r/title-20-EDUCATION wiki — defined terms

“graduate student” applies throughout its part

The term “graduate student” means a student enrolled in a program of study that awards a graduate credential (other than a professional degree) upon completion of the program. (ii) Professional student In this paragraph,

“professional student” applies in that section

the term “professional student” means a student enrolled in a program of study that awards a professional degree, as defined under section 668.2 of title 34, Code of Federal Regulations (as in effect on July 4, 2025 ), upon completion of the program. (5) Parent borrower annual and aggregate limits for Federal Direct PLUS loans beginning July 1, 2026 (A) Annual limits Subject to paragraph (8) and notwithstanding any provision of this part or part B, beginning on July 1, 2026 , for each dependent student, the total maximum annual amount of Federal Direct PLUS loans that may be borrowed on behalf of that dependent student by all parents of that dependent student shall be $20,000.

“program length” applies in that section

the term “program length” means the minimum amount of time in weeks, months, or years that is specified in the catalog, marketing materials, or other official publications of an institution of higher education for a full-time student to complete the requirements for a specific program of study.

“public service job” applies in that section

The term “public service job” means— (i) a full-time job in emergency management, government (excluding time served as a member of Congress), military service, public safety, law enforcement, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy on behalf of low-income communities at a nonprofit organization), early childhood …

“qualifying monthly payment” applies in that section

the term “qualifying monthly payment” means any of the following: (i) An on-time applicable monthly payment under this subsection. (ii) An on-time monthly payment under the standard repayment plan under subsection (d)(7)(A)(i) of not less than the monthly payment required under such plan. (iii) A monthly payment under any repayment plan (excluding the Repayment Assistance Plan under this subsection) of not less than the monthly payment that would be required under a standard repayment plan under subsection (d)(1)(A) with a repayment period of 10 years.

“children with disabilities” applies in that section

the term “children with disabilities” has the meaning set forth in section 1401 of this title . (3) (A) The percent of a loan which shall be canceled under paragraph (1) of this subsection is— (i) in the case of service described in subparagraph (A), (C), (D), (F), (G), (H), (I), (J), (K), (L), or (M) of paragraph (2), at the rate of 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service; (ii) in the case of service described in subparagraph (B) of paragraph (2), at the rate of 15 percent for each year of such service; or (iii) in the case of service described in subparagraph (E) of …

“assistance” applies in that section

the term “assistance” means the provision of technical support, training, materials, technical assistance, and financial assistance. (7) Additional payments (A) Provision of assistance The Secretary shall provide payments to loan servicers for retaining jobs at locations in the United States where such servicers were operating under part B on January 1, 2010 . (B) Funds There are authorized to be appropriated, and there are appropriated, to carry out this paragraph (in addition to any other amounts appropriated to carry out this paragraph and out of any money in the Treasury not otherwise appropriated), $25,000,000 for each of the fiscal years 2010 and 2011.

“early intervention services” applies throughout its part

the term “early intervention services” has the meaning given the term in section 1432 of this title .

“high-risk children” applies throughout its part

the term “high-risk children” means individuals under the age of 21 who are low-income or at risk of abuse or neglect, have been abused or neglected, have serious emotional, mental, or behavioral disturbances, reside in placements outside their homes, or are involved in the juvenile justice system. (c) Infants, toddlers, children, and youth with disabilities For purposes of this part,

“infants, toddlers, children, and youth with disabilities” applies throughout its part

the term “infants, toddlers, children, and youth with disabilities” means children with disