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

Page 749 TITLE 20—EDUCATION § 1101a (4) Relative to other institutions of higher education, Hispanic-serving institutions are underfunded. Such institutions receive signifi- cantly less in State and local funding, per full- time equivalent student, than other institu- tions of higher education. (5) Hispanic-serving institutions are suc- ceeding 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 admin- istrative 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 offer- ings, program quality, and institutional sta- bility of colleges and universities that are edu- cating the majority of Hispanic college stu- dents 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. (Pub. L. 89–329, title V, § 501, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1765.) Editorial Notes PRIOR PROVISIONS A prior section 1101, Pub. L. 89–329, title V, § 500, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 653, set forth findings of Congress and purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1101, Pub. L. 89–329, title V, § 501, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1495, related to statement of purpose and applicability of this subchapter, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1101, Pub. L. 89–329, title V, § 511, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90–35, § 3(a)(3), (b), June 29, 1967, 81 Stat. 85; Pub. L. 90–575, title II, § 231 (a), (b)(1), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91–230, title VIII, §§ 804(b), 805(a), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 92–318, title I, § 141(a)(1)(A), (c)(1)(C), June 23, 1972, 86 Stat. 284, 285; Pub. L. 93–380, title VIII, § 835(a)(1), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94–482, title I, §§ 151(a)(5)(A), 152(a), Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96–49, § 6(a), Aug. 13, 1979, 93 Stat. 353; Pub. L. 96–374, title V, § 501(a), Oct. 3, 1980, 94 Stat. 1459, set forth statement of purpose and authorization of appropria- tions for Teacher Corps program, prior to repeal by Pub. L. 97–35, title V, § 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. A prior section 501 of Pub. L. 89–329 was classified to section 1102 of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 501 of Pub. L. 89–329 was classi- fied to section 1091 of this title prior to repeal by Pub. L. 94–482. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. NATIONAL JOB BANK FOR TEACHER RECRUITMENT Pub. L. 102–325, title XIV, § 1412, July 23, 1992, 106 Stat. 822, authorized Secretary of Education to conduct study on feasibility of establishing national and re- gional clearinghouses to operate national and regional teacher job banks and to contract one or more entities to establish a national or regional teacher job bank clearinghouse, prior to repeal by Pub. L. 105–332, § 6(b)(2), Oct. 31, 1998, 112 Stat. 3128. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL- BASED DECISIONMAKERS DEMONSTRATION PROGRAM Pub. L. 102–325, title XV, § 1531, July 23, 1992, 106 Stat. 834, authorized Secretary of Education to make grants to local education agencies, in consortia with one or more institutions of higher education, to establish pro- grams to provide training and technical assistance to school-based decisionmakers in local education agen- cies implementing system-wide reform, prior to repeal by Pub. L. 105–332, § 6(b)(3), Oct. 31, 1998, 112 Stat. 3128. § 1101a. Definitions; eligibility (a) Definitions For the purpose of this subchapter: (1) Educational and general expenditures The term ‘‘educational and general expendi- tures’’ 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, oper- ation 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 stu- dents as required by subsection (b); (ii) except as provided in section 1103a(b) of this title, the average educational and general expenditures of which are low, per full-time equivalent undergraduate stu- dent, in comparison with the average edu- cational 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 edu- cational program for which the institu- tion awards a bachelor’s degree; or (II) a junior or community college; (iv) that is accredited by a nationally recognized accrediting agency or associa- tion determined by the Secretary to be re- liable authority as to the quality of train- ing 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 Page 750 TITLE 20—EDUCATION § 1101a (B) any branch of any institution of higher education described under subparagraph (A) that by itself satisfies the requirements con- tained in clauses (i) and (ii) of such subpara- graph. For purposes of the determination of whether an institution is an eligible institution under this paragraph, the factor described under sub- paragraph (A)(i) shall be given twice the weight of the