---
kind: "section"
citation: "34 C.F.R. § 206.5"
title: "34"
number: "206.5"
heading: "What definitions apply to these programs?"
url: "https://uscodex.org/cfr/34/206.5"
---

# §206.5. What definitions apply to these programs?

- (a) **Definitions in EDGAR.** The following terms used in this part are defined in [34 CFR 77.1(c)](/cfr/34/77.1.md?p=c) (EDGAR, Definitions):
- (b) **Definitions in the grants administration regulations.** The following terms used in this part are defined in [2 CFR part 200](/cfr/2/part200.md), as adopted in [2 CFR part 3474](/cfr/2/part3474.md):
- (c) **Program definitions.** The following additional definitions apply specifically to HEP and CAMP:
  - (1) Act means the Higher Education Act of 1965, as amended.
  - (2) **Agricultural activity—** means:
    - (i) Any activity directly related to the production of crops, dairy products, poultry, or livestock;
    - (ii) Any activity directly related to the cultivation or harvesting of trees; or
    - (iii) **Any activity directly related to fish farms.**
  - (3) Farmwork means any agricultural activity, performed for either wages or personal subsistence, on a farm, ranch, or similar establishment.
  - (4) **Full-time,—** with respect to an individual, means a student who is carrying a full-time academic workload, as defined in [34 CFR part 690](/cfr/34/part690.md) (regulations for the Pell Grant Program).
  - (5) Immediate family member means one or more of the following:
    - (i) **A spouse.**
    - (ii) **A parent, step-parent, adoptive parent, foster parent, or anyone with guardianship.**
    - (iii) **Any person who—**
      - (A) Claims the individual as a dependent on a Federal income tax return for either of the previous two years, or
      - (B) Resides in the same household as the individual, supports that individual financially, and is a relative of that individual.
  - (6) Institution of higher education means an educational institution that:
    - (i) Is in a State;
    - (ii) Is authorized by that State to provide a program of education beyond secondary school;
    - (iii) Is a public or nonprofit institution;
    - (iv) **Admits as a regular student only a person who—**
      - (A) Has a secondary school diploma;
      - (B) Has the recognized equivalent of a secondary school diploma; or
      - (C) Is beyond the age of compulsory school attendance in that State and has the ability to benefit from the training offered by the institution;
    - (v) **Provides—**
      - (A) An educational program for which it awards a bachelor's degree; or
      - (B) At least a two-year program that is acceptable for full credit toward a bachelor's degree;
    - (vi)
      - (A) Is accredited by a nationally recognized accrediting agency or association;
      - (B) Has satisfactorily assured the Secretary that it will meet the accreditation standards of a nationally recognized accrediting agency or association within a reasonable time considering the resources available to the institution, the period of time, if any, it has operated, and its effort to meet accreditation standards; or
      - (C) Has its credits accepted on transfer by at least three accredited institutions on the same basis as those institutions accept transfer credits from fully accredited institutions.
  - (7) Migrant farmworker means a seasonal farmworker—as defined in [paragraph (c)(8)](#c-8) of this section—whose employment required travel that precluded the farmworker from returning to his or her domicile (permanent place of residence) within the same day.
  - (8) Seasonal farmworker means a person whose primary employment was in farmwork on a temporary or seasonal basis (that is, not a constant year-round activity) for a period of at least 75 days within the past 24 months.
- (d) **Other definitions.** For purposes of determining program eligibility under [§ 206.3(a)(2)](/cfr/34/206.3.md?p=a-2), the definitions in [34 CFR 200.81](/cfr/34/200.81.md) (Title I—Migrant Education Program) and [20 CFR 633.104](/cfr/20/633.104.md) (Employment and Training Administration, Department of Labor—Migrant and Seasonal Farmworker Programs) apply.

## Notes

### Amendments

[46 FR 35075, July 6, 1981, as amended at 52 FR 24920, July 1, 1987; 57 FR 60407, Dec. 18, 1992; 75 FR 65770, Oct. 26, 2010; 79 FR 76095, Dec. 19, 2014]

### Authority

Authority: 20 U.S.C. 1070d-2, unless otherwise noted.

### Source

Source: 46 FR 35075, July 6, 1981, unless otherwise noted.

### Amendments

[46 FR 35075, July 6, 1981, as amended at 52 FR 24920, July 1, 1987; 57 FR 60407, Dec. 18, 1992; 75 FR 65770, Oct. 26, 2010; 79 FR 76095, Dec. 19, 2014]