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20 U.S.C. § 1103a — Waiver authority and reporting requirement

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1103a — Waiver authority and reporting requirement

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Stable record: federal_law:legal_authorities:record_usc_1c4b75b0752621addef7d1b1
Source file: Laws/federal/codes/united-states-code/title-20/section-1103a-waiver-authority-and-reporting-requirement--906bf3a9ed.md
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Source location: Title 20, Chapter 28, § 1103a; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Waiver requirements; need-based assistance students** The Secretary may waive the requirements set forth in [section 1101a(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a/a/2/A/i&num=0&edition=prelim) in the case of an institution— (1) that is extensively subsidized by the State in which the institution is located and charges low or no tuition; (2) that serves a substantial number of low-income students as a percentage of the institution’s total student population; (3) that is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low-income individuals; (4) which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; or (5) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans. **(b) Waiver determinations; expenditures** (1) **Waiver determinations** — The Secretary may waive the requirements set forth in [section 1101a(a)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a/a/2/A/ii&num=0&edition=prelim) if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet the requirements is due to factors which, when used in the determination of compliance with the requirements, distort such determination, and that the institution’s designation as an eligible institution under part A is otherwise consistent with the purposes of this subchapter. (2) **Expenditures** — The Secretary shall submit to Congress every other year a report concerning the institutions that, although not satisfying the requirements of [section 1101a(a)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a/a/2/A/ii&num=0&edition=prelim), have been determined to be eligible institutions under part A. Such report shall— (A) identify the factors referred to in paragraph (1) that were considered by the Secretary as factors that distorted the determination of compliance with clauses (i) and (ii) of [section 1101a(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a/a/2/A&num=0&edition=prelim); and (B) contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1101a — Definitions; eligibility

**(a) Definitions** For the purpose of this subchapter: (1) **Educational and general expenditures** — The term “educational and general expenditures” means the total amount expended by an institution for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers that the institution is required to pay by law. (2) **Eligible institution** — The term “eligible institution” means— (A) an institution of higher education— (i) that has an enrollment of needy students as required by subsection (b); (ii) except as provided in [section 1103a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1103a/b&num=0&edition=prelim), the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction; (iii) that is— (I) legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelor’s degree; or (II) a junior or community college; (iv) that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or that is, according to such an agency or association, making reasonable progress toward accreditation; (v) that meets such other requirements as the Secretary may prescribe; and (vi) that is located in a State; and (B) any branch of any

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1102a — Program authority and eligibility

**(a) Program authorized** Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in [section 1102b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1102b&num=0&edition=prelim). **(b) Eligibility** For the purposes of this part, an “eligible institution” means an institution of higher education that— (1) is a Hispanic-serving institution (as defined in [section 1101a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a&num=0&edition=prelim)); and (2) offers a postbaccalaureate certificate or postbaccalaureate degree granting program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1102a

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1103a — Waiver authority and reporting require-

Page 755 TITLE 20—EDUCATION § 1103a ority to an application that contains satisfac- tory evidence that the Hispanic-serving institu- tion has entered into or will enter into a col- laborative arrangement with at least one local educational agency or community-based organi- zation to provide such agency or organization with assistance (from funds other than funds provided under this subchapter) in reducing dropout rates for Hispanic students, improving rates of academic achievement for Hispanic stu- dents, and increasing the rates at which His- panic secondary school graduates enroll in high- er education. (e) Eligibility data The Secretary shall use the most recent and relevant data concerning the number and per- centage of students receiving need-based assist- ance under subchapter IV in making eligibility determinations and shall advance the base-year for the determinations forward following each annual grant cycle. (Pub. L. 89–329, title V, § 521, formerly § 511, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1770; renumbered § 521 and amended Pub. L. 110–315, title V, §§ 502(a)(2), (b)(2), 503, Aug. 14, 2008, 122 Stat. 3331, 3333.) Editorial Notes PRIOR PROVISIONS A prior section 1103, Pub. L. 89–329, title V, § 511, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 674, established program of grants for National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1103, Pub. L. 89–329, title V, § 511, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1496, set forth statement of purpose for former part A of this subchapter relating to midcareer teacher training for nontraditional students, prior to the general amendment of

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1103a

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