US Codex
U.S.C.
Notes

§1002. Definition of institution of higher education for purposes of student assistance programs — Inbound Citations

20 U.S.C. § 1002

Cited by 89 provisions in release 119-102.

Citations to 20 U.S.C. § 1002 as a whole

Citations to §1002(a)

  • (11) The term “institution of higher education” has the meaning given the term in section 1002(a) of title 20.
  • (A) an institution of higher education (as such term is defined in section 1002(a) of title 20); or
  • (C) provides that periodic installments of principal and interest need not be paid, but interest shall accrue, during any period (i) during which the borrower is pursuing a full-time course of study at an eligible institution (or at an institution defined by section 1002(a) of title 20); (ii) not in excess of four years during which the borrower is a participant in an accredited internship or residency program (including any period in such a program described in subclause (I) or subclause (II) of subparagraph (B)(i)); (iii) not in excess of three years, during which the borrower is a member of the Armed Forces of the United States; (iv) not in excess of three years during which the borrower is in service as a volunteer under the Peace Corps Act [22 U.S.C. 2501 et seq.]; (v) not in excess of three years during which the borrower is a member of the National Health Service Corps; (vi) not in excess of three years during which the borrower is in service as a full-time volunteer under title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.]; (vii) not in excess of 3 years, for a borrower who has completed an accredited internship or residency training program in osteopathic general practice, family medicine, general internal medicine, preventive medicine, or general pediatrics and who is practicing primary care; (viii) not in excess of 1 year, for borrowers who are graduates of schools of chiropractic; (ix) any period not in excess of two years which is described in subparagraph (B)(ii); (x) not in excess of three years, during which the borrower is providing health care services to Indians through an Indian health program (as defined in section 1616a(a)(2)(A) of title 25;1 and (xi) in addition to all other deferments for which the borrower is eligible under clauses (i) through (x), any period during which the borrower is a member of the Armed Forces on active duty during the Persian Gulf conflict, and any period described in clauses (i) through (xi) shall not be included in determining the 25-year period described in subparagraph (B);
  • (2) has been accepted for enrollment or is currently enrolled as a full-time student at an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)));

Citations to §1002(a)(1)

Citations to §1002(a)(1)(B)

Citations to §1002(a)(1)(C)

Citations to §1002(a)(3)(A)

Citations to §1002(a)(3)(B)

Citations to §1002(b)

Citations to §1002(b)(1)

