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20 U.S.C. § 1095 — Transfer of allotments

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

20 U.S.C. § 1095 — Transfer of allotments

In order to offer an arrangement of types of aid, including institutional and State aid which best fits the needs of each individual student, an institution may (1) transfer a total of 25 percent of the institutions 11 So in original. Probably should be “institution’s”. allotment under [section 1087bb of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087bb&num=0&edition=prelim) to the institution’s allotment under section 1070b–3 or 1087–52 of this title (or both); (2) transfer 25 percent of the institution’s allotment under [section 1087–52 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-52&num=0&edition=prelim) to the institution’s allotment under section 1070b–3 or 1087bb of this title (or both); and (3) transfer 25 percent of the institution’s allotment under [section 1070b–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070b-3&num=0&edition=prelim) to the institution’s allotment under [section 1087–52 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-52&num=0&edition=prelim). Funds transferred to an institution’s allotment under another section may be used as a part of and for the same purposes as funds allotted under that section. The Secretary shall have no control over such transfer, except as specifically authorized, except for the collection and dissemination of information.

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Source location: Title 20, Chapter 28, § 1095; chapter-028-higher-education-resources-and-student-assistance.md

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

20 U.S.C. § 1087bb — Allocation of funds

**(a) Allocation based on previous allocation** (1) From the amount appropriated pursuant to section 1087aa(b) 11 See References in Text note below. of this title for each fiscal year, the Secretary shall first allocate to each eligible institution an amount equal to— (A) 100 percent of the amount received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year), multiplied by (B) the institution’s default penalty, as determined under subsection (e), (2) (A) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 but is not a first or second time participant, an amount equal to the greater of— (i) $5,000; or (ii) 100 percent of the amount received and expended under this part for the first year it participated in the program. (B) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 and is a first or second time participant, an amount equal to the greatest of— (i) $5,000; (ii) an amount equal to (I) 90 percent of the amount received and used under this part in the second preceding fiscal year by eligible institutions offering comparable programs of instruction, divided by (II) the number of students enrolled at such comparable institutions in such fiscal year, multiplied by (III) the number of students enrolled at the applicant institution in such fiscal year; or (iii) 90 percent of the institution’s allocation under this part for the preceding fiscal year. (C) Notwithstanding subparagraphs (A) and

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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. § 1088 — Definitions

**(a) Academic and award year** (1) For the purpose of any program under this subchapter, the term “award year” shall be defined as the period beginning July 1 and ending June 30 of the following year. (2) (A) For the purpose of any program under this subchapter, the term “academic year” shall— (i) require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or (ii) require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and (iii) require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least— (I) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or (II) 900 clock hours in a course of study that measures its program length in clock hours. (B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours. **(b) Eligible program** (1) For purposes of this subchapter, the term “eligible program” means a program of at least— (A) 600 clock hours of instruction, 16 semester hours, or 24 quarter hours, offered during a minimum of 15 weeks, in the case of a program that— (i) provides a program of training to prepare students for gainful employment in a recognized profession; and (ii) admits students who have not completed

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

20 U.S.C. § 1070b–3 — Agreements with institutions; selection of recipients

**(a) Institutional eligibility** Assistance may be made available under this subpart only to an institution which— (1) has, in accordance with [section 1094 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), an agreement with the Secretary applicable to this subpart; (2) agrees that the Federal share of awards under this subpart will not exceed 75 percent of such awards, except that the Federal share may be exceeded if the Secretary determines, pursuant to regulations establishing objective criteria for such determinations, that a larger Federal share is required to further the purpose of this subpart; and (3) agrees that the non-Federal share of awards made under this subpart shall be made from the institution’s own resources, including— (A) institutional grants and scholarships; (B) tuition or fee waivers; (C) State scholarships; and (D) foundation or other charitable organization funds. **(b) Eligibility for selection** Awards may be made under this subpart only to a student who— (1) is an eligible student under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim); and (2) makes application at a time and in a manner consistent with the requirements of the Secretary and that institution. **(c) Selection of individuals and determination of amount of awards** (1) From among individuals who are eligible for supplemental grants for each fiscal year, the institution shall, in accordance with the agreement under [section 1094 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), and within the amount allocated to the institution for that purpose

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

20 U.S.C. § 1087–53 — Grants for Federal work-study programs

**(a) Agreements required** The Secretary is authorized to enter into agreements with institutions of higher education under which the Secretary will make grants to such institutions to assist in the operation of work-study programs as provided in this part. **(b) Contents of agreements** An agreement entered into pursuant to this section shall— (1) provide for the operation by the institution of a program for the part-time employment, including internships, practica, or research assistantships as determined by the Secretary, of its students in work for the institution itself, work in community service or work in the public interest for a Federal, State, or local public agency or private nonprofit organization under an arrangement between the institution and such agency or organization, and such work— (A) will not result in the displacement of employed workers or impair existing contracts for services; (B) will be governed by such conditions of employment as will be appropriate and reasonable in light of such factors as type of work performed, geographical region, and proficiency of the employee; (C) does not involve the construction, operation, or maintenance of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship; and (D) will not pay any wage to students employed under this subpart 11 So in original. Probably should be “part”. that is less than the current Federal minimum wage as mandated by [section 206 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim); (2) provide that funds granted an institution of higher education, pursuant to this section, may be used only to make payments to students participating in work-study programs,

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

20 U.S.C. § 1088a — Clock and credit hour treatment of diploma nursing schools

Notwithstanding any other provision of this chapter, any regulations promulgated by the Secretary concerning the relationship between clock hours and semester, trimester, or quarter hours in calculating student grant, loan, or work assistance under this subchapter, shall not apply to a public or private nonprofit hospital-based school of nursing that awards a diploma at the completion of the school’s program of education.

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

20 U.S.C. § 1095 — Transfer of allotments

Page 714 TITLE 20—EDUCATION § 1094b 1 So in original. Probably should be ‘‘institution’s’’. Subsec. (b)(4). Pub. L. 111–39, § 407(b)(9)(B), added par. (4). 2008—Subsec. (a)(5). Pub. L. 110–315, § 103(b)(13), sub- stituted ‘‘authorizing committees’’ for ‘‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’’. Subsec. (b)(1). Pub. L. 110–315, § 494(1), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘The Secretary may continue any experimental sites in existence on October 7, 1998. Any activities approved by the Secretary prior to October 7, 1998, that are in- consistent with this section shall be discontinued not later than June 30, 1999.’’ Subsec. (b)(2). Pub. L. 110–315, § 494(2), added introduc- tory provisions and struck out former introductory provisions which read as follows: ‘‘The Secretary shall review and evaluate the experience of institutions par- ticipating as experimental sites during the period of 1993 through 1998 under this section (as such section was in effect on the day before October 7, 1998), and shall submit a report based on this review and evalua- tion to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 6 months after October 7, 1998. Such report shall include—’’. Subsec. (b)(3)(A). Pub. L. 110–315, § 494(3)(A), sub- stituted ‘‘The’’ for ‘‘Upon the submission of the report required by paragraph (2), the’’ and inserted ‘‘periodi- cally’’ after ‘‘authorized to’’. Subsec. (b)(3)(B). Pub. L. 110–315, § 494(3)(D), inserted ‘‘, including requirements related to the award process and disbursement of student financial aid (

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