is incorrect.
(f)
Loss of eligibility for violation of loan limits
(1)
No student shall be eligible to receive any grant, loan, or work assistance under this subchapter if the eligible institution determines that the student fraudulently borrowed in violation of the annual loan limits under part B, part D, or part E of this subchapter in the same academic year, or if the student fraudulently borrowed in excess of the aggregate maximum loan limits under such part B, part D, or part E.
(2)
If the institution determines that the student inadvertently borrowed amounts in excess of such annual or aggregate maximum loan limits, such institution shall allow the student to repay any amount borrowed in excess of such limits prior to certifying the student’s eligibility for further assistance under this subchapter.
(g)
Verification of immigration status
(1)
In general
The
Secretary
shall implement a system under which the statements and supporting documentation, if required, of an individual declaring that such individual is in compliance with the requirements of subsection (a)(5) shall be verified prior to the individual’s receipt of a grant, loan, or work assistance under this subchapter.
(2)
Special rule
The documents collected and maintained by an eligible institution in the admission of a student to the institution may be used by the student in lieu of the documents used to establish both employment authorization and identity under
section 1324a(b)(1)(B) of title 8
to verify eligibility to participate in work-study programs under part C of this subchapter.
(3)
Verification mechanisms
The
Secretary
is authorized to verify such statements and supporting documentation through a data match, using an automated or other system, with other Federal agencies that may be in possession of information relevant to such statements and supporting documentation.
(4)
Review
In the case of such an individual who is not a citizen or national of the United States, if the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)—
(A)
the institution—
(i)
shall provide a reasonable opportunity to submit to the institution evidence indicating a satisfactory immigration status, and
(ii)
may not delay, deny, reduce, or terminate the individual’s eligibility for the grant, loan, or work assistance on the basis of the individual’s immigration status until such a reasonable opportunity has been provided; and
(B)
if there are submitted documents which the institution determines constitute reasonable evidence indicating such status—
(i)
the institution shall transmit to the Immigration and Naturalization Service either photostatic or other similar copies of such documents, or information from such documents, as specified by the Immigration and Naturalization Service, for official verification,
(ii)
pending such verification, the institution may not delay, deny, reduce, or terminate the individual’s eligibility for the grant, loan, or work assistance on the basis of the individual’s immigration status, and
(iii)
the institution shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification.
(h)
Limitations of enforcement actions against institutions
The
Secretary
shall not take any compliance, disallowance, penalty, or other regulatory action against an
institution of higher education
with respect to any error in the institution’s determination to make a student eligible for a grant, loan, or work assistance based on citizenship or immigration status—
(1)
if the institution has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service,
(2)
because the institution, under subsection (g)(4)(A)(i), was required to provide a reasonable opportunity to submit documentation, or
(3)
because the institution, under subsection (g)(4)(B)(i), was required to wait for the response of the Immigration and Naturalization Service to the institution’s request for official verification of the immigration status of the student.
(i)
Validity of loan guarantees for loan payments made before immigration status verification completed
Notwithstanding subsection (h),
if—
(1)
a guaranty is made under this subchapter for a loan made with respect to an individual,
(2)
at the time the guaranty is entered into, the provisions of subsection (h)
had been complied with,
(3)
amounts are paid under the loan subject to such guaranty, and
(4)
there is a subsequent determination that, because of an unsatisfactory immigration status, the individual is not eligible for the loan,
the official of the institution making the determination shall notify and instruct the entity making the loan to cease further payments under the loan, but such guaranty shall not be voided or otherwise nullified with respect to such payments made before the date the entity receives the notice.
(j)
Repealed.
Pub. L. 110–315, title IV, § 485(a)(4)
Aug. 14, 2008
122 Stat. 3288
(k)
Special rule for correspondence courses
A student shall not be eligible to receive grant, loan, or work assistance under this subchapter for a correspondence course unless such course is part of a program leading to an associate, bachelor or graduate degree.
(l)
Courses offered through distance education
(1)
Relation to correspondence courses
(A)
In general
A student enrolled in a course of instruction at an
institution of higher education
that is offered principally through
distance education
and leads to a recognized certificate, or recognized associate, recognized baccalaureate, or recognized graduate degree, conferred by such institution, shall not be considered to be enrolled in correspondence courses.
(B)
Exception
An
institution of higher education
referred to in subparagraph (A) shall not include an institution or school described in
section 2302(3)(C) of this title
(2)
Reductions of financial aid
A student’s eligibility to receive grants, loans, or work assistance under this subchapter shall be reduced if a financial aid officer determines under the discretionary authority provided in
section 1087tt of this title
that
distance education
results in a substantially reduced
cost of attendance
to such student.
(3)
Special rule
For
award years
beginning prior to
July 1, 2008
, the
Secretary
shall not take any compliance, disallowance, penalty, or other action based on a violation of this subsection against a student or an eligible institution when such action arises out of such institution’s prior award of student assistance under this subchapter if the institution demonstrates to the satisfaction of the
Secretary
that its course of instruction would have been in conformance with the requirements of this subsection.
(m)
Students with a first baccalaureate or professional degree
A student shall not be ineligible for assistance under parts B, C, D, and E of this subchapter because such student has previously received a baccalaureate or professional degree.
(n)
Study abroad
Nothing in this chapter shall be construed to limit or otherwise prohibit access to study abroad programs approved by the home institution at which a student is enrolled. An otherwise eligible student who is engaged in a program of study abroad approved for academic credit by the home institution at which the student is enrolled shall be eligible to receive grant, loan, or work assistance under this subchapter, without regard to whether such study abroad program is required as part of the student’s degree program.
(o)
Verification of social security number
The
Secretary
of Education, in cooperation with the Commissioner of the
Social Security Administration
, shall verify any social security number provided by a student to an eligible institution under subsection (a)(4) and shall enforce the following conditions:
(1)
Except as provided in paragraphs (2) and (3), an institution shall not deny, reduce, delay, or terminate a student’s eligibility for assistance under this part because social security number verification is pending.
(2)
If there is a determination by the
Secretary
that the social security number provided to an eligible institution by a student is incorrect, the institution shall deny or terminate the student’s eligibility for any grant, loan, or work assistance under this subchapter until such time as the student provides documented evidence of a social security number that is determined by the institution to be correct.
