r/title-20-EDUCATION wiki — defined terms

“high-need early childhood education program” applies throughout its subchapter

The term “high-need early childhood education program” means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency. (10) High-need local educational agency

“high-need local educational agency” applies throughout its subchapter

The term “high-need local educational agency” means a local educational agency— (A) (i) for which not less than 20 percent of the children served by the agency are children from low-income families; (ii) that serves not fewer than 10,000 children from low-income families; (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 7345(b) of this title ; or (iv) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 7351(b) of this title ; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subject areas or grade levels in which the …

“high-need school” applies throughout its subchapter

The term “high-need school” means a school that, based on the most recent data available, meets one or both of the following: (i) The school is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty: (I) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary. (II) The percentage of students eligible for a free or reduced price school lunch under the Richard B.

“induction program” applies throughout its subchapter

The term “induction program” means a formalized program for new teachers during not less than the teachers’ first two years of teaching that is designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the following components: (A) High-quality teacher mentoring.

“limited English proficient” applies throughout its subchapter

The term “limited English proficient” has the meaning given the term “English learner” in section 7801 of this title . (16) Parent

“parent” applies throughout its subchapter

The term “parent” has the meaning given the term in section 7801 of this title . (17) Partner institution

“partner institution” applies throughout its subchapter

The term “partner institution” means an institution of higher education, which may include a two-year institution of higher education offering a dual program with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation program— (A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in …

“principles of scientific research” applies throughout its subchapter

The term “principles of scientific research” means principles of research that— (A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs; (B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and (C) include, appropriate to the research being conducted— (i) use of systematic, empirical methods that draw on observation or experiment; (ii) use of data analyses that are adequate to support the general findings; (iii) reliance on measurements or observational methods that provide reliable and generalizable findings; (iv) strong claims of causal …

“professional development” applies throughout its subchapter

The term “professional development” has the meaning given the term in section 7801 of this title . (20) Scientifically valid research

“scientifically valid research” applies throughout its subchapter

The term “scientifically valid research” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. (21) Teacher mentoring

“teacher mentoring” applies throughout its subchapter

The term “teacher mentoring” means the mentoring of new or prospective teachers through a program that— (A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness; (B) provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports); (C) provides regular and ongoing opportunities for mentors and mentees to observe each …

“teaching residency program” applies throughout its subchapter

The term “teaching residency program” means a school-based teacher preparation program in which a prospective teacher— (A) for one academic year, teaches alongside a mentor teacher, who is the teacher of record; (B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; (C) acquires effective teaching skills; and (D) prior to completion of the program— (i) attains full State certification or licensure and, with respect to special education teachers, …

“teaching skills” applies throughout its subchapter

The term “teaching skills” means skills that enable a teacher to— (A) increase student learning, achievement, and the ability to apply knowledge; (B) effectively convey and explain academic subject matter; (C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills; (D) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on empirically-based practice and scientifically valid research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; and (iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are …

“eligible consortium” applies throughout its subpart

the term “eligible consortium” means a consortium of members that includes the following: (1) Not less than one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching. (2) Not less than one State educational agency or local educational agency. (3) A department, school, or college of education at an institution of higher education. (4) A department, school, or college of arts and sciences at an institution of higher education.

“eligible institution” applies throughout its subpart

The term “eligible institution” means— (A) an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program and that is— (i) a part B institution (as defined in section 1061 of this title ); (ii) a Hispanic-serving institution (as defined in section 1101a of this title ); (iii) a Tribal College or University (as defined in section 1059c of this title ); (iv) an Alaska Native-serving institution (as defined in section 1059d(b) of this title ); (v) a Native Hawaiian-serving institution (as defined in section 1059d(b) of this title ); (vi) a Predominantly Black Institution (as defined in section 1059e of this title ); (vii) an Asian …

“scientifically based reading research” applies throughout its subpart

The term “scientifically based reading research”— (A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and (B) includes research that— (i) employs systemic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and (iv) has been accepted by a peer-reviewed journal or approved …

“eligible partnership” applies in that section

the term “eligible partnership” means a partnership that— (1) shall include— (A) one or more departments or programs at an institution of higher education— (i) that prepare elementary or secondary general education teachers; (ii) that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification; and (iii) the graduates of which meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) …

“adjunct content specialist” applies in that section

the term “adjunct content specialist” means an individual who— (1) meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title ; (2) has demonstrated expertise in mathematics, science, or a critical foreign language, as determined by the local educational agency; and (3) is not the primary provider of instructional services to a student, unless the adjunct content specialist is under the direct supervision of a teacher who meets the applicable State certification and …

“eligible entity” applies in that section

the term “eligible entity” means— (1) a local educational agency; or (2) a partnership consisting of a local educational agency, serving as a fiscal agent, and a public or private educational organization or business.

