20 U.S.C. § 1103 — Eligibility; applications

Page 754 TITLE 20—EDUCATION § 1103 Section 1102j, Pub. L. 89–329, title V, § 510A, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 674, authorized appropriations for State and local pro- grams for teacher excellence. PART C—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 110–315, title V, § 502(a)(1), Aug. 14, 2008, 122 Stat. 3331, redesignated part B of this subchapter as part C of this subchapter. PRIOR PROVISIONS A prior part C consisted of sections 1104 to 1104k and related to teacher scholarships and fellowships prior to the general amendment of this subchapter by Pub. L. 105–244. § 1103. Eligibility; applications (a) Institutional eligibility Each Hispanic-serving institution desiring to receive assistance under this subchapter shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the insti- tution is a Hispanic-serving institution as de- fined in section 1101a of this title, along with such other data and information as the Sec- retary may by regulation require. (b) Applications (1) Applications required Any institution which is eligible for assist- ance under this subchapter shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the institution’s need for assistance. Subject to the availability of appropriations to carry out this subchapter, the Secretary may approve an application for a grant under this subchapter only if the Sec- retary determines that— (A) the application meets the require- ments of subsection (c); and (B) the institution is eligible for assistance in accordance with the provisions of this subchapter under which the assistance is sought. (2) Preliminary applications In carrying out paragraph (1), the Secretary may develop a preliminary application for use by Hispanic-serving institutions applying under this subchapter prior to the submission of the principal application. (c) Contents A Hispanic-serving institution, in the institu- tion’s application for a grant, shall— (1) set forth, or describe how the institution will develop, a comprehensive development plan to strengthen the institution’s academic quality and institutional management, and otherwise provide for institutional self-suffi- ciency and growth (including measurable ob- jectives for the institution and the Secretary to use in monitoring the effectiveness of ac- tivities under this subchapter); (2) include a 5-year plan for improving the assistance provided by the Hispanic-serving institution to Hispanic students and other low-income individuals; (3) set forth policies and procedures to en- sure that Federal funds made available under this subchapter for any fiscal year will be used to supplement and, to the extent practical, in- crease the funds that would otherwise be made available for the purposes of section 1101(b) of this title, and in no case supplant those funds; (4) set forth policies and procedures for eval- uating the effectiveness in accomplishing the purpose of the activities for which a grant is sought under this subchapter; (5) provide for such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of and accounting for funds made available to the institution under this subchapter; (6) provide that the institution will comply with the limitations set forth in section 1103e of this title; (7) describe in a comprehensive manner any proposed project for which funds are sought under the application and include— (A) a description of the various compo- nents of the proposed project, including the estimated time required to complete each such component; (B) in the case of any development project that consists of several components (as de- scribed by the institution pursuant to sub- paragraph (A)), a statement identifying those components which, if separately fund- ed, would be sound investments of Federal funds and those components which would be sound investments of Federal funds only if funded under this subchapter in conjunction with other parts of the development project (as specified by the institution); (C) an evaluation by the institution of the priority given any proposed project for which funds are sought in relation to any other projects for which funds are sought by the institution under this subchapter, and a similar evaluation regarding priorities among the components of any single pro- posed project (as described by the institu- tion pursuant to subparagraph (A)); (D) a detailed budget showing the manner in which funds for any proposed project would be spent by the institution; and (E) a detailed description of any activity which involves the expenditure of more than $25,000, as identified in the budget referred to in subparagraph (D); (8) provide for making reports, in such form and containing such information, as the Sec- retary may require to carry out the Sec- retary’s functions under this subchapter, in- cluding not less than one report annually set- ting forth the institution’s progress toward achieving the objectives for which the funds were awarded and for keeping such records and affording such access to such records, as the Secretary may find necessary to assure the correctness and verification of such reports; and (9) include such other information as the Secretary may prescribe. (d) Priority With respect to applications for assistance under this section, the Secretary shall give pri- 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 this subchapter by Pub. L. 102–325. Another prior section 1103, Pub. L. 89–329, title V, § 513, Nov. 8, 1965, 79 Stat. 1256; Pub. L. 90–35, § 3(a)(3), (c)–(f), June 29, 1967, 81 Stat. 85, 86; Pub. L. 91–230, title VIII, §§ 803, 804(c), (d), 805(b), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 93–380, title VIII, § 835(a)(2), (3), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94–482, title I, §§ 151(a)(5)(C), 152(b)–(d), Oct. 12, 1976, 90 Stat. 2152, 2153; Pub. L. 96–374, title V, § 502(a)–(d), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1459, 1503, related to recruitment, enrollment, training, etc., of members for program, prior to repeal by Pub. L. 97–35, title V, § 587(a)(2), Aug. 13, 1981, 95 Stat. 480. A prior section 521 of Pub. L. 89–329 was classified to section 1104 of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 521 of Pub. L. 89–329 was classi- fied to section 1105 of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 521 of Pub. L. 89–329 was classi- fied to section 1111 of this title, prior to repeal by Pub. L. 94–482. AMENDMENTS 2008—Subsec. (b)(1)(A). Pub. L. 110–315, § 503, sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’. Subsec. (c)(6). Pub. L. 110–315, § 502(b)(2), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1103e of this title. § 1103a. Waiver authority and reporting require- ment (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 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 insti- tution’s total student population; (3) that is contributing substantially to in- creasing higher education opportunities for educationally disadvantaged, underrep- resented, 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 deter- mines that the waiver will substantially in- crease higher education opportunities appro- priate 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 if the Secretary determines, based on per- suasive evidence submitted by the institution, that the institution’s failure to meet the re- quirements 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 eligi- ble institution under part A is otherwise con- sistent with the purposes of this subchapter. (2) Expenditures The Secretary shall submit to Congress every other year a report concerning the insti- tutions that, although not satisfying the re- quirements of section 1101a(a)(2)(A)(ii) of this title, have been determined to be eligible in- stitutions under part A. Such report shall— (A) identify the factors referred to in para- graph (1) that were considered by the Sec- retary as factors that distorted the deter- mination of compliance with clauses (i) and (ii) of section 1101a(a)(2)(A) of this title; and (B) contain a list of each institution deter- mined to be an eligible institution under part A including a statement of the reasons for each such determination. (Pub. L. 89–329, title V, § 522, formerly § 512, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1772; renumbered § 522, Pub. L. 110–315, title V, § 502(a)(2), Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 1103a, Pub. L. 89–329, title V, § 512, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 674, related to eligible recipients, prior to the gen- eral amendment of this subchapter by Pub. L. 105–244. Another prior section 1103a, Pub. L. 89–329, title V, § 512, as added Pub. L. 99–498, title V, § 501(a), Oct. 17,