(3)
If there is a determination by the
Secretary
that the social security number provided to an eligible institution by a student is incorrect, and a correct social security number cannot be provided by such student, and a loan has been guaranteed for such student under part B of this subchapter, the institution shall notify and instruct the lender and guaranty agency making and guaranteeing the loan, respectively, to cease further disbursements of the loan, but such guaranty shall not be voided or otherwise nullified with respect to such disbursements made before the date that the lender and the guaranty agency receives such notice.
(4)
Nothing in this subsection shall permit the
Secretary
to take any compliance, disallowance, penalty, or other regulatory action against—
(A)
any
institution of higher education
with respect to any error in a social security number, unless such error was a result of fraud on the part of the institution; or
(B)
any student with respect to any error in a social security number, unless such error was a result of fraud on the part of the student.
(p)
Use of income data with IRS
The
Secretary
, in cooperation with the
Secretary
of the Treasury, shall fulfill the data transfer requirements under section 6103(l)(13) of title 26 and the procedure and requirements outlined in
section 1098h of this title
(q)
Students with intellectual disabilities
(1)
Definitions
In this subsection the terms “
comprehensive transition and postsecondary program for students with intellectual disabilities
” and
“student with an intellectual disability”
have the meanings given the terms in
section 1140 of this title
(2)
Requirements
Notwithstanding subsections (a), (c), and (d), in order to receive any grant or work assistance under
section 1070a of this title
, subpart 3 of part A, or part C, a
student with an intellectual disability
shall—
(A)
be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary program for students with intellectual disabilities
at an
institution of higher education;
(B)
be maintaining satisfactory progress in the program as determined by the institution, in accordance with standards established by the institution; and
(C)
meet the requirements of paragraphs (3), (4), (5), and (6) of subsection (a).
(3)
Authority
Notwithstanding any other provision of law unless such provision is enacted with specific reference to this section, the
Secretary
is authorized to waive any statutory provision applicable to the student financial assistance programs under
section 1070a of this title
, subpart 3 of part A, or part C (other than a provision of part F related to such a program), or any institutional eligibility provisions of this subchapter, as the
Secretary
determines necessary to ensure that programs enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection may receive such financial assistance.
(4)
Regulations
Notwithstanding regulations applicable to grant or work assistance awards made under
section 1070a of this title
, subpart 3 of part A, and part C (other than a regulation under part F related to such an award), including with respect to
eligible programs,
instructional time, credit status, and enrollment status as described in
section 1088 of this title
, the
Secretary
shall promulgate regulations allowing programs enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection to receive such awards.
(r)
Data analysis on access to
Federal student aid
for certain populations
(1)
Development of the system
Within one year of
August 14, 2008
, the
Secretary
shall analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances of students denied
Federal student aid
based on a drug conviction while receiving Federal aid.
(2)
Results from analysis
The results from the analysis of such information shall be made available on a continuous basis via the
Department
website and the Digest of Education Statistics.
(3)
Data updating
The data analyzed under this subsection shall be updated at the beginning of each
award year
and at least one additional time during such
award year
(4)
Report to
Congress
The
Secretary
shall prepare and submit to the
authorizing committees
, in each fiscal year, a report describing the results obtained by the establishment and operation of the data system authorized by this subsection.
(s)
Exception to required registration with the Selective Service System
Notwithstanding
section 3811(f) of title 50
, an individual shall not be ineligible for assistance or a benefit provided under this subchapter if the individual is required under
section 3802 of title 50
to present himself for and submit to registration under such section and fails to do so in accordance with any proclamation issued under such section, or in accordance with any rule or regulation issued under such section.
(t)
Confined or incarcerated individuals
(1)
Definitions
In this subsection:
(A)
Confined or incarcerated individual
The term “
confined or incarcerated individual
”—
(i)
means an individual who is serving a criminal sentence in a Federal, State, or local penal institution, prison, jail, reformatory, work farm, or other similar correctional institution; and
(ii)
does not include an individual who is in a halfway house or home detention or is sentenced to serve only weekends.
(B)
Prison education program
The term “
prison education program
” means an education or training program that—
(i)
is an
eligible program
under this subchapter offered by an
institution of higher education
(as defined in section
1001
or
1002(a)(1)(B)
of this title);
(ii)
is offered by an institution that has been approved to operate in a correctional facility by the appropriate State
department
of corrections or other entity that is responsible for overseeing correctional facilities, or by the
Bureau of Prisons
(iii)
has been determined by the appropriate State
department
of corrections or other entity that is responsible for overseeing correctional facilities, or by the
Bureau of Prisons
, to be operating in the best interest of students, the determination of which shall be made by the State
department
of corrections or other entity or by the
Bureau of Prisons
, respectively, and may be based on—
(I)
rates of
confined or incarcerated individuals
continuing their education post-release;
(II)
job placement rates for such individuals;
(III)
earnings for such individuals;
(IV)
rates of recidivism for such individuals;
(V)
the experience, credentials, and rates of turnover or departure of instructors;
(VI)
the transferability of credits for courses available to
confined or incarcerated individuals
and the applicability of such credits toward related degree or certificate programs; or
(VII)
offering relevant academic and career advising services to participating
confined or incarcerated individuals
while they are confined or incarcerated, in advance of reentry, and upon release;
(iv)
offers transferability of credits to at least 1
institution of higher education
(as defined in section
1001
or
1002(a)(1)(B)
of this title) in the State in which the correctional facility is located, or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release;
(v)
is offered by an institution that has not been subject, during the 5 years preceding the date of the determination, to—
(I)
any suspension, emergency action, or termination of programs under this subchapter;
(II)
any adverse action by the institution’s accrediting agency or association; or
(III)
any action by the State to revoke a license or other authority to operate;
(vi)
satisfies any applicable educational requirements for professional licensure or certification, including licensure or certification examinations needed to practice or find employment in the sectors or occupations for which the program prepares the individual, in the State in which the correctional facility is located or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release; and
(vii)
does not offer education that is designed to lead to licensure or employment for a specific job or occupation in the State if such job or occupation typically involves prohibitions on the licensure or employment of formerly incarcerated individuals in the State in which the correctional facility is located, or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release.