“eligible institution” applies in that section

the term “eligible institution” means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a doctoral degree. (c) Applications An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

“educational and general expenditures” applies throughout its part

the term “educational and general expenditures” means the total amount expended by an institution of higher education for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law. (b) Eligible institution For the purpose of this part,

“eligible institution” applies throughout its part

the term “eligible institution” means— (1) an institution of higher education— (A) which has an enrollment of needy students as required by subsection (d); (B) except as provided in section 1068a(b) of this title , the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction; (C) which is— (i) legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor’s degree; (ii) a junior or community college; or (iii) the …

“endowment fund” applies throughout its part

the term “endowment fund” means a fund that— (1) is established by State law, by an institution of higher education, or by a foundation that is exempt from Federal income taxation; (2) is maintained for the purpose of generating income for the support of the institution; and (3) does not include real estate. (d) Enrollment of needy students Except as provided in section 1059e(b) of this title , for the purpose of this part,

“enrollment of needy students” applies throughout its part

the term “enrollment of needy students” means an enrollment at an institution of higher education or a junior or community college which includes— (1) at least 50 percent of the degree students so enrolled who are receiving need-based assistance under subchapter IV of this chapter in the second fiscal year preceding the fiscal year for which the determination is being made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title ), or (2) a substantial percentage of students receiving Pell Grants in the second fiscal year preceding the fiscal year for which determination is being made, in comparison with the percentage of students receiving Pell Grants …

“full-time equivalent students” applies throughout its part

the term “full-time equivalent students” means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled 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. (f) Junior or community college For the purpose of this part,

“junior or community college” applies throughout its part

the term “junior or community college” means an institution of higher education— (1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; (2) that does not provide an educational program for which it awards a bachelor’s degree (or an equivalent degree); and (3) that— (A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or (B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as …

“low-income individual” applies throughout its part

the term “low-income individual” means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. (h) Historically black college or university For the purposes of this section, no historically black college or university which is eligible for and receives funds under part B of this subchapter is eligible for or may receive funds under this part.

“Indian” applies in that section

The term “Indian” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [ 25 U.S.C. 1801 ]. (2) Indian tribe

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [ 25 U.S.C. 1801 ]. (3) Tribal College or University

“institution of higher education” applies in that section

The term “institution of higher education” means an institution of higher education as defined in section 1001(a) of this title , except that paragraph (2) of such section shall not apply. (c) Authorized activities (1) In general Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Indian students.

“Tribal College or University” applies in that section

The term “Tribal College or University” means an institution that— (A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq.) or the Navajo Community College Act ( 25 U.S.C. 640a note); 1 or (B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note). (4) Institution of higher education

“Alaska Native” applies in that section

the term “Alaska Native” has the meaning given the term in section 7546 of this title ;

“Alaska Native-serving institution” applies in that section

the term “Alaska Native-serving institution” means an institution of higher education that— (A) is an eligible institution under section 1058(b) of this title ; and (B) at the time of application, has an enrollment of undergraduate students that is at least 20 percent Alaska Native students;

“Native Hawaiian” applies in that section

the term “Native Hawaiian” has the meaning given the term in section 7517 of this title ; and;

“Native Hawaiian-serving institution” applies in that section

the term “Native Hawaiian-serving institution” means an institution of higher education which— (A) is an eligible institution under section 1058(b) of this title ; and (B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Native Hawaiian students. (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Alaska Native-serving institutions and Native Hawaiian-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Alaska Natives or Native Hawaiians.

“eligible institution” applies in that section

The term “eligible institution” means an institution of higher education that— (A) has an enrollment of needy undergraduate students; (B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title ; (C) has an enrollment of undergraduate students that …

“enrollment of needy students” applies in that section

The term “enrollment of needy students” means the enrollment at an eligible institution with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree— (A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year; (B) come from families that receive benefits under a means-tested Federal benefit program; (C) attended a public or nonprofit private secondary school that— (i) is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [ 20 …

“first-generation college student” applies in that section

The term “first-generation college student” has the meaning given the term in section 1070a–11(h) of this title . (4) Low-income individual

“low-income individual” applies in that section

The term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title . (5) Means-tested Federal benefit program

“means-tested Federal benefit program” applies in that section

The term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit. (6) Predominantly Black Institution

“Predominantly Black Institution” applies in that section

The term “Predominantly Black Institution” means an institution of higher education, as defined in section 1001(a) of this title — (A) that is an eligible institution with not less than 1,000 undergraduate students; (B) at which not less than 50 percent of the undergraduate students enrolled at the eligible institution are low-income individuals or first-generation college students; and (C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the eligible institution is licensed to award by the State in which the eligible institution is located. (7) State

“State” applies in that section

The term “State” means each of the 50 States and the District of Columbia. (c) Grant authority (1) In general The Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d). (2) Priority In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections 1 (b)(1)(A) or (b)(1)(C).

“Native American” applies in that section

The term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States. (2) Native American-serving, nontribal institution

“Native American-serving, nontribal institution” applies in that section

The term “Native American-serving, nontribal institution” means an institution of higher education, as defined in section 1001(a) of this title , that, at the time of application— (A) is an eligible institution under section 1058(b) of this title ; (B) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and (C) is not a Tribal College or University (as defined in section 1059c of this title ).

“Asian American” applies in that section

The term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789). (2) Asian American and Native American Pacific Islander-serving institution

“Asian American and Native American Pacific Islander-serving institution” applies in that section

The term “Asian American and Native American Pacific Islander-serving institution” means an institution of higher education that— (A) is an eligible institution under section 1058(b) of this title ; and (B) at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander. (3) Native American Pacific Islander

“Native American Pacific Islander” applies in that section

The term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States. (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.