  • (24) In the case of a proprietary institution of higher education (as defined in section 1002(b) of this title), such institution will derive not less than ten percent of such institution’s revenues from sources other than Federal funds that are disbursed or delivered to or on behalf of a student to be used to attend such institution (referred to in this paragraph and subsection (d) as “Federal education assistance funds”), as calculated in accordance with subsection (d)(1), or will be subject to the sanctions described in subsection (d)(2).
  • (1) In making calculations under subsection (a)(24), a proprietary institution of higher education shall—
    (A) use the cash basis of accounting, except in the case of loans described in subparagraph (D)(i) that are made by the proprietary institution of higher education;
    (B) consider as revenue only those funds generated by the institution from—
    (i) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under this subchapter;
    (ii) activities conducted by the institution that are necessary for the education and training of the institution’s students, if such activities are—
    (I) conducted on campus or at a facility under the control of the institution;
    (II) performed under the supervision of a member of the institution’s faculty; and
    (III) required to be performed by all students in a specific educational program at the institution; and
    (iii) funds paid by a student, or on behalf of a student by a party other than the institution, for an education or training program that is not eligible for funds under this subchapter, if the program—
    (I) is approved or licensed by the appropriate State agency;
    (II) is accredited by an accrediting agency recognized by the Secretary; or
    (III) provides an industry-recognized credential or certification;
    (C) presume that any Federal education assistance funds that are disbursed or delivered to or on behalf of a student will be used to pay the student’s tuition, fees, or other institutional charges, regardless of whether the institution credits those funds to the student’s account or pays those funds directly to the student, except to the extent that the student’s tuition, fees, or other institutional charges are satisfied by—
    (i) grant funds provided by non-Federal public agencies or private sources independent of the institution;
    (ii) funds provided under a contractual arrangement with a Federal, State, or local government agency for the purpose of providing job training to low-income individuals who are in need of that training;
    (iii) funds used by a student from savings plans for educational expenses established by or on behalf of the student and which qualify for special tax treatment under title 26; or
    (iv) institutional scholarships described in subparagraph (D)(iii);
    (D) include institutional aid as revenue to the school only as follows:
    (i) in the case of loans made by a proprietary institution of higher education on or after July 1, 2008 and prior to July 1, 2012, the net present value of such loans made by the institution during the applicable institutional fiscal year accounted for on an accrual basis and estimated in accordance with generally accepted accounting principles and related standards and guidance, if the loans
    (I) are bona fide as evidenced by enforceable promissory notes;
    (II) are issued at intervals related to the institution’s enrollment periods; and
    (III) are subject to regular loan repayments and collections;
    (ii) in the case of loans made by a proprietary institution of higher education on or after July 1, 2012, only the amount of loan repayments received during the applicable institutional fiscal year, excluding repayments on loans made and accounted for as specified in clause (i); and
    (iii) in the case of scholarships provided by a proprietary institution of higher education, only those scholarships provided by the institution in the form of monetary aid or tuition discounts based upon the academic achievements or financial need of students, disbursed during each fiscal year from an established restricted account, and only to the extent that funds in that account represent designated funds from an outside source or from income earned on those funds;
    (E) in the case of each student who receives a loan on or after July 1, 2008, and prior to July 1, 2011, that is authorized under section 1078–8 of this title or that is a Federal Direct Unsubsidized Stafford Loan, treat as revenue received by the institution from sources other than funds received under this subchapter, the amount by which the disbursement of such loan received by the institution exceeds the limit on such loan in effect on the day before May 7, 2008; and
    (F) exclude from revenues—
    (i) the amount of funds the institution received under part C, unless the institution used those funds to pay a student’s institutional charges;
    (ii) the amount of funds the institution received under subpart 4 of part A;
    (iii) the amount of funds provided by the institution as matching funds for a program under this subchapter;
    (iv) the amount of funds provided by the institution for a program under this subchapter that are required to be refunded or returned; and
    (v) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges.
  • (A) use the cash basis of accounting, except in the case of loans described in subparagraph (D)(i) that are made by the proprietary institution of higher education;
  • (i) in the case of loans made by a proprietary institution of higher education on or after July 1, 2008 and prior to July 1, 2012, the net present value of such loans made by the institution during the applicable institutional fiscal year accounted for on an accrual basis and estimated in accordance with generally accepted accounting principles and related standards and guidance, if the loans
    (I) are bona fide as evidenced by enforceable promissory notes;
    (II) are issued at intervals related to the institution’s enrollment periods; and
    (III) are subject to regular loan repayments and collections;
  • (ii) in the case of loans made by a proprietary institution of higher education on or after July 1, 2012, only the amount of loan repayments received during the applicable institutional fiscal year, excluding repayments on loans made and accounted for as specified in clause (i); and
  • (iii) in the case of scholarships provided by a proprietary institution of higher education, only those scholarships provided by the institution in the form of monetary aid or tuition discounts based upon the academic achievements or financial need of students, disbursed during each fiscal year from an established restricted account, and only to the extent that funds in that account represent designated funds from an outside source or from income earned on those funds;
  • (A) A proprietary institution of higher education that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in the programs authorized by this subchapter for a period of not less than two institutional fiscal years. To regain eligibility to participate in the programs authorized by this subchapter, a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements under section 1099c of this title for a minimum of two institutional fiscal years after the institutional fiscal year in which the institution became ineligible.
  • (B) In addition to such other means of enforcing the requirements of this subchapter as may be available to the Secretary, if a proprietary institution of higher education fails to meet a requirement of subsection (a)(24) for any institutional fiscal year, then the institution’s eligibility to participate in the programs authorized by this subchapter becomes provisional for the two institutional fiscal years after the institutional fiscal year in which the institution failed to meet the requirement of subsection (a)(24), except that such provisional eligibility shall terminate—
    (i) on the expiration date of the institution’s program participation agreement under this subsection that is in effect on the date the Secretary determines that the institution failed to meet the requirement of subsection (a)(24); or
    (ii) in the case that the Secretary determines that the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years, on the date the institution is determined ineligible in accordance with subparagraph (A).
  • (A) the identity of any proprietary institution of higher education that fails to meet a requirement of subsection (a)(24); and
  • (4) Not later than July 1, 2009, and July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under this subchapter, as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of subsection (a)(24)
    (A) the amount and percentage of such institution’s revenues received from sources under this subchapter; and
    (B) the amount and percentage of such institution’s revenues received from other sources.

Citations to §1002(b)(1)(E)

Citations to §1002(c)

Citations to §1002(c)(1)(C)