(2)
Technical assistance
The
Secretary
, in collaboration with the Attorney General, shall provide technical assistance and guidance to the
Bureau of Prisons
, State
departments
of corrections, and other entities that are responsible for overseeing correctional facilities in making determinations under paragraph (1)(B)(iii).
(3)
Federal Pell Grant eligibility
Notwithstanding subsection (a), in order for a
confined or incarcerated individual
who otherwise meets the eligibility requirements of this subchapter to be eligible to receive a Federal Pell Grant under
section 1070a of this title
, the individual shall be enrolled or accepted for enrollment in a
prison education program.
(4)
Evaluation
(A)
In general
Not later than 1 year after
December 27, 2020
, in order to evaluate and improve the impact of activities supported under this subsection, the
Secretary,
in partnership with the Director of the
Institute of Education Sciences
, shall award 1 or more grants or contracts to, or enter into cooperative agreements with, experienced public and private institutions and organizations to enable the institutions and organizations to conduct an external evaluation that shall—
(i)
assess the ability of
confined or incarcerated individuals
to access and complete the Free Application for
Federal Student Aid
(ii)
examine in-custody outcomes and post-release outcomes related to providing Federal Pell Grants to
confined or incarcerated individuals
, including—
(I)
attainment of a postsecondary degree or credential;
(II)
safety in penal institutions with
prison education programs
(III)
the size of waiting lists for
prison education programs
(IV)
the extent to which such individuals continue their education post-release;
(V)
employment and earnings outcomes for such individuals; and
(VI)
rates of recidivism for such individuals;
(iii)
track individuals who received Federal Pell Grants under subpart 1 of part A at 1, 3, and 5 years after the individuals’ release from confinement or incarceration; and
(iv)
examine the extent to which institutions provide re-entry or relevant career services to participating
confined or incarcerated individuals
as part of the
prison education program
and the efficacy of such services, if offered.
(B)
Report
Beginning not later than 1 year after the
Secretary
awards the grant, contract, or cooperative agreement described in subparagraph (A) and annually thereafter, each
institution of higher education
operating a
prison education program
under this subsection shall submit a report to the
Secretary
on activities assisted and students served under this subsection, which shall include the information, as applicable, contained in clauses (i) through (iv) of subparagraph (A).
(5)
Report
Not later than 1 year after
December 27, 2020
, and on at least an annual basis thereafter, the
Secretary
shall submit to the
authorizing committees,
and make publicly available on the website of the
Department,
a report on the—
(A)
impact of this subsection which shall include, at a minimum—
(i)
the names and types of institutions of higher education offering
prison education programs
at which
confined or incarcerated individuals
are enrolled and receiving Federal Pell Grants;
(ii)
the number of
confined or incarcerated individuals
receiving Federal Pell Grants through each
prison education program;
(iii)
the amount of Federal Pell Grant expenditures for each
prison education program
(iv)
the average amount of Federal Pell Grant expenditures per full-time equivalent students in a
prison education program
compared to the average amount of Federal Pell Grant expenditures per full-time equivalent students not in
prison education programs
(v)
the demographics of
confined or incarcerated individuals
receiving Federal Pell Grants;
(vi)
the
cost of attendance
for such individuals;
(vii)
the mode of instruction (such as
distance education
, in-person instruction, or a combination of such modes) for each
prison education program
(viii)
information on the academic outcomes of such individuals (such as credits attempted and earned, and credential and degree completion) and any information available from student satisfaction surveys conducted by the applicable institution or correctional facility;
(ix)
information on post-release outcomes of such individuals, including, to the extent practicable, continued postsecondary enrollment, earnings, credit transfer, and job placement;
(x)
rates of recidivism for
confined or incarcerated individuals
receiving Federal Pell Grants;
(xi)
information on transfers of
confined or incarcerated individuals
between
prison education programs;
(xii)
the most common programs and courses offered in
prison education programs
; and
(xiii)
rates of instructor turnover or departure for courses offered in
prison education programs
(B)
results of each
prison education program
at each
institution of higher education,
including the information described in clauses (ii) through (xiii) of subparagraph (A); and
(C)
findings regarding best practices with respect to
prison education programs
Pub. L. 89–329, title IV, § 484
, as added
Pub. L. 99–498, title IV, § 407(a)
Oct. 17, 1986
100 Stat. 1479
; amended
Pub. L. 99–603, title I, § 121(a)(3)
Nov. 6, 1986
100 Stat. 3388
Pub. L. 100–50, § 15(7)
–(9),
June 3, 1987
101 Stat. 356
, 357;
Pub. L. 100–369
, §§ 1, 2, 6,
July 18, 1988
102 Stat. 835
, 836;
Pub. L. 100–525, § 2(g)
Oct. 24, 1988
102 Stat. 2611
Pub. L. 101–508, title III, § 3005(a)
Nov. 5, 1990
104 Stat. 1388–27
Pub. L. 102–26, § 2(b)
, (c)(2), (d)(2)(A),
Apr. 9, 1991
105 Stat. 123
, 124;
Pub. L. 102–73, title VIII, § 801(a)
July 25, 1991
105 Stat. 359
Pub. L. 102–325, title IV, § 484(a)
, (b)(1), (c)–(h),
July 23, 1992
106 Stat. 615–619
Pub. L. 103–208, § 2(h)(13)
–(25),
Dec. 20, 1993
107 Stat. 2476
, 2477;
Pub. L. 103–382, title III, § 360A
Oct. 20, 1994
108 Stat. 3969
Pub. L. 104–208, div. C, title V, § 507(b)
Sept. 30, 1996
110 Stat. 3009–673
Pub. L. 105–244, title IV, § 483(a)
–(f)(1),
Oct. 7, 1998
112 Stat. 1735
, 1736;
Pub. L. 109–171, title VIII
, §§ 8020(c), 8021,
Feb. 8, 2006
120 Stat. 178
Pub. L. 109–270, § 2(c)(2)
Aug. 12, 2006
120 Stat. 746
Pub. L. 110–315, title IV, § 485(a)
Aug. 14, 2008
122 Stat. 3287
Pub. L. 111–39, title IV, § 407(b)(4)
July 1, 2009
123 Stat. 1950
Pub. L. 112–74, div. F, title III, § 309(c)(1)
Dec. 23, 2011
125 Stat. 1100
Pub. L. 113–235, div. G, title III, § 309(a)(1)
Dec. 16, 2014
128 Stat. 2504
Pub. L. 114–113, div. H, title III, § 313(1)
Dec. 18, 2015
129 Stat. 2638
Pub. L. 116–91, § 6(b)
Dec. 19, 2019
133 Stat. 1196
Pub. L. 116–260, div. FF, title VII, § 702(n)(1)(A)
Dec. 27, 2020
134 Stat. 3182
.)