“graduate” applies throughout its part

The term “graduate” means an individual who has attended an institution for at least three semesters and fulfilled academic requirements for undergraduate studies in not more than 5 consecutive school years.;

“part B institution” applies throughout its part

The term “part B institution” means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation,, 1 except that any branch campus of a southern institution of higher education that prior to September 30, 1986 , received a grant as an institution with special needs under section 1060 of this title and was formally recognized by …

“Pell Grant recipient” applies throughout its part

The term “Pell Grant recipient” means a recipient of financial aid under subpart 1 of part A of subchapter IV of this chapter. (4) The term “professional and academic areas in which Blacks are underrepresented” shall be determined by the Secretary, in consultation with the Commissioner for Education Statistics and the Commissioner of the Bureau of Labor Statistics, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Black Americans who have been educated, trained, and employed is less than the percentage of Blacks in the general population.;

“school year” applies throughout its part

The term “school year” means the period of 12 months beginning July 1 of any calendar year and ending June 30 of the following calendar year.

“school or department of divinity” applies in that section

the term “school or department of divinity” means an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. (2) Not more than 50 percent of the allotment of any institution may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.

“qualified graduate program” applies in that section

the term “qualified graduate program” means a graduate or professional program that provides a program of instruction in law or in the physical or natural sciences, engineering, mathematics, psychometrics, or other scientific discipline in which African Americans are underrepresented and has students enrolled in such program at the time of application for a grant under this section. (B) Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified graduate program.

“eligible institution” applies in that section

The term “eligible institution” means an institution that is an— (I) eligible institution under part A or would be considered to be such an institution if section 1058(b)(1)(C) of this title referred to a postgraduate degree rather than a bachelor’s degree; (II) institution eligible for assistance under part B or would be considered to be such an institution if section 1063 of this title referred to a postgraduate degree rather than a baccalaureate degree; or (III) institution of higher education that makes a substantial contribution to postgraduate medical educational opportunities for minorities and the economically disadvantaged.

“endowment fund” applies in that section

The term “endowment fund” means a fund established by State law, by an institution of higher education, or by a foundation which is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, but which shall not include real estate.;

“endowment fund corpus” applies in that section

The term “endowment fund corpus” means an amount equal to the grant or grants awarded under this section plus an amount equal to such grant or grants provided by the institution.;

“endowment fund income” applies in that section

The term “endowment fund income” means an amount equal to the total value of the endowment fund established under this section minus the endowment fund corpus. (D);

“Advisory Board” applies in that section

The term “Advisory Board” means the Advisory Board established by section 1066f of this title .

“capital project” applies throughout its part

The term “capital project” means, subject to section 1066c(b) of this title , the repair, renovation, or, in exceptional circumstances, the construction or acquisition, of— (A) any classroom facility, library, laboratory facility, dormitory (including dining facilities) or other facility customarily used by colleges and universities for instructional or research purposes or for housing students, faculty, and staff; (B) a facility for the administration of an educational program, or a student center or student union, except that not more than 5 percent of the loan proceeds provided under this part may be used for the facility, center or union if the facility, center or union is owned, …

“designated bonding authority” applies in that section

The term “designated bonding authority” means the private, for-profit corporation selected by the Secretary pursuant to section 1066d(1) of this title for the purpose of issuing taxable capital project construction bonds in furtherance of the purposes of this part.;

“eligible institution” applies throughout its part

The term “eligible institution” means a “part B institution” as that term is defined in section 1061(2) of this title .;

“funding” applies throughout its part

The term “funding” means any payment under this part from the Secretary to the eligible institution or its assignee in fulfillment of the insurance obligations of the Secretary pursuant to an agreement under section 1066b of this title .;

“interest” applies in that section

The term “interest” includes accredited value or any other payment constituting interest on an obligation. (7) The term “outstanding”, when used with respect to bonds, shall not include bonds the payment of which shall have been provided for by the irrevocable deposit in trust of obligations maturing as to principal and interest in such amounts and at such times as will ensure the availability of sufficient moneys to make payments on such bonds.;

“loan” applies throughout its part

The term “loan” means a loan made to an eligible institution under the provisions of this part and pursuant to an agreement with the Secretary.;

“qualified bond” applies throughout its part

The term “qualified bond” means any obligation issued by the designated bonding authority at the direction of the Secretary, the net proceeds of which are loaned to an eligible institution for the purposes described in section 1066b(b) of this title .;

“accredited” applies throughout its part

The term “accredited” means currently certified by a nationally recognized accrediting agency or making satisfactory progress toward achieving accreditation.;

“cooperative grant” applies throughout its part

The term “cooperative grant” means a grant that assists groups of nonprofit accredited colleges and universities to work together to conduct a science improvement program.;

“design projects” applies throughout its part

The term “design projects” means projects that assist minority institutions that do not have their own appropriate resources or personnel to plan and develop long-range science improvement programs.;

“institutional grant” applies throughout its part

The term “institutional grant” means a grant that supports the implementation of a comprehensive science improvement plan, which may include any combination of activities for improving the preparation of minority students for careers in science.;

“minority” applies throughout its part

The term “minority” means American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Pacific Islander or other ethnic group underrepresented in science and engineering.;

“minority institution” applies throughout its part

The term “minority institution” means an institution of higher education whose enrollment of a single minority or a combination of minorities (as defined in paragraph (2)) exceeds 50 percent of the total enrollment. The Secretary shall verify this information from the data on enrollments in the higher education general information surveys (HEGIS) furnished by the institution to the Office for Civil Rights, Department of Education.;

“science” applies throughout its part

The term “science” means, for the purpose of this program, the biological, engineering, mathematical, physical, behavioral, and social sciences, and history and philosophy of science; also included are interdisciplinary fields which are comprised of overlapping areas among two or more sciences.;

“special projects” applies throughout its part

The term “special projects” means— (A) a special project grant to a minority institution which supports activities that— (i) improve the quality of training in science and engineering at minority institutions; or (ii) enhance the minority institutions’ general scientific research capabilities; or (B) a special project grant to any eligible applicant which supports activities that— (i) provide a needed service to a group of eligible minority institutions; or (ii) provide in-service training for project directors, scientists, and engineers from eligible minority institutions.

