20 U.S.C. § 1019d — Self-certification form for private edu-

Page 242 TITLE 20—EDUCATION § 1019c (2) Annual report Each covered institution, and each institu- tion-affiliated organization of such covered in- stitution, that has a preferred lender arrange- ment, shall— (A) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with such covered institution or organiza- tion— (i) the information described in clauses (i) and (ii) of paragraph (1)(A); and (ii) a detailed explanation of why such covered institution or institution-affili- ated organization entered into a preferred lender arrangement with the lender, in- cluding why the terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students at- tending such institution, or the families of such students, as applicable; and (B) ensure that the report required under subparagraph (A) is made available to the public and provided to students attending or planning to attend such covered institution and the families of such students. (3) Code of conduct (A) In general Each covered institution, and each institu- tion-affiliated organization of such covered institution, that has a preferred lender ar- rangement, shall comply with the code of conduct requirements of subparagraphs (A) through (C) of section 1094(a)(25) of this title. (B) Applicable code of conduct For purposes of subparagraph (A), an insti- tution-affiliated organization of a covered institution shall— (i) comply with the code of conduct de- veloped and published by such covered in- stitution under subparagraphs (A) and (B) of section 1094(a)(25) of this title; (ii) if such institution-affiliated organi- zation has a website, publish such code of conduct prominently on the website; and (iii) administer and enforce such code of conduct by, at a minimum, requiring that all of such organization’s agents with re- sponsibilities with respect to education loans be annually informed of the provi- sions of such code of conduct. (Pub. L. 89–329, title I, § 153, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3122; amended Pub. L. 111–39, title I, § 101(b)(6), July 1, 2009, 123 Stat. 1935.) Editorial Notes REFERENCES IN TEXT Section 1638(e) of title 15, referred to in subsec. (a)(2)(B)(ii), was in the original ‘‘section 128(e)’’, and was translated as meaning section 128(e) of Pub. L. 90–321, which is classified to section 1638(e) of title 15, to reflect the probable intent of Congress. AMENDMENTS 2009—Subsec. (a)(1)(B)(iii)(V). Pub. L. 111–39 sub- stituted ‘‘borrowers of loans made under’’ for ‘‘bor- rowers who take out loans under’’ wherever appearing. 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. § 1019c. Loan information to be disclosed and model disclosure form for institutions par- ticipating in the William D. Ford Federal Di- rect Loan Program (a) Provision of disclosures to institutions by the Secretary Not later than 180 days after the development of the model disclosure form under section 1019b(a)(2)(B) of this title, the Secretary shall provide each institution of higher education par- ticipating in the William D. Ford Direct Loan Program under part D of subchapter IV with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or on behalf of, students attending each such in- stitution as is required on such form for loans described in section 1019(3)(A) of this title. (b) Duties of institutions (1) In general Each institution of higher education partici- pating in the William D. Ford Direct Loan Program under part D of subchapter IV shall— (A) make the information the Secretary provides to the institution under subsection (a) available to students attending or plan- ning to attend the institution, or the fami- lies of such students, as applicable; and (B) if the institution provides information regarding a private education loan to a pro- spective borrower, concurrently provide such borrower with the information the Sec- retary provides to the institution under sub- section (a). (2) Choice of forms In providing the information required under paragraph (1), an institution of higher edu- cation may use a comparable form designed by the institution instead of the model disclosure form developed under section 1019b(a)(2)(B) of this title. (Pub. L. 89–329, title I, § 154, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3125.) § 1019d. Self-certification form for private edu- cation loans (a) In general The Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for pri- vate education loans that shall be used to sat- isfy the requirements of section 1638(e)(3) of title 15. Such form shall— (1) be developed in a standardized format; (2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant; (3) contain only disclosures that— Page 243 TITLE 20—EDUCATION § 1021 (A) the applicant may qualify for Federal student financial assistance through a pro- gram under subchapter IV of this chapter, or State or institutional student financial as- sistance, in place of, or in addition to, a pri- vate education loan; (B) the applicant is encouraged to discuss the availability of Federal, State, and insti- tutional student financial assistance with fi- nancial aid officials at the applicant’s insti- tution of higher education; (C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student fi- nancial assistance; and (D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education; (4) include a place to provide information on— (A) the applicant’s cost of attendance at the institution of higher education, as deter- mined by the institution under part F of subchapter IV; (B) the applicant’s estimated financial as- sistance, including amounts of financial as- sistance used to replace the student aid index, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and (C) the difference between the amounts under subparagraphs (A) and (B), as applica- ble; and (5) include a place for the applicant’s signa- ture, in written or electronic form. (b) Limit on liability Nothing in this section shall be construed to create a private right of action against an insti- tution of higher education with respect to the form developed under subsection (a). (Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), Aug. 14, 2008, 122 Stat. 3487; amended Pub. L. 111–39, title I, § 101(b)(7), July 1, 2009, 123 Stat. 1935; Pub. L. 116–260, div. FF, title VII, § 704(1), Dec. 27, 2020, 134 Stat. 3199.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(4)(B). Pub. L. 116–260 substituted ‘‘the student aid index’’ for ‘‘the expected family con- tribution’’. 2009—Subsec. (a)(4). Pub. L. 111–39 added par. (4) and struck out former par. (4) which read as follows: ‘‘in- clude a place to provide information on— ‘‘(A) the applicant’s cost of attendance at the insti- tution of higher education, as determined by the in- stitution under Part F of subchapter IV; ‘‘(B) the applicant’s expected family contribution, as determined under Part F of subchapter IV, as ap- plicable, for students who have completed the free ap- plication for Federal student aid; ‘‘(C) the applicant’s estimated financial assistance, as determined by the institution, in accordance with subchapter IV, as applicable; ‘‘(D) the difference between the amounts under sub- paragraphs (A) and (C), as applicable; and ‘‘(E) the sum of the amounts under subparagraphs (B) and (D), as applicable; and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subse- quent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title. 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. SUBCHAPTER II—TEACHER QUALITY ENHANCEMENT Editorial Notes CODIFICATION Pub. L. 107–110, title X, § 1051(1), Jan. 8, 2002, 115 Stat. 2080, added heading and struck out former heading which read as follows: ‘‘TEACHER QUALITY EN- HANCEMENT GRANTS FOR STATES AND PARTNER- SHIPS’’. PRIOR PROVISIONS A prior title II of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89–329, title II, Nov. 8, 1965, 79 Stat. 1224, and amended by Pub. L. 89–752, Nov. 3, 1966, 80 Stat. 1240; Pub. L. 90–575, Oct. 16, 1968, 82 Stat. 1014; Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 96–49; Aug. 13, 1979, 93 Stat. 351. Title II was ex- tensively revised by Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1383, and was set out in this subchapter as having been added by Pub. L. 96–374, and amended, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312. § 1021. Definitions In this subchapter: (1) Arts and sciences The term ‘‘arts and sciences’’ means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide in- struction; and (B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. (2) Children from low-income families The term ‘‘children from low-income fami- lies’’ means children described in section 6333(c)(1)(A) of this title. (3) Core academic subjects The term ‘‘core academic subjects’’ means English, reading or language arts, mathe- matics, science, foreign languages, civics and government, economics, arts, history, and ge- ography. (4) Early childhood educator The term ‘‘early childhood educator’’ means an individual with primary responsibility for