[1]
See References in Text note below.
Editorial Notes
References in Text
Section 1078–1 of this title
, referred to in subsec. (b)(2), was repealed by
Pub. L. 103–66, title IV, § 4047(b)
–(d),
Aug. 10, 1993
107 Stat. 364
, eff.
July 1, 1994
, except with respect to loans provided under that section as it existed prior to
Aug. 10, 1993
. Subsequently, a new section 1078–1, relating to voluntary flexible agreements with guaranty agencies, was enacted by
Pub. L. 105–244, title IV, § 418
Oct. 7, 1998
112 Stat. 1691
Act of
August 16, 1937
, commonly known as the
National Apprenticeship Act
, referred to in subsec. (d)(2)(B), is act Aug. 16, 1937, ch. 663,
50 Stat. 664
, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under
section 50 of Title 29
and Tables.
Section 171, referred to in subsec. (d)(2)(B), may have been intended as a reference to section 171 of the Workforce Innovation and Opportunity Act,
Pub. L. 113–128
, which is classified to
section 3226 of Title 29
, Labor. Neither the
National Apprenticeship Act
nor the
Higher Education Act of 1965
contains a section 171.
Subsection (h), referred to in subsec. (i), was redesignated subsec. (g) of this section by
Pub. L. 103–208, § 2(h)(25)
Dec. 20, 1993
107 Stat. 2477
Prior Provisions
A prior section 1091,
Pub. L. 89–329, title IV, § 484
, as added
Pub. L. 96–374, title IV, § 451(a)
Oct. 3, 1980
94 Stat. 1448
Pub. L. 99–272, title XVI, § 16032(a)
, (b),
Apr. 7, 1986
100 Stat. 354
, related to student eligibility for assistance, prior to the general revision of this part by
Pub. L. 99–498
Another prior section 1091,
Pub. L. 89–329, title V, § 501
Nov. 8, 1965
79 Stat. 1254
Pub. L. 90–35, § 2(c)
June 29, 1967
81 Stat. 82
Pub. L. 92–318, title I, § 141(b)(1)
June 23, 1972
86 Stat. 285
, set forth statement of purpose and authorization of appropriations for education professions development program, prior to repeal effective
Sept. 30, 1976
, by
Pub. L. 94–482, title I, § 151(a)(2)
, (b),
Oct. 12, 1976
90 Stat. 2151
Amendments
2020—Subsecs. (n) to (t).
Pub. L. 116–260
added subsecs. (p), (s), and (t), redesignated former subsecs. (o), (p), (s), and (t) as (n), (o), (q), and (r), respectively, and struck out former subsecs. (n) and (r) which related to data base matching and suspension of eligibility for drug-related offenses, respectively.
2019—Subsec. (q).
Pub. L. 116–91
struck out subsec. (q) which authorized the
Secretary
of the Treasury to obtain certain information from the
Internal Revenue Service
regarding applicants’ tax returns and to require consent from such applicants as a condition of receiving assistance. See
section 1098h of this title
2015—Subsec. (d)(2).
Pub. L. 114–113
amended par. (2) generally. Prior to amendment, par. (2) contained a different definition of
“eligible career pathway program”
2014—Subsec. (d).
Pub. L. 113–235
amended subsec. (d) generally. Prior to amendment, text read as follows: “In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this subchapter, the student shall have completed a
secondary school
education in a home school setting that is treated as a home school or private school under State law.”
2011—Subsec. (d).
Pub. L. 112–74
struck out “meet one of the following standards:” after “the student shall”, substituted “have completed” for “(3) The student has completed”, and struck out pars. (1), (2) and (4), which required students to take an independently administered examination, required a State process, or required an
institution of higher education,
respectively, to determine ability of students to benefit from education or training.
2009—Subsec. (a)(4).
Pub. L. 111–39, § 407(b)(4)(A)
, substituted “certification,” for “certification,,” in introductory provisions.
Subsec. (b)(1)(B).
Pub. L. 111–39, § 407(b)(4)(B)
, substituted “have (i)” for “have (A)” and “and (ii)” for “and (B)”.
Subsec. (f)(1).
Pub. L. 111–39, § 407(b)(4)(C)
, amended references in original which appear in text as references to part B, part D, or part E, resulting in text identical to that after execution of
Pub. L. 103–208, § 2(h)(18)
. See 1993 Amendment note for subsec. (g) below.
Subsec. (h)(2), (3).
Pub. L. 111–39, § 407(b)(4)(D)
, substituted “(g)(4)(A)(i)” for “(h)(4)(A)(i)” in par. (2) and “(g)(4)(B)(i)” for “(h)(4)(B)(i)” in par. (3).
Subsec. (n).
Pub. L. 111–39, § 407(b)(4)(E)
, substituted “
section 3811(f) of title 50
” for “
section 1113 of Public Law 97–252
”.
2008—Subsec. (a)(4)(B).
Pub. L. 110–315, § 485(a)(1)(A)
, substituted “number;” for “number, except that the provisions of this subparagraph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau;”.
Subsec. (a)(5).
Pub. L. 110–315, § 485(a)(1)(B)
, inserted “or” after “a permanent resident of the United States,” and substituted “citizen or permanent resident;” for “citizen or permanent resident, a citizen of any one of the
Freely Associated States;
”.
Subsec. (b)(1).
Pub. L. 110–315, § 485(a)(2)
, inserted “, or under
section 1078–8 of this title
pursuant to an exercise of discretion under
section 1087tt of this title
” after “1078–3 of this title”.
Subsec. (d)(4).
Pub. L. 110–315, § 485(a)(3)
, added par. (4).
Subsec. (j).