“underrepresented in science and engineering” applies throughout its part

The term “underrepresented in science and engineering” means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below the comparable figure for scientists and engineers who are white and not of Hispanic origin.;

“Asian American” applies in that section

The term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789). (2) Asian American and Native American Pacific Islander-serving institution

“Asian American and Native American Pacific Islander-serving institution” applies in that section

The term “Asian American and Native American Pacific Islander-serving institution” means an institution of higher education that— (A) is an eligible institution under section 1058(b) of this title ; and (B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander students. (3) Enrollment of needy students

“enrollment of needy students” applies in that section

The term “enrollment of needy students” means the enrollment at an institution of higher education with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree— (A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year; (B) come from families that receive benefits under a means-tested Federal benefit program (as defined in paragraph (5)); (C) attended a public or nonprofit private secondary school— (i) that is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and …

“low-income individual” applies in that section

The term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title . (5) Means-tested Federal benefit program

“means-tested Federal benefit program” applies in that section

The term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the programs’ benefits or the amount of such benefits are determined on the basis of income or resources of the individual or family seeking the benefit. (6) Native American

“Native American” applies in that section

The term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States. (7) Native American Pacific Islander

“Native American Pacific Islander” applies in that section

The term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States. (8) Native American-serving nontribal institution

“Native American-serving nontribal institution” applies in that section

The term “Native American-serving nontribal institution” means an institution of higher education that— (A) at the time of application— (i) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and (ii) is not a Tribal College or University (as defined in section 1059c of this title ); and (B) submits to the Secretary such enrollment data as may be necessary to demonstrate that the institution is described in subparagraph (A), along with such other information and data as the Secretary may by regulation require. (9) Predominantly Black institution

“Predominantly Black institution” applies in that section

The term “Predominantly Black institution” means an institution of higher education that— (A) has an enrollment of needy students as defined by paragraph (3); (B) has an average educational and general expenditure which is low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions of higher education that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title ; (C) has …

“affected institution” applies in that section

The term “affected institution” means an institution of higher education that— (i) is— (I) a part A institution (which term shall have the meaning given the term “eligible institution” under section 1058(b) of this title ); or (II) a part B institution, as such term is defined in section 1061(2) of this title , or as identified in section 1063b(e) of this title ; (ii) is located in an area affected by a Gulf hurricane disaster; and (iii) is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution— (I) incurred physical damage; (II) has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small …

“area affected by a Gulf hurricane disaster” applies in that section

The terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 ( Public Law 109–148 , 119 Stat. 2809 ).

“Gulf hurricane disaster” applies in that section

The terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 ( Public Law 109–148 , 119 Stat. 2809 ).

“adjusted gross income” applies in that section

the term “adjusted gross income” means— (i) in the case of a dependent student, for the second tax year preceding the academic year— (I) the adjusted gross income (as defined in section 62 of title 26 ) of the student’s parents; plus (II) for Federal Pell Grant determinations made for academic years beginning on or after July 1, 2026 , the foreign income (as described in section 1087vv(b)(5) of this title ) of the student’s parents; and (ii) in the case of an independent student, for the second tax year preceding the academic year— (I) the adjusted gross income (as defined in section 62 of title 26 ) of the student (and the student’s spouse, if applicable); plus (II) for Federal Pell Grant …

“family size” applies in that section

the term “family size” has the meaning given the term in section 1087vv(k) of this title ;

“minimum Federal Pell Grant” applies in that section

the term “minimum Federal Pell Grant” means the minimum amount of a Federal Pell Grant that shall be awarded to a student for any academic year in which that student is attending full time, which shall be equal to 10 percent of the total maximum Federal Pell Grant for such academic year.

“poverty line” applies in that section

the term “poverty line” means the poverty line (as determined under the poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 9902(2) of title 42 ) applicable to the student’s family size and applicable to the second tax year preceding the academic year;

“public safety officer” applies in that section

the term “public safety officer” means— (A) a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ); or (B) a fire police officer, defined as an individual who— (i) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; (ii) is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew; and (iii) provides scene security or directs traffic— (I) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or (II) at a planned special event.

