---
kind: "section"
citation: "20 U.S.C. § 4359a"
title: "20"
title_heading: "Education"
number: "4359a"
heading: "International students"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/4359a"
units:
  - "Chapter 55 — Education of the Deaf"
  - "Subchapter II — General Provisions"
---

# §4359a. International students

- (a) **Enrollment—**
  - (1) **In general—** Except as provided in [paragraph (2)](#a-2), effective with new admissions for academic year 1993–1994 and each succeeding academic year, the [University](/usc/20/4351.md?p=7) (including undergraduate and graduate students) and [NTID](/usc/20/4351.md?p=6) shall limit the enrollment of [international students](/usc/20/4351.md?p=1) to approximately 15 percent of the total postsecondary student population enrolled respectively at the [University](/usc/20/4351.md?p=7) or [NTID](/usc/20/4351.md?p=6), except that in any school year no United States citizen who is qualified to be admitted to the [University](/usc/20/4351.md?p=7) or [NTID](/usc/20/4351.md?p=6) and applies for admission to the [University](/usc/20/4351.md?p=7) or [NTID](/usc/20/4351.md?p=6) shall be denied admission because of the admission of an [international student](/usc/20/4351.md?p=1).
  - (2) **Distance learning—** [International students](/usc/20/4351.md?p=1) who participate in distance learning courses that are at the [University](/usc/20/4351.md?p=7) or the [NTID](/usc/20/4351.md?p=6), who are residing outside of the United States, and are not enrolled in a degree program at the [University](/usc/20/4351.md?p=7) or the [NTID](/usc/20/4351.md?p=6) shall—
    - (A) not be counted as [international students](/usc/20/4351.md?p=1) for purposes of the cap on [international students](/usc/20/4351.md?p=1) under [paragraph (1)](#a-1), except that in any school year no United States citizen who applies to participate in distance learning courses that are at the [University](/usc/20/4351.md?p=7) or [NTID](/usc/20/4351.md?p=6) shall be denied participation in such courses because of the participation of an [international student](/usc/20/4351.md?p=1) in such courses; and
    - (B) not be charged a tuition surcharge, as described in [subsection (b)](#b).
- (b) **Tuition surcharge—** Except as provided in subsections [(a)(2)(B)](#a-2-B) and [(c)](#c), the tuition for postsecondary [international students](/usc/20/4351.md?p=1) enrolled in the [University](/usc/20/4351.md?p=7) (including undergraduate and graduate students) or [NTID](/usc/20/4351.md?p=6) shall include, for academic year 2009–2010 and any succeeding academic year, a surcharge of—
  - (1) 100 percent for a postsecondary [international student](/usc/20/4351.md?p=1) from a non-developing country; and
  - (2) 50 percent for a postsecondary [international student](/usc/20/4351.md?p=1) from a developing country, or a country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree program at the [University](/usc/20/4351.md?p=7) or [NTID](/usc/20/4351.md?p=6), except that such a surcharge shall not be adjusted retroactively.
- (c) **Reduction of surcharge—**
  - (1) **In general—** Beginning with the academic year 2009–2010, the [University](/usc/20/4351.md?p=7) or [NTID](/usc/20/4351.md?p=6) may reduce the surcharge—
    - (A) under [subsection (b)(1)](#b-1) from 100 percent to not less than 50 percent if—
      - (i) a student described under [subsection (b)(1)](#b-1) demonstrates need; and
      - (ii) such student has made a good-faith effort to secure aid through such student’s government or other sources; and
    - (B) under [subsection (b)(2)](#b-2) from 50 percent to not less than 25 percent if—
      - (i) a student described under [subsection (b)(2)](#b-2) demonstrates need; and
      - (ii) such student has made a good faith effort to secure aid through such student’s government or other sources.
  - (2) **Development of sliding scale—** The [University](/usc/20/4351.md?p=7) and [NTID](/usc/20/4351.md?p=6) shall develop a sliding scale model that—
    - (A) will be used to determine the amount of a tuition surcharge reduction pursuant to [paragraph (1)](#c-1); and
    - (B) shall be approved by the [Secretary](/usc/20/4351.md?p=4).
- (d) **Definition—** In this section, the term “developing country” means a country with a per-capita income of not more than $5,345, measured in 2005 United States dollars, as adjusted by the [Secretary](/usc/20/4351.md?p=4) to reflect inflation since 2005.

## Source credit

(Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163; amended Pub. L. 103–73, title II, § 204(h), Aug. 11, 1993, 107 Stat. 735; renumbered § 209 and amended Pub. L. 105–244, title IX, § 922, Oct. 7, 1998, 112 Stat. 1832; Pub. L. 110–315, title IX, § 911, Aug. 14, 2008, 122 Stat. 3454.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 209 of Pub. L. 99–371 was renumbered section 208 and is classified to section 4359 of this title.

### Amendments

2008—Subsec. (a). Pub. L. 110–315, § 911(1), designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), effective with” for “Effective with” and “undergraduate” for “preparatory, undergraduate,”, and added par. (2).

Subsecs. (b) to (d). Pub. L. 110–315, § 911(2), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d), which related to tuition surcharge, reduction of surcharge, and definition of “developing country”, respectively.

1998—Subsec. (a). Pub. L. 105–244, § 922(a)(1), substituted “15 percent” for “10 percent” and inserted before period “, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student”.

Subsec. (b). Pub. L. 105–244, § 922(a)(2), substituted “surcharge of 100 percent for the academic year 1999–2000 and any succeeding academic year” for “surcharge of 75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995”.

1993—Subsec. (b). Pub. L. 103–73, § 204(h)(1), substituted “75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995” for “75 percent beginning the academic year 1993–1994, and 90 percent beginning the academic year 1994–1995”.

Subsec. (c). Pub. L. 103–73, § 204(h)(2), substituted “Beginning with the academic year 1993–1994” for “Beginning the academic year 1993–1994 and thereafter” in introductory provisions and redesignated subpars. (A) to (C) as pars. (1) to (3), respectively.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment

Amendment by 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.

### Effective Date

Section effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as an Effective Date of 1992 Amendment note under section 4301 of this title.