Pub. L. 110–315, § 485(a)(4)
, struck out subsec. (j). Text read as follows: “Notwithstanding any other provision of law, a student shall be eligible until
September 30, 2004
, for assistance under subparts 1 and 3 of part A, and part C, if the student is otherwise qualified and—
“(1) is a citizen of any one of the
Freely Associated States
and attends an
institution of higher education
in a State or a public or
nonprofit
private
institution of higher education
in the
Freely Associated States;
or
“(2) meets the requirements of subsection (a)(5) of this section and attends a public or
nonprofit
private
institution of higher education
in any one of the
Freely Associated States.
Subsec. (l).
Pub. L. 110–315, § 485(a)(5)
, added subsec. (l) and struck out former subsec. (l) which related to courses offered through telecommunications.
Subsec. (q).
Pub. L. 110–315, § 485(a)(6)
, added subsec. (q) and struck out former subsec. (q) which related to verification of income data.
Subsec. (r)(2)(B), (C).
Pub. L. 110–315, § 485(a)(7)
, added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (s).
Pub. L. 110–315, § 485(a)(8)
, added subsec. (s).
Subsec. (t).
Pub. L. 110–315, § 485(a)(9)
, added subsec. (t).
2006—Subsec. (a)(6).
Pub. L. 109–171, § 8021(a)
, added par. (6).
Subsec. (l)(1)(A).
Pub. L. 109–171, § 8020(c)(1)
, struck out “for a program of study of 1 year or longer” after “recognized certificate” and “unless the total amount of telecommunications and correspondence courses at such institution equals or exceeds 50 percent of the total amount of all courses at the institution” before period at end.
Subsec. (l)(1)(B).
Pub. L. 109–171, § 8020(c)(2)
, amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “An
institution of higher education
referred to in subparagraph (A) is an
institution of higher education—
“(i) that is not an institute or school described in
section 2471(4)(C) of this title
; and
“(ii) for which at least 50 percent of the programs of study offered by the institution lead to the award of a recognized associate, baccalaureate, or graduate degree.”
Subsec. (l)(1)(B)(i).
Pub. L. 109–270
, which directed substitution of reference to
section 2302(C) of this title
for reference to
section 2471(4)(C) of this title
in cl. (i), could not be executed due to general amendment of subpar. (B) by
Pub. L. 109–171
. See above.
Subsec. (q)(1).
Pub. L. 109–171, § 8021(b)
, amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “The
Secretary
of Education, in cooperation with the
Secretary
of the Treasury, is authorized to confirm with the
Internal Revenue Service
the adjusted gross income, Federal income taxes paid, filing status, and exemptions reported by applicants (including parents) under this subchapter on their Federal income tax returns for the purpose of verifying the information reported by applicants on student financial aid applications.”
Subsec. (r)(1).
Pub. L. 109–171, § 8021(c)
, amended heading and text of introductory provisions generally. Prior to amendment, text of introductory provisions read as follows: “A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this subchapter during the period beginning on the date of such conviction and ending after the interval specified in the following table:”.
1998—Subsec. (a)(4).
Pub. L. 105–244, § 483(a)(1)
, substituted “the
Secretary,
as part of the original financial aid application process, a certification,” for “the
institution of higher education
which the student intends to attend, or is attending (or in the case of a loan or loan guarantee with the lender), a document” in introductory provisions.
Subsec. (a)(5).
Pub. L. 105–244, § 483(a)(2)
, substituted “a citizen of any one of the
Freely Associated States”
for “or a permanent resident of the Trust Territory of the Pacific Islands, Guam, or the Northern Mariana Islands”.
Subsec. (d).
Pub. L. 105–244, § 483(b)
, struck out “either” after “shall meet” in introductory provisions and added par. (3).
Subsec. (j).
Pub. L. 105–244, § 483(c)
, amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of law, a student shall be eligible, if otherwise qualified, for assistance under subparts 1, 3, and 6, and division 1 of subpart 2, of part A, and part C, of this subchapter, if the student is otherwise qualified and—
“(1) is a citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, and attends an
institution of higher education
in a State or a public or
nonprofit
private
institution of higher education
in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau; or
“(2) meets the requirements of subsection (a)(5) of this section and attends a public or
nonprofit
private
institution of higher education
in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.”
Subsec. (l)(1).
Pub. L. 105–244, § 483(d)
, amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “A student enrolled in a course of instruction at an eligible
institution of higher education
(other than an institution that meets the definition in
section 2471(4)(C) of this title
) that is offered in whole or in part through telecommunications and leads to a recognized associate, bachelor, or graduate degree conferred by such institution shall not be considered to be enrolled in correspondence courses unless the total amount of telecommunications and correspondence courses at such institution equals or exceeds 50 percent of such courses.”
Subsec. (q).
Pub. L. 105–244, § 483(e)
, added subsec. (q).
Subsec. (r).
Pub. L. 105–244, § 483(f)(1)
, added subsec. (r).
1996—Subsec. (g)(4)(B)(i).
Pub. L. 104–208
amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the institution shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification,”.
1994—Subsec. (j).
Pub. L. 103–382
amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of law, a student who meets the requirements of paragraph (a)(5) of this section or who is a resident of the
freely associated states,
and who attends a public or nonprofit
institution of higher education
located in any of the
freely associated states
rather than a State, shall be eligible, if otherwise qualified, for assistance under subpart 1, 2, or 4 of part A or part C of this subchapter.”
1993—Subsec. (a)(4)(B).
Pub. L. 103–208, § 2(h)(13)
, inserted “, except that the provisions of this subparagraph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau” after “number”.
Subsec. (a)(5).
Pub. L. 103–208, § 2(h)(14)
, substituted “able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident” for “in the United States for other than a temporary purpose and able to provide evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident”.
Subsec. (b)(2)(C).
Pub. L. 103–208, § 2(h)(15)
, added subpar. (C).
Subsec. (b)(3).
Pub. L. 103–208, § 2(h)(16)
, substituted “part B or D of this subchapter” for “part B of this subchapter” in closing provisions.
Subsec. (f).
Pub. L. 103–208, § 2(h)(17)
, (25), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “Notwithstanding any other provision of law, the
Secretary
may not require, or prescribe regulations that require, institutions to verify the accuracy of data used to determine the eligibility for any program under this subchapter for more than 30 percent of the applicants in any
award year.