“single parent” applies in that section

the term “single parent” means— (i) a parent of a dependent student who was a head of household (as defined in section 2(b) of title 26 ) or a surviving spouse (as defined in section 2(a) of title 26 ) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year; or (ii) an independent student who is a parent and was a head of household (as defined in section 2(b) of title 26 ) or a surviving spouse (as defined in section 2(a) of title 26 ) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year;

“total maximum Federal Pell Grant” applies in that section

the term “total maximum Federal Pell Grant” means the total maximum Federal Pell Grant award per student for any academic year described under subsection (b)(5); and;

“different campus” applies throughout its division

The term “different campus” means a site of an institution of higher education that— (A) is geographically apart from the main campus of the institution; (B) is permanent in nature; and (C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential. (2) Different population

“different population” applies throughout its division

The term “different population” means a group of individuals that an eligible entity desires to serve through an application for a grant under this division, and that— (A) is separate and distinct from any other population that the entity has applied for a grant under this division to serve; or (B) while sharing some of the same needs as another population that the eligible entity has applied for a grant under this division to serve, has distinct needs for specialized services. (3) First generation college student

“first generation college student” applies throughout its division

The term “first generation college student” means— (A) an individual both of whose parents did not complete a baccalaureate degree; or (B) in the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree. (4) Low-income individual

“low-income individual” applies throughout its division

The term “low-income individual” means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.

“eligible entity” applies throughout its division

the term “eligible entity” means— (1) a State; or (2) a partnership— (A) consisting of— (i) one or more local educational agencies; and (ii) one or more degree granting institutions of higher education; and (B) which may include not less than two other community organizations or entities, such as businesses, professional organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4, or other public or private agencies or organizations.

“students with exceptional need” applies in that section

the term “students with exceptional need” means students with the lowest student aid indexes at the institution. (d) Use of funds for less-than-full-time students If the institution’s allocation under this subpart is directly or indirectly based in part on the financial need demonstrated by students who are independent students or attending the institution on less than a full-time basis, then a reasonable proportion of the allocation shall be made available to such students.

“average cost of attendance” applies in that section

the term “average cost of attendance” means the average of the attendance costs for undergraduate students, which shall include (i) tuition and fees determined in accordance with subparagraph (B), (ii) standard living expenses determined in accordance with subparagraph (C), and (iii) books and supplies determined in accordance with subparagraph (D).

“community service” applies throughout its subpart

the term “community service” means services, including direct service, planning, and applied research which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, and which— (1) are designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to the needs of such residents, including but not limited to, such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood …

“low-income student” applies in that section

the term “low-income student” means a student— (A) who is eligible to receive a Federal Pell Grant for the award year for which the determination is made; or (B) who would otherwise be eligible to receive a Federal Pell Grant for the award year for which the determination is made, except that the student fails to meet the requirements of— (i) section 1070a(c)(1) of this title because the student is enrolled in a graduate or first professional course of study; or (ii) section 1091(a)(5) of this title because the student is in the United States for a temporary purpose.

“eligible institution” applies throughout its subpart

The term “eligible institution” means an institution of higher education, as defined in section 1002 of this title , that the Secretary determines— (A) provides high quality teacher preparation and professional development services, including extensive clinical experience as a part of pre-service preparation; (B) is financially responsible; (C) provides pedagogical course work, or assistance in the provision of such coursework, including the monitoring of student performance, and formal instruction related to the theory and practices of teaching; and (D) provides supervision and support services to teachers, or assistance in the provision of such services, including mentoring focused on …

“post-baccalaureate” applies throughout its subpart

The term “post-baccalaureate” means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists of courses required by a State in order for a teacher candidate to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State, except that such term shall not include any program of instruction offered by an eligible institution that offers a baccalaureate degree in education. (3) Teacher candidate

“teacher candidate” applies throughout its subpart

The term “teacher candidate” means a student or teacher described in subparagraph (A) or (B) of section 1070g–2(a)(2) of this title .

“default reduction activities” applies in that section

The term “default reduction activities” means activities to reduce student loan defaults that improve, strengthen, and expand default prevention activities, such as— (i) establishing a program of partial loan cancellation to reward disadvantaged borrowers for good repayment histories with their lenders; (ii) establishing a financial and debt management counseling program for high-risk borrowers that provides long-term training (beginning prior to the first disbursement of the borrower’s first student loan and continuing through the completion of the borrower’s program of education or training) in budgeting and other aspects of financial management, including debt management; (iii) …

“unencumbered non-Federal portion” applies in that section

the term “unencumbered non-Federal portion” means the amount (determined as of the time immediately preceding the making of the advance) of the reserve fund less the greater of— (A) the sum of— (i) advances made under this section prior to July 1, 1968 ; (ii) an amount equal to twice the amount of advances made under this section after June 30, 1968 , and before the advance for purposes of which the determination is made; and (iii) the proceeds of earnings on advances made under this section; or (B) any amount which is required to be maintained in such fund pursuant to State law or regulation, or by agreement with lenders, as a reserve against the insurance of outstanding loans.

“default aversion activities” applies in that section

The term “default aversion activities” means activities of a guaranty agency that are directly related to providing collection assistance to the lender on a delinquent loan, prior to the loan’s being legally in a default status, including due diligence activities required pursuant to regulations of the Secretary. (C) Enrollment and repayment status management

“default collection activities” applies in that section

The term “default collection activities” means activities of a guaranty agency that are directly related to the collection of the loan on which a default claim has been paid to the participating lender, including the due diligence activities required pursuant to regulations of the Secretary. (B) Default aversion activities

“enrollment and repayment status management” applies in that section

The term “enrollment and repayment status management” means activities of a guaranty agency that are directly related to ascertaining the student’s enrollment status, including prompt notification to the lender of such status, an audit of the note or written agreement to determine if the provisions of that note or agreement are consistent with the records of the guaranty agency as to the principal amount of the loan guaranteed, and an examination of the note or agreement to assure that the repayment provisions are consistent with the provisions of this part.

