Institution of Higher Education for Purposes of Student Assistance Programs Law and Legal Definition
(1) Inclusion of additional institutions - According to 20 USCS § 1002 (Title 20, Education; Chapter 28, Higher Education Resources and Student Assistance; General Provisions; Definitions), “the term "institution of higher education" for purposes of title IV [20 USCS §§ 1070 et seq.] includes, in addition to the institutions covered by the definition in section 101 [20 USCS § 1001]--
(A) a proprietary institution of higher education (as defined in subsection (b) of this section);
(B) a postsecondary vocational institution (as defined in subsection (c) of this section); and
(C) only for the purposes of part B of title IV [20 USCS §§ 1071 et seq.], an institution outside the United States that is comparable to an institution of higher education as defined in section 101 [20 USCS § 1001] and that has been approved by the Secretary for the purpose of part B of title IV [20 USCS §§ 1071 et seq.].
(2) Institutions outside the United States.
(A) In general. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 101 [20 USCS § 1001] (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 101(a)(4) [20 USCS § 1001(a)(4)]). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of title IV [20 USCS §§ 1071 et seq.] unless--
(i) in the case of a graduate medical school located outside the United States--
(I) (aa) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) [20 USCS § 1091(a)(5)] in the year preceding the year for which a student is seeking a loan under part B of title IV [20 USCS §§ 1071 et seq.]; and
(bb) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV [20 USCS §§ 1071 et seq.]; or
(II) the institution has a clinical training program that was approved by a State as of January 1, 1992; or
(ii) in the case of a veterinary school located outside the United States that does not meet the requirements of section 101(a)(4) [20 USCS § 1001(a)(4), the institution's students complete their clinical training at an approved veterinary school located in the United States.
(B) Advisory panel.
(i) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall--
(I) evaluate the standards of accreditation applied to applicant foreign medical schools; and
(II) determine the comparability of those standards to standards for accreditation applied to United States medical schools.
(ii) Special rule. If the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 101 [20 USCS § 1001].
(iii) Report.
(I) In general. Not later than 1 year after the date of enactment of the Higher Education Opportunity Act [enacted Aug. 14, 2008], the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part B of title IV [20 USCS §§ 1071 et seq.] for graduate medical schools that--
(aa) are located outside of the United States;
(bb) do not meet the requirements of subparagraph (A)(i); and
(cc) have a clinical training program approved by a State prior to January 1, 2008.
(II) Recommendations. In the report described in subclause (I), the advisory panel's eligibility criteria shall include recommendations regarding the appropriate levels of performance for graduate medical schools described in such subclause in the following areas:
(aa) Entrance requirements.
(bb) Retention and graduation rates.
(cc) Successful placement of students in United States medical residency programs.
(dd) Passage rate of students on the United States Medical Licensing Examination.
(ee) The extent to which State medical boards have assessed the quality of such school's program of instruction, including through on-site reviews.
(ff) The extent to which graduates of such schools would be unable to practice medicine in 1 or more States, based on the judgment of a State medical board.
(gg) Any areas recommended by the Comptroller General of the United States under section 1101 of the Higher Education Opportunity Act [unclassified].
(hh) Any additional areas the Secretary may require.
(III) Minimum eligibility requirement. In the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb), as amended by section 102(b) of the Higher Education Opportunity Act, shall be a minimum eligibility requirement for a graduate medical school described in subclause (I) to participate in the loan programs under part B of title IV [20 USCS §§ 1071 et seq.].
(IV) Authority. The Secretary may--
(aa) not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate medical schools described in such subclause to participate in the loan programs under part B of title IV [20 USCS §§ 1071 et seq.] based on the recommendations of such report; and
(bb) not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligibility.
(C) Failure to release information - The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of title IV [20 USCS §§ 1071 et seq.].
(D) Special rule. If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under title IV [20 USCS §§ 1070 et seq.], then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B of title IV [20 USCS §§ 1071 et seq.] while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.
(3) Limitations based on course of study or enrollment. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution--
(A) offers more than 50 percent of such institution's courses by correspondence (excluding courses offered by telecommunications as defined in section 484(l)(4) [20 USCS § 1091(l)(4)]), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Career and Technical Education Act of 2006 [20 USCS § 2302(3)(C)];
(B) enrolls 50 percent or more of the institution's students in correspondence courses (excluding courses offered by telecommunications as defined in section 484(l)(4)[20 USCS § 1091(l)(4)]), unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;
(C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary diploma, respectively; or
(D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree or an associate's degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.
(4) Limitations based on management - An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if--
(A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution's management or policies) that files for bankruptcy under chapter 11 of title 11, United States Code [11 USCS §§ 1101 et seq.], between July 1, 1998, and December 1, 1998; or
(B) the institution, the institution's owner, or the institution's chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under title IV [20 USCS §§ 1070 et seq.], or has been judicially determined to have committed fraud involving funds under title IV [20 USCS §§ 1070 et seq.].
(5) Certification - The Secretary shall certify an institution's qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of title IV [20 USCS §§ 1099c et seq.].
(6) Loss of eligibility - An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under title IV [20 USCS §§ 1070 et seq.] as a result of an action pursuant to part H of title IV [20 USCS §§ 1099a et seq.].” (20 USCS § 1002)
Legal Definition list
- Institution of Higher Education
- Institution of Graduate Higher Education
- Institution for Neglected or Delinquent Children and Youth [Education]
- Institution for Higher Education
- Institution for Delinquent Children and Youth [Education]
- Institution of Higher Education for Purposes of Student Assistance Programs
- Institution of Postsecondary Education [Education]
- Institution of Professional Education
- Institution of Undergraduate Higher Education
- Institution Of Vocational Education
- Institution-Affiliated Organization