In carrying out the provisions of this subsection no eligible institution shall be required to verify more than 30 percent of such applicants in any
award year.
Nothing in this subsection shall preclude the
Secretary
from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.”
Subsec. (g).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Pub. L. 103–208, § 2(h)(18)
, which directed insertion of a comma after “, Part D” wherever appearing, was executed by inserting a comma after “, part D” wherever appearing, to reflect the probable intent of
Congress
Subsec. (h).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Pub. L. 103–208, § 2(h)(19)
, substituted “constitute” for “constitutes” in introductory provisions of par. (4)(B).
Subsec. (i).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Pub. L. 103–208, § 2(h)(22)
, struck out par. (4) which read as follows: “because of a fair hearing process described in subsection (h)(5)(B) of this section.”
Pub. L. 103–208, § 2(h)(21)
, substituted “(h)(4)(B)(i)” for “(h)(4)(B)(ii)” and “student.” for “student, or” in par. (3).
Pub. L. 103–208, § 2(h)(20)
, inserted “or” after “documentation,” and substituted “(h)(4)(A)(i)” for “(h)(4)(A)(ii)” in par. (2).
Subsecs. (j) to (m).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsecs. (k) to (n) as (j) to (m), respectively. Former subsec. (j) redesignated (i).
Subsec. (n).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsec. (o) as (n). Former subsec. (n) redesignated (m).
Pub. L. 103–208, § 2(h)(23)
, substituted “parts B, C,” for “part B, C,”.
Subsecs. (o), (p).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsecs. (p) and (q) as (o) and (p), respectively. Former subsec. (o) redesignated (n).
Subsec. (q).
Pub. L. 103–208, § 2(h)(25)
, redesignated subsec. (q) as (p).
Pub. L. 103–208, § 2(h)(24)
, substituted “documented evidence of a social security number that is determined by the institution to be correct” for “a correct social security number” in par. (2).
1992—Subsec. (a)(1).
Pub. L. 102–325, § 484(a)(1)
, inserted “(including a program of study abroad approved for credit by the eligible institution at which such student is enrolled)” after “or other program”.
Subsec. (a)(4).
Pub. L. 102–325, § 484(a)(2)
, added par. (4) and struck out former par. (4) which read as follows: “file with the
institution of higher education
which the student intends to attend, or is attending (or in the case of a loan or loan guarantee with the lender), a statement of educational purpose (which need not be notarized but which shall include such student’s social security number or, if the student does not have a social security number, such student’s student identification number) stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and”.
Subsec. (b)(4).
Pub. L. 102–325, § 484(b)(1)(A)
, substituted “part B, D, or E or work-study assistance under part C” for “part B” in concluding provisions.
Subsec. (b)(5).
Pub. L. 102–325, § 484(b)(1)(B)
, added par. (5).
Subsec. (d).
Pub. L. 102–325, § 484(c)
, amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 2, and 3 of part A and parts B, C, D, and E of this subchapter, the student shall pass an independently administered examination approved by the
Secretary.
Subsec. (f).
Pub. L. 102–325, § 484(d)
, inserted at end “Nothing in this subsection shall preclude the
Secretary
from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.”
Subsec. (g).
Pub. L. 102–325, § 484(e)
, designated existing provisions as par. (1), inserted “, part D” after “part B” in two places and “fraudulently” before “borrowed” in two places, and added par. (2).
Subsec. (h).
Pub. L. 102–325, § 484(f)
, amended subsec. (h) generally. Prior to amendment, subsec. (h) contained pars. (1) to (6) relating to requirements for verification of student immigration status.
Subsec. (k).
Pub. L. 102–325, § 484(h)
, made technical amendment to directory language of
Pub. L. 102–73, § 801(a)
. See 1991 Amendment note below.
Subsecs. (l) to (q).
Pub. L. 102–325, § 484(g)
, added subsecs. (l) to (q).
1991—Subsec. (a)(1).
Pub. L. 102–26, § 2(c)(2)
, inserted before semicolon at end “, and not be enrolled in an elementary or
secondary school”
Subsec. (d).
Pub. L. 102–26, § 2(d)(2)(A)
, repealed
Pub. L. 101–508, § 3005(a)
. See 1990 Amendment note below.
Pub. L. 102–26, § 2(b)
, amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A student who is admitted on the basis of the ability to benefit from the education or training in order to remain eligible for any grant, loan, or work assistance under this subchapter shall—
“(1) receive the general education diploma prior to the student’s certification or graduation from the program of study, or by the end of the first year of the course of study, whichever is earlier;
“(2) be counseled prior to admission and be enrolled in and successfully complete the institutionally prescribed program of remedial or developmental education not to exceed one academic year or its equivalent; or
“(3)(A) be administered a nationally recognized, standardized, or industry developed test, subject to criteria developed by the appropriate accrediting association, measuring the applicant’s aptitude to complete successfully the program to which the applicant has applied; and
“(B) with respect to applicants who are unable to satisfy the institutions’ admissions testing requirements specified in subparagraph (A), be enrolled in and successfully complete an institutionally prescribed program or course of remedial or developmental education not to exceed one academic year or its equivalent.
In order to be eligible for assistance a student cannot be enrolled in either an elementary or a
secondary school
.”
Subsec. (k).
Pub. L. 102–73
, as amended by
Pub. L. 102–325, § 484(h)
, added subsec. (k).
1990—Subsec. (d).
Pub. L. 101–508
, which amended subsec. (d) generally to read: “In order for a student who is admitted on the basis of ability to benefit from the education or training offered to be eligible for any grant, loan, or work assistance under this subchapter, the student shall, prior to enrollment, pass an independently administered examination approved by the
Secretary.
”, was repealed by
Pub. L. 102–26, § 2(d)(2)(A)
. See Construction of 1991 Amendment note below.
1988—Subsec. (a)(1).
Pub. L. 100–369, § 6(1)
, substituted “subsections (b)(3) and (b)(4)” for “subsection (b)(2)”.
Subsec. (b)(1).
Pub. L. 100–369, § 1(1)
, substituted “section 1078–2 or 1078–3” for “section 1078–1, 1078–2, or 1078–3”.
Subsec. (b)(1)(A).