“current repayment status” applies in that section

the term “current repayment status” means that the borrower is not delinquent in the payment of any principal or interest on the loan. (m) Income contingent and income-based repayment (1) Authority of Secretary to require The Secretary may require borrowers who have defaulted on loans made under this part that are assigned to the Secretary under subsection (c)(8) to repay those loans under an income contingent repayment plan or income-based repayment plan, the terms and conditions of which shall be established by the Secretary and the same as, or similar to, an income contingent repayment plan established for purposes of part D of this subchapter or an income-based repayment plan under …

“default” applies in that section

the terms “insurance beneficiary” and “default” have the meanings assigned to them by section 1085 of this title . (5) Applicability to existing loans In the case of any guaranty agreement with a guaranty agency, the Secretary may, in accordance with the terms of this subsection, undertake to guarantee loans described in paragraph (1) which are insured by such guaranty agency and are outstanding on the date of execution of the guaranty agreement, but only with respect to defaults occurring after the execution of such guaranty agreement or, if later, after its effective date.

“excess consolidation proceeds” applies in that section

the term “excess consolidation proceeds” means, with respect to any guaranty agency for any Federal fiscal year beginning on or after October 1, 2009 , the proceeds of consolidation of defaulted loans under this subchapter that exceed 45 percent of the agency’s total collections on defaulted loans in such Federal fiscal year.

“exempt claims” applies in that section

the term “exempt claims” means claims with respect to loans for which it is determined that the borrower (or the student on whose behalf a parent has borrowed), without the lender’s or the institution’s knowledge at the time the loan was made, provided false or erroneous information or took actions that caused the borrower or the student to be ineligible for all or a portion of the loan or for interest benefits thereon. (G) Notwithstanding any other provision of this section, the Secretary shall exclude a loan made pursuant to a lender-of-last-resort program when making reimbursement payment calculations under subparagraphs (B) and (C).

“insurance beneficiary” applies in that section

the terms “insurance beneficiary” and “default” have the meanings assigned to them by section 1085 of this title . (5) Applicability to existing loans In the case of any guaranty agreement with a guaranty agency, the Secretary may, in accordance with the terms of this subsection, undertake to guarantee loans described in paragraph (1) which are insured by such guaranty agency and are outstanding on the date of execution of the guaranty agreement, but only with respect to defaults occurring after the execution of such guaranty agreement or, if later, after its effective date.

“allied health professional” applies in that section

The term “allied health professional” means an allied health professional as defined in section 295p(5) of title 42 who— (A) has graduated and received an allied health professions degree or certificate from an institution of higher education; and (B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services. (2) Audiologist

“audiologist” applies in that section

The term “audiologist” means an individual who— (A) has received, at a minimum, a graduate degree in audiology from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and (B) (i) provides audiology services under subsection ( ll )(2) of section 1395x of title 42 ; or (ii) meets or exceeds the qualifications for a qualified audiologist under subsection ( ll )(4) of such section. (3) Early childhood educator

“early childhood educator” applies in that section

The term “early childhood educator” means an individual who— (A) works directly with children in an eligible preschool program or eligible early childhood education program in a low-income community; (B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and (C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education. (4) Eligible preschool program

“eligible early childhood education program” applies in that section

The term “eligible early childhood education program” means— (A) a family child care program, center-based child care program, State prekindergarten program, school program, or other out-of-home early childhood development care program, that— (i) is licensed or regulated by the State; and (ii) serves two or more unrelated children who are not old enough to attend kindergarten; (B) a Head Start Program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.); or (C) an Early Head Start Program carried out under section 645A of the Head Start Act ( 42 U.S.C. 9840a ). (6) Low-income community

“eligible preschool program” applies in that section

The term “eligible preschool program” means a program that— (A) provides for the care, development, and education of infants, toddlers, or young children age five and under; (B) meets any applicable State or local government licensing, certification, approval, and registration requirements, and (C) is operated by— (i) a public or private school that is supported, sponsored, supervised, or administered by a local educational agency; (ii) a Head Start agency serving as a grantee designated under the Head Start Act ( 42 U.S.C. 9831 et seq.); (iii) a nonprofit or community based organization; or (iv) a child care program, including a home. (5) Eligible early childhood education program

“low-income community” applies in that section

The term “low-income community” means a school attendance area (as defined in section 6313(a)(2)(A) of this title )— (A) in which 70 percent of households earn less than 85 percent of the State median household income; or (B) that includes a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school. (7) Nurse

“nurse” applies in that section

The term “nurse” means a nurse who meets all of the following: (A) The nurse graduated from— (i) an accredited school of nursing (as those terms are defined in section 296 of title 42 ); (ii) a nursing center; or (iii) an academic health center that provides nurse training. (B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting. (C) The nurse holds one or more of the following: (i) A graduate degree in nursing, or an equivalent degree. (ii) A nursing degree from a collegiate school of nursing (as defined in section 296 of title 42 ).