factor described under subpara- graph (A)(ii). (3) Endowment fund The term ‘‘endowment fund’’ means a fund that— (A) is established by State law, by a His- panic-serving institution, or by a foundation that is exempt from Federal income tax- ation; (B) is maintained for the purpose of gener- ating income for the support of the institu- tion; and (C) does not include real estate. (4) Full-time equivalent students The term ‘‘full-time equivalent students’’ means the sum of the number of students en- rolled full time at an institution, plus the full- time equivalent of the number of students en- rolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution. (5) Hispanic-serving institution The term ‘‘Hispanic-serving institution’’ means an institution of higher education that— (A) is an eligible institution; and (B) has an enrollment of undergraduate full-time equivalent students that is at least 25 percent Hispanic students at the end of the award year immediately preceding the date of application. (6) Junior or community college The term ‘‘junior or community college’’ means an institution of higher education— (A) that admits as regular students per- sons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the abil- ity to benefit from the training offered by the institution; (B) that does not provide an educational program for which the institution awards a bachelor’s degree (or an equivalent degree); and (C) that— (i) provides an educational program of not less than 2 years in duration that is acceptable for full credit toward such a de- gree; or (ii) offers a 2-year program in engineer- ing, mathematics, or the physical or bio- logical sciences, designed to prepare a stu- dent to work as a technician or at the semiprofessional level in engineering, sci- entific, or other technological fields re- quiring the understanding and application of basic engineering, scientific, or mathe- matical principles of knowledge. (b) Enrollment of needy students For the purpose of this subchapter, the term ‘‘enrollment of needy students’’ means an en- rollment at an institution with respect to which— (1) at least 50 percent of the degree students so enrolled are receiving need-based assistance under subchapter IV in the second fiscal year preceding the fiscal year for which the deter- mination is made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title); or (2) a substantial percentage of the students so enrolled are receiving Federal Pell Grants in the second fiscal year preceding the fiscal year for which the determination is made, compared to the percentage of students receiv- ing Federal Pell Grants at all such institu- tions in the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this para- graph is waived under section 1103a(a) of this title. (Pub. L. 89–329, title V, § 502, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1766; amended Pub. L. 108–375, div. A, title X, § 1087, Oct. 28, 2004, 118 Stat. 2066; Pub. L. 109–292, § 4(a), Sept. 30, 2006, 120 Stat. 1341; Pub. L. 110–315, title V, § 502(b)(1), Aug. 14, 2008, 122 Stat. 3333; Pub. L. 111–39, title V, § 501, July 1, 2009, 123 Stat. 1953.) Editorial Notes PRIOR PROVISIONS A prior section 1101a, Pub. L. 89–329, title V, § 502, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1496, authorized appropriations for this sub- chapter, prior to the general amendment of this sub- chapter by Pub. L. 102–325. A prior section 502 of Pub. L. 89–329 was classified to section 1102a of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 502 of Pub. L. 89–329 was classi- fied to section 1091a of this title, prior to repeal by Pub. L. 94–482. AMENDMENTS 2009—Subsec. (b)(2). Pub. L. 111–39 substituted ‘‘for which the determination is made, compared to’’ for ‘‘for which determination is made, compared to’’. 2008—Subsecs. (a)(2)(A)(ii), (b)(2). Pub. L. 110–315 made technical amendment to reference in original act which appears in text as reference to section 1103a of this title. 2006—Subsec. (a)(5). Pub. L. 109–292, § 4(a)(1), inserted ‘‘and’’ at end of subpar. (A), in subpar. (B), struck out ‘‘at the time of application,’’ before ‘‘has an enroll- ment’’, substituted ‘‘at the end of the award year im- mediately preceding the date of application.’’ for ‘‘; and’’, and struck out subpar. (C) which read as fol- lows: ‘‘provides assurances that not less than 50 percent of the institution’s Hispanic students are low-income individuals, which assurances— ‘‘(i) may employ statistical extrapolation using ap- propriate data from the Bureau of the Census or other appropriate Federal or State sources; and ‘‘(ii) the Secretary shall consider as meeting the re- quirements of this subparagraph, unless the Sec- retary determines, based on a preponderance of the evidence, that the assurances do not meet the re- quirements.’’ Subsec. (a)(7). Pub. L. 109–292, § 4(a)(2), struck out par. (7) which defined ‘‘low-income individual’’. 2004—Subsec. (a)(5)(C). Pub. L. 108–375 inserted ‘‘, which assurances—’’ and cls. (i) and (ii) before period at end. Page 751 TITLE 20—EDUCATION § 1101b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1101b. Authorized activities (a) Types of activities authorized Grants awarded under this subchapter shall be used by Hispanic-serving institutions of higher education to assist the institutions to plan, de- velop, undertake, and carry out programs to im- prove and expand the institutions’ capacity to serve Hispanic students and other low-income students. (b) Authorized activities Grants awarded under this section shall be used for one or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational pur- poses, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement in classrooms, libraries, lab- oratories, and other instructional facilities. (3) Support of faculty exchanges, faculty de- velopment, curriculum development, academic instruction, and faculty fellowships to assist in attaining advanced degrees in the fellow’s field of instruction. (4) Purchase of library books, periodicals, and other educational materials, including telecommunications program material. (5) Tutoring, counseling, and student service programs designed to improve academic suc- cess, including innovative and customized in- struction courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion. (6) Articulation agreements and student sup- port programs designed to facilitate the trans- fer from two-year to four-year institutions. (7) Funds management, administrative man- agement, and acquisition of equipment for use in strengthening funds management. (8) Joint use of facilities, such as labora- tories and libraries. (9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector. (10) Establishing or improving an endow- ment fund. (11) Creating or improving facilities for Internet or other distance education tech- nologies, including purchase or rental of tele- communications technology equipment or services. (12) Establishing or enhancing a program of teacher education designed to qualify students to teach in public elementary schools and sec- ondary schools. (13) Establishing community outreach pro- grams that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education. (14) Expanding the number of Hispanic and other underrepresented graduate and profes- sional students that can be served by the insti- tution by expanding courses and institutional resources. (15) Providing education, counseling serv- ices, or financial information designed to im- prove the financial literacy and economic lit- eracy of students or the students’ families, es- pecially with regard to student indebtedness and student assistance programs under sub- chapter IV. (16) Other activities proposed in the applica- tion submitted pursuant to section 1101c of this title that— (A) contribute to carrying out the pur- poses of this subchapter; and (B) are approved by the Secretary as part of the review and acceptance of such applica- tion. (c) Endowment fund limitations (1) Portion of grant A Hispanic-serving institution may not use more than 20 percent of the grant funds pro- vided under this subchapter for any fiscal year for establishing or improving an endowment fund. (2) Matching required A Hispanic-serving institution that uses any portion of the grant funds provided under this subchapter for any fiscal year for establishing or improving an endowment fund shall provide from non-Federal funds an amount equal to or greater than the portion. (3) Comparability The provisions of part C of subchapter III re- garding the establishment or increase of an endowment fund, that the Secretary deter- mines are not inconsistent with this sub- section, shall apply to funds used under para- graph (1). (Pub. L. 89–329, title V, § 503, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1768; amended Pub. L. 110–315, title V, § 501, Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 503 of Pub. L. 89–329 was classified to section 1102b of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 503 of Pub. L. 89–329 was classi- fied to section 1091b of this title prior to repeal by Pub. L. 94–482. AMENDMENTS 2008—Subsec. (b)(5). Pub. L. 110–315, § 501(2), inserted ‘‘, including innovative and customized instruction courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion’’ before pe- riod at end. Subsec. (b)(6) to (16). Pub. L. 110–315, § 501(1), (3)–(5), added pars. (6) and (15), redesignated former pars. (6), (7), (8), (9), (10), (11), (12), (13), and (14) as pars. (7), (8), (9), (10), (11), (12), (13), (14), and (16), respectively, and in par. (11), substituted ‘‘distance education technologies’’ for ‘‘distance learning academic instruction capabili- ties’’.