Pub. L. 100–369, § 1(2)
, added subpar. (A) and struck out former subpar. (A) which read as follows: “have received a determination of eligibility or ineligibility for a grant under such subpart 1 for such period of enrollment; or”.
Subsec. (b)(2), (3).
Pub. L. 100–369, § 2
, added par. (2) and redesignated former par. (2) as (3).
Subsec. (b)(4).
Pub. L. 100–369, § 6(2)
, added par. (4).
Subsecs. (c) to (e), (h) to (j).
Pub. L. 100–525
redesignated subsecs. (c) to (e) enacted by
Pub. L. 99–603
as (h) to (j), respectively, and inserted headings, substituted references to subsec. (h) for references to subsec. (c) wherever appearing, and in closing provisions of subsec. (j) substituted “date” for “date of”.
1987—Subsec. (a)(1).
Pub. L. 100–50, § 15(7)(A)
, inserted “, except as provided in subsection (b)(2)” before semicolon at end.
Subsec. (b).
Pub. L. 100–50, § 15(7)(B)
–(D), designated existing provision as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Subsec. (d).
Pub. L. 100–50, § 15(8)
, added pars. (2) and (3) and last sentence relating to ineligibility for assistance if a student is enrolled in either an elementary or a
secondary school,
and struck out former par. (2) which read as follows:
“(A) be counseled prior to admissions or be administered a nationally recognized standardized or industry developed test, subject to criteria developed by the appropriate accrediting association, measuring the applicant’s aptitude to complete successfully the program to which he has applied; and
“(B) with respect to applicants who are unable to satisfy the institution’s admissions testing requirements specified in subparagraph (A), be enrolled in an institutionally prescribed program or course of remedial or developmental education, not to exceed one academic year or its equivalent.”
Subsec. (f).
Pub. L. 100–50, § 15(9)
, inserted at end “In carrying out provisions of this subsection no eligible institution shall be required to verify more than 30 percent of such applications in any
award year.
1986—Subsec. (c).
Pub. L. 99–603
added subsec. (c) requiring immigration status verification.
Subsec. (d).
Pub. L. 99–603
added subsec. (d) limiting enforcement actions against institutions.
Subsec. (e).
Pub. L. 99–603
added subsec. (e) relating to validity of loan guarantees for loan payments made before completion of immigration status verification.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Pub. L. 116–260
effective
July 1, 2024
, except as otherwise expressly provided, and applicable with respect to
award year
2024–2025 and each subsequent
award year,
as determined under this chapter, see
section 701(b) of Pub. L. 116–260
, set out as a note under
section 1001 of this title
Amendment by
Pub. L. 116–260
may be implemented by
Secretary
of Education before (but not later than)
July 1, 2023
, notwithstanding certain provisions, with such date of implementation required to be published in the Federal Register, see
section 702(n)(2) of Pub. L. 116–260
, set out as a note under
section 1078–2 of this title
. Effective date of title VII of div. FF of
Pub. L. 116–260
was changed from
July 1, 2023
, to
July 1, 2024
, by
section 102(a) of Pub. L. 117–103
, see
section 701(b) of div. FF of Pub. L. 116–260
, set out as a note under
section 1001 of this title
. However, the
July 1, 2023
, implementation dates in
section 702(n)(2) of Pub. L. 116–260
were not correspondingly amended.
Effective Date of 2014 Amendment
Pub. L. 113–235, div. G, title III, § 309(a)(2)
Dec. 16, 2014
128 Stat. 2506
, provided that:
“The amendment made by paragraph (1) [amending this section] shall take effect as if such amendment was enacted on
June 30, 2014
, and shall apply to students who are enrolled or who first enroll in an
eligible program
of study on or after
July 1, 2014
.”
Effective Date of 2011 Amendment
Pub. L. 112–74, div. F, title III, § 309(c)(2)
Dec. 23, 2011
125 Stat. 1100
, provided that:
“The amendment made by paragraph (1) [amending this section] shall apply to students who first enroll in a program of study on or after
July 1, 2012
.”
Amendment by
Pub. L. 112–74
effective
July 1, 2012
, see
section 309(g) of Pub. L. 112–74
, set out as a note under
section 1001 of this title
Effective Date of 2009 Amendment
Amendment by
Pub. L. 111–39
effective as if enacted on the date of enactment of
Pub. L. 110–315
Aug. 14, 2008
), see
section 3 of Pub. L. 111–39
, set out as a note under
section 1001 of this title
Effective Date of 2008 Amendment
Pub. L. 110–315, title IV, § 485(b)
Aug. 14, 2008
122 Stat. 3290
, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect on
July 1, 2010
, except that the amendments made by paragraphs (3), (4), and (8) of such subsection shall take effect on the date of enactment of this Act [
August 14, 2008
].”
Effective Date of 2006 Amendment
Amendment by
Pub. L. 109–171
effective
July 1, 2006
, except as otherwise provided, see
section 8001(c) of Pub. L. 109–171
, set out as a note under
section 1002 of this title
Effective Date of 1998 Amendment
Amendment by section 483(a)–(e) of
Pub. L. 105–244
effective
Oct. 1, 1998
, except as otherwise provided in
Pub. L. 105–244
, see
section 3 of Pub. L. 105–244
, set out as a note under
section 1001 of this title
Pub. L. 105–244, title IV, § 483(f)(2)
Oct. 7, 1998
112 Stat. 1737
, provided that:
“The amendment made by paragraph (1) [amending this section], regarding suspension of eligibility for drug-related offenses, shall apply with respect to financial assistance to cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act [
Oct. 7, 1998
].”
Effective Date of 1993 Amendment
Amendment by
Pub. L. 103–208
effective as if included in the
Higher Education Amendments of 1992
Pub. L. 102–325
, except as otherwise provided, see
section 5(a) of Pub. L. 103–208
, set out as a note under
section 1051 of this title
Effective Date of 1992 Amendment
Amendment by section 484(a), (b)(1)(B), and (c) to (h) of
Pub. L. 102–325
effective
July 23, 1992
, except that subsec. (m)(1) of this section, relating to proportion of courses permitted to be correspondence courses, as added by such amendment, effective on and after
Oct. 1, 1992
, see
section 498 of Pub. L. 102–325
, set out as a note under
section 1088 of this title
, and subsec. (n) of this section, relating to eligibility of students with first baccalaureate or professional degree for assistance, as added by such amendment, effective on and after
Dec. 1, 1987
, see
section 484(i) of Pub. L. 102–325
, set out below.