“occupational therapist” applies in that section

The term “occupational therapist” means an individual who— (A) has received, at a minimum, a baccalaureate degree in occupational therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and (B) (i) provides occupational therapy services under section 1395x(g) of title 42 ; or (ii) meets or exceeds the qualifications for a qualified occupational therapist, as determined by State law. (9) Physical therapist

“physical therapist” applies in that section

The term “physical therapist” means an individual who— (A) has received, at a minimum, a graduate degree in physical therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and (B) (i) provides physical therapy services under section 1395x(p) of title 42 ; or (ii) meets or exceeds the qualifications for a qualified physical therapist, as determined by State law. (10) Speech-language pathologist

“speech-language pathologist” applies in that section

The term “speech-language pathologist” means a speech-language pathologist who— (A) has received, at a minimum, a graduate degree in speech-language pathology or communication sciences and disorders from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and (B) provides speech-language pathology services under section 1395x( ll )(1) of title 42, or meets or exceeds the qualifications for a qualified speech-language pathologist under subsection ( ll )(4) of such section.

“civil legal assistance attorney” applies in that section

The term “civil legal assistance attorney” means an attorney who— (A) is a full-time employee of— (i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or (ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under— (I) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.); (II) section 732 or 794e of title 29; (III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C.

“student loan” applies in that section

the term “student loan” means— (i) subject to clause (ii), a loan made, insured, or guaranteed under this part, part D, or part E; and (ii) a loan made under section 1078–3 or 1087e(g) of this title, to the extent that such loan was used to repay— (I) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan; (II) a loan made under section 1078, 1078–2, or 1078–8 of this title; or (III) a loan made under part E. (B) Exclusion of parent plus loans The term “student loan” does not include any of the following loans: (i) A loan made to the parents of a dependent student under section 1078–2 of this title .

“mortgage loan” applies throughout its part

the term “mortgage loan” means an extension of credit to a borrower that is secured by the primary residence of the borrower. (iii) Rule of construction Nothing in this subparagraph shall be construed to limit an eligible lender’s authority under the regulations promulgated pursuant to paragraph (1)(A) to determine that extenuating circumstances exist.

“eligible borrower” applies in that section

the term “eligible borrower” means a borrower who— (i) is not subject to a judgment secured through litigation with respect to a loan under this subchapter or to an order for wage garnishment under section 1095a of this title ; and (ii) at the time of application for a consolidation loan— (I) is in repayment status as determined under section 1078(b)(7)(A) of this title ; (II) is in a grace period preceding repayment; or (III) is a defaulted borrower who has made arrangements to repay the obligation on the defaulted loans satisfactory to the holders of the defaulted loans.

“eligible student loans” applies in that section

the term “eligible student loans” means loans— (A) made, insured, or guaranteed under this part, and first disbursed before July 1, 2010 , including loans on which the borrower has defaulted (but has made arrangements to repay the obligation on the defaulted loans satisfactory to the Secretary or guaranty agency, whichever insured the loans); (B) made under part E of this subchapter; (C) made under part D of this subchapter; (D) made under subpart II of part A of title VII of the Public Health Service Act [ 42 U.S.C. 292q et seq.]; or (E) made under part E of title VIII of the Public Health Service Act [ 42 U.S.C. 297a et seq.].

“record” applies in that section

the term “record” includes any information, document, report, answer, account, paper, or other data or documentary evidence. (4) Audit procedures In conducting audits pursuant to this subsection, the Comptroller General and the Inspector General of the Department of Education shall audit the records to determine the extent to which they, at a minimum, comply with Federal statutes, and rules and regulations prescribed by the Secretary, in effect at the time that the record was made, and in no case shall the Comptroller General or the Inspector General apply subsequently determined standards, procedures, or regulations to the records of such agency, lender, or Authority.

“cohort default rate” applies in that section

the term “cohort default rate” means, for any fiscal year in which 30 or more current and former students at the institution enter repayment on loans under section 1078, 1078–1, 1 or 1078–8 of this title received for attendance at the institution, the percentage of those current and former students who enter repayment on such loans (or on the portion of a loan made under section 1078–3 of this title that is used to repay any such loans) received for attendance at that institution in that fiscal year who default before the end of the second fiscal year following the fiscal year in which the students entered repayment.

“default” applies in that section

the term “default” includes only such defaults as have existed for (1) 270 days in the case of a loan which is repayable in monthly installments, or (2) 330 days in the case of a loan which is repayable in less frequent installments. (m) Cohort default rate (1) In general (A) Except as provided in paragraph (2),

“eligible institution” applies throughout its part

the term “eligible institution” means an institution of higher education, as defined in section 1002 of this title , except that, for the purposes of sections 1077(a)(2)(C)(i) and 1078(b)(1)(M)(i) of this title, an eligible institution includes any institution that is within this definition without regard to whether such institution is participating in any program under this subchapter and includes any institution ineligible for participation in any program under this part pursuant to paragraph (2) of this subsection.

“eligible lender” applies in that section

the term “eligible lender” means— (A) a National or State chartered bank, a mutual savings bank, a savings and loan association, a stock savings bank, or a credit union which— (i) is subject to examination and supervision by an agency of the United States or of the State in which its principal place of operation is established, and (ii) does not have as its primary consumer credit function the making or holding of loans made to students under this part unless (I) it is a bank which is wholly owned by a State, or a bank which is subject to examination and supervision by an agency of the United States, makes student loans as a trustee pursuant to an express trust, operated as a lender under …

