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20 U.S.C. § 1101 — Findings; purpose; and program authority

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

20 U.S.C. § 1101 — Findings; purpose; and program authority

**(a) Findings** Congress makes the following findings: (1) Hispanic Americans are at high risk of not enrolling or graduating from institutions of higher education. (2) Disparities between the enrollment of non-Hispanic white students and Hispanic students in postsecondary education are increasing. Between 1973 and 1994, enrollment of white secondary school graduates in 4-year institutions of higher education increased at a rate two times higher than that of Hispanic secondary school graduates. (3) Despite significant limitations in resources, Hispanic-serving institutions provide a significant proportion of postsecondary opportunities for Hispanic students. (4) Relative to other institutions of higher education, Hispanic-serving institutions are underfunded. Such institutions receive significantly less in State and local funding, per full-time equivalent student, than other institutions of higher education. (5) Hispanic-serving institutions are succeeding in educating Hispanic students despite significant resource problems that— (A) limit the ability of such institutions to expand and improve the academic programs of such institutions; and (B) could imperil the financial and administrative stability of such institutions. (6) There is a national interest in remedying the disparities described in paragraphs (2) and (4) and ensuring that Hispanic students have an equal opportunity to pursue postsecondary opportunities. **(b) Purpose** The purpose of this subchapter is to— (1) expand educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) expand and enhance the academic offerings, program quality, and institutional stability of colleges and universities that are educating the majority of Hispanic college students an

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Source location: Title 20, Chapter 28, § 1101; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Findings** Congress makes the following findings: (1) Hispanic Americans are at high risk of not enrolling or graduating from institutions of higher education. (2) Disparities between the enrollment of non-Hispanic white students and Hispanic students in postsecondary education are increasing. Between 1973 and 1994, enrollment of white secondary school graduates in 4-year institutions of higher education increased at a rate two times higher than that of Hispanic secondary school graduates. (3) Despite significant limitations in resources, Hispanic-serving institutions provide a significant proportion of postsecondary opportunities for Hispanic students. (4) Relative to other institutions of higher education, Hispanic-serving institutions are underfunded. Such institutions receive significantly less in State and local funding, per full-time equivalent student, than other institutions of higher education. (5) Hispanic-serving institutions are succeeding in educating Hispanic students despite significant resource problems that— (A) limit the ability of such institutions to expand and improve the academic programs of such institutions; and (B) could imperil the financial and administrative stability of such institutions. (6) There is a national interest in remedying the disparities described in paragraphs (2) and (4) and ensuring that Hispanic students have an equal opportunity to pursue postsecondary opportunities. **(b) Purpose** The purpose of this subchapter is to— (1) expand educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) expand and enhance the academic offerings, program quality, and institutional stability of colleges and universities that are educating the majority of Hispanic college students and helping large numbers of Hispanic students and other low-income individuals complete postsecondary degrees. **(c) Program authority** The Secretary shall provide grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals.

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

20 U.S.C. § 1102 — Purposes

The purposes of this part are— (1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) to expand the postbaccalaureate academic offerings and enhance the program quality in the institutions of higher education that are educating the majority of Hispanic college students and helping large numbers of Hispanic and low-income students complete postsecondary degrees.

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

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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

20 U.S.C. § 1091 — Student eligibility

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), 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 N

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

20 U.S.C. § 3401 — Congressional findings

The Congress finds that— (1) education is fundamental to the development of individual citizens and the progress of the Nation; (2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex; (3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role; (4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States; (5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home; (6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted; (7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities; (8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education; (9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch

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

20 U.S.C. § 1101 — Findings; purpose; and program authority

Page 748 TITLE 20—EDUCATION § 1101 (5) the differential impact, if any, of the auc- tion among the States, including between rural and non-rural States; and (6) the feasibility of using the mechanism pi- loted to operate the other loan programs under part B of this subchapter. (d) Reports (1) In general The Secretary and the Secretary of the Treasury shall submit to the authorizing com- mittees— (A) not later than September 1, 2010, a pre- liminary report regarding the findings of the evaluation described in subsection (c); (B) not later than September 1, 2012, an in- terim report regarding such findings; and (C) not later than September 1, 2013, a final report regarding such findings. (2) Contents The Secretary shall include, in each report required under subparagraphs (A), (B), and (C) of paragraph (1), any recommendations, that are based on the findings of the evaluation under subsection (c), for— (A) improving the operation and adminis- tration of the auction; and (B) improving the operation and adminis- tration of other loan programs under part B. (Pub. L. 89–329, title IV, § 499, as added Pub. L. 110–84, title VII, § 701, Sept. 27, 2007, 121 Stat. 808; amended Pub. L. 110–315, title IV, § 499, Aug. 14, 2008, 122 Stat. 3328.) Editorial Notes PRIOR PROVISIONS A prior section 1099e, Pub. L. 89–329, title IV, § 499A, as added Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817, which comprised part J of title IV of Pub. L. 89–329 and related to investment in historically Black colleges and universities and other minority- serving institutions, was transferred to section 1067q of this title. AMENDMENTS 2008—Subsec. (b)(3)(B)(iii). Pub. L. 110–315, § 499(1)(A), added cl. (iii). Subsec. (b)(3)(G). Pub. L. 110–315, § 499(1)(B)

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