Pub. L. 102–325, title IV, § 484(b)(2)
July 23, 1992
106 Stat. 615
, provided that:
“The amendments made by paragraph (1)(A) of this subsection [amending this section] shall be effective on and after
December 1, 1987
.”
Section 484(i) of Pub. L. 102–325
, as added by
Pub. L. 103–208, § 2(k)(8)
Dec. 20, 1993
107 Stat. 2486
, provided that:
“The amendments made by subsection (g) [
section 484(g) of Pub. L. 102–325
] with respect to the addition of subsection (n) [adding subsec. (n) of this section] shall be effective on and after
December 1, 1987
.”
Effective Date of 1991 Amendment
Amendment by
Pub. L. 102–26
applicable to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after
July 1, 1991
, see
section 2(d)(1) of Pub. L. 102–26
, set out as a note under
section 1085 of this title
Effective Date of 1988 Amendments
Amendment by
Pub. L. 100–525
effective as if included in enactment of
Immigration Reform and Control Act of 1986
Pub. L. 99–603
, see
section 2(s) of Pub. L. 100–525
, set out as a note under
section 1101 of Title 8
, Aliens and Nationality.
Pub. L. 100–369, § 13
July 18, 1988
102 Stat. 838
, provided that:
“(a)
General Rule.—
Except as otherwise provided, the amendments made by this Act to title IV of the
Higher Education Act of 1965
[amending this section and
section 1078–1 of this title
] shall be effective for any loan for which the eligibility of the borrower is certified by the institution 30 days after the date of enactment of this Act [
July 18, 1988
].
“(b)
Special Rules.—
(1)
The amendments made by section 5 [amending this section and sections
1077
and
1078
of this title] shall be effective with respect to loans made on or after
October 1, 1988
“(2)
The amendments made by sections 6, 7, 8, 9, 10, 11, and 12 [amending this section, sections
1058
1061
1062
1070a–1
1070a–3
1070a–4
1070a–6
1071
1077
1078
1087–2
1087dd
1087ee
1087nn
1087ss
1087vv
1132d–1
1132g–1
, and
1134m
of this title, and
section 1905 of Title 48
, Territories and Insular Possessions] shall take effect on the date of enactment of this Act [
July 18, 1988
].”
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–50
effective as if enacted as part of the
Higher Education Amendments of 1986
Pub. L. 99–498
, see
section 27 of Pub. L. 100–50
, set out as a note under
section 1001 of this title
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–603
effective
Oct. 1, 1988
, with certain exceptions and qualifications, see section 121(c)(3), (4) of
Pub. L. 99–603
, set out as a note under
section 1320b–7 of Title 42
, The Public Health and Welfare.
Effective Date
Section effective
Oct. 17, 1986
, except as otherwise provided, see
section 2 of Pub. L. 99–498
, set out as a note under
section 1001 of this title
Pub. L. 99–498, title IV, § 407(b)
Oct. 17, 1986
100 Stat. 1494
, provided that:
“(1)
Sections 483(e) and 484(d) of the Act [
20 U.S.C. 1090(e)
, 1091(d)] as amended by this section shall apply to student assistance awarded for periods of enrollment beginning on or after
July 1, 1987
“(2)
The changes made in section 484(a)(1) of the Act [
20 U.S.C. 1091(a)(1)
] shall apply to student assistance awarded for periods of enrollment beginning on or after
July 1, 1987
“(3)
Section 484(c) of the Act [
20 U.S.C. 1091(c)
] as amended by this section shall apply only to student assistance awarded for periods of enrollment beginning on or after
July 1, 1987
, to individuals who were not awarded such assistance for any preceding period of enrollment.
“(4)
Sections 484(f), 485(b), and 487(a)(10) of the Act [
20 U.S.C. 1091(f)
, 1092(b), 1094(a)(10)] as amended by this section shall apply only to periods of enrollment beginning on or after
July 1, 1987
.”
Construction of 1991 Amendment
For repeal of
section 3005 of Pub. L. 101–508
and application of subsec. (d) of this section as if such section 3005 had not been enacted, see
section 2(d)(2)(A) of Pub. L. 102–26
, set out as a note under
section 1088 of this title
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
section 1551 of Title 8
, Aliens and Nationality.
Satisfactory Progress
Pub. L. 99–498, title XIII, § 1301
Oct. 17, 1986
100 Stat. 1579
, as amended by
Pub. L. 100–50, § 23(1)
June 3, 1987
101 Stat. 362
, directed
Secretary,
through the Office of Educational Research and Improvement, to conduct survey over 5-year period ending
Sept. 30, 1991
, on impact on grades of students of amendments made by
Pub. L. 99–498
to subsec. (c) of this section and to submit annual reports to
Congress
of survey, prior to repeal by
Pub. L. 105–332, § 6(a)
Oct. 31, 1998
112 Stat. 3127
Denial of Student Assistance to Certain Noncitizens
Pub. L. 99–498, title XIII, § 1361
Oct. 17, 1986
100 Stat. 1588
, established in
Department of Education
the Alien Youth Education Opportunity Panel and provided for Panel’s composition, duties, reports, administrative and clerical support, compensation and expenses, and access to information, prior to repeal by
Pub. L. 105–332, § 6(a)
Oct. 31, 1998
112 Stat. 3127
Financial Aid to Students Not Deemed Income or Resources for Purposes of Certain
Social Security Act
Programs
Pub. L. 90–575, title V, § 507
Oct. 16, 1968
82 Stat. 1063
, as amended by
Pub. L. 96–88, title III, § 301(a)(1)
Oct. 17, 1979
93 Stat. 677
, provided that:
“For the purpose of any program assisted under title I, IV, X, XIV, XVI, or XIX of the
Social Security Act
[subchapters I, IV, X, XIV, XVI, or XIX of chapter 7 of Title 42, The Public Health and Welfare], no grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the
Secretary
of Education shall be considered to be income or resources.”
CFR Title
Parts
34
600
668
675
676
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