“eligible not-for-profit holder” applies throughout its part

the term “eligible not-for-profit holder” means an eligible lender under subsection (d) (except for an eligible lender described in subsection (d)(1)(E)) that requests a special allowance payment under section 1087–1(b)(2)(I)(vi)(II) of this title or a payment under section 1141 of this title and that is— (A) a State, or a political subdivision, authority, agency, or other instrumentality thereof, including such entities that are eligible to issue bonds described in section 1.103–1 of title 26, Code of Federal Regulations, or section 144(b) of title 26 ; (B) an entity described in section 150(d)(2) of such title that has not made the election described in section 150(d)(3) of such title; …

“guaranty agency” applies in that section

The term “guaranty agency” means any State or nonprofit private institution or organization with which the Secretary has an agreement under section 1078(b) of this title . (k) Insurance beneficiary

“holder” applies in that section

The term “holder” means an eligible lender who owns a loan. (j) Guaranty agency

“insurance beneficiary” applies in that section

The term “insurance beneficiary” means the insured or its authorized representative assigned in accordance with section 1079(d) of this title . (l) Default Except as provided in subsection (m),

“line of credit” applies in that section

The term “line of credit” means an arrangement or agreement between the lender and the borrower whereby a loan is paid out by the lender to the borrower in annual installments, or whereby the lender agrees to make, in addition to the initial loan, additional loans in subsequent years. (f) Due diligence The term “due diligence” requires the utilization by a lender, in the servicing and collection of loans insured under this part, of servicing and collection practices at least as extensive and forceful as those generally practiced by financial institutions for the collection of consumer loans. (g) , (h) Repealed. Pub. L. 102–325, title IV, § 427(f) , July 23, 1992 , 106 Stat. 550 (i) Holder

“average cost of attendance” applies in that section

the term “average cost of attendance” means the average of the attendance costs for undergraduate students and for graduate and professional students, which shall include (i) tuition and fees determined in accordance with subparagraph (B), (ii) standard living expenses determined in accordance with subparagraph (C), and (iii) books and supplies determined in accordance with subparagraph (D).

“cohort default rate” applies in that section

The term “cohort default rate” means, for any award year in which 30 or more current and former students at the institution enter repayment on loans under this part (received for attendance at the institution), the percentage of those current and former students who enter repayment on such loans (received for attendance at that institution) in that award year who default before the end of the following award year. (B) For any award year in which less than 30 of the institution’s current and former students enter repayment,

“participating institution” applies in that section

the term “participating institution” means an institution of higher education that— (i) was a participant in the program assisted under this part in fiscal year 1999; and (ii) did not receive an allocation under subsection (a) in the fiscal year for which the reallocation determination is made.

“covered period” applies in that section

the term “covered period” means the period of the 3 years immediately preceding the date of a determination made under paragraph (2). (7) Regaining programmatic eligibility The Secretary shall establish a process by which an institution of higher education that has an educational program that has lost eligibility under this subsection may, after a period of not less than 2 years of such program’s ineligibility, apply to regain such eligibility, subject to the requirements established by the Secretary that further the purpose of this subsection.

“applicable monthly payment” applies in that section

the term “applicable monthly payment” means, when used with respect to a borrower, the amount equal to— (I) the applicable base payment of the borrower, divided by 12; minus (II) $50 for each dependent of the borrower (which, in the case of a married borrower filing a separate Federal income tax return, shall include only each dependent that the borrower claims on that return). (ii) Minimum amount In the case of a borrower with an applicable monthly payment amount calculated under clause (i) that is less than $10, the applicable monthly payment of the borrower shall be $10.

“borrower” applies in that section

the term “borrower” means an individual who is a new borrower on the date such individual applies for a loan under this part for which the first disbursement is made on or after July 1, 1993 . (6) Deferments for previous part B loan borrowers A borrower of a loan made under this part, who at the time such individual applies for such loan, has an outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under part B of this subchapter prior to July 1, 1993 , shall be eligible for a deferment under section 1077(a)(2)(C) of this title or section 1078(b)(1)(M) of this title as such sections were in effect on July 22, 1992 .

“dependent” applies in that section

the term “dependent” means an individual who is a dependent under section 152 of title 26 . (vi) Special rule In the case of a borrower who is required by the Secretary to provide information to the Secretary to determine the applicable monthly payment of the borrower under this subparagraph, and who does not comply with such requirement, the applicable monthly payment of the borrower shall be— (I) the sum of the monthly payment amounts the borrower would have paid for each of the borrower’s loans made under this part under a standard repayment plan with a fixed monthly repayment amount, paid over a period of 10 years, based on the outstanding principal due on such loan when such loan …

“eligible Federal Direct Loan” applies in that section

The term “eligible Federal Direct Loan” means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. (B) Public service job

“eligible military borrower” applies in that section

the term “eligible military borrower” means an individual who— (A) (i) is serving on active duty during a war or other military operation or national emergency; or (ii) is performing qualifying National Guard duty during a war or other military operation or national emergency; and (B) is serving in an area of hostilities in which service qualifies for special pay under section 310, or paragraph (1) or (3) of section 351(a), of title 37. (4) Limitation An individual who qualifies as an eligible military borrower under this subsection may receive the benefit of this subsection for not more than 60 months.

“excepted loan” applies in that section

the term “excepted loan” means a loan with an outstanding balance that is— (I) a Federal Direct PLUS Loan that is made on behalf of a dependent student; or (II) a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on— (aa) an excepted PLUS loan, as defined in section 1098e(a)(1) of this title ; or (bb) an excepted consolidation loan (as such term is defined in section 1098e(a)(2)(A) of this title , notwithstanding subparagraph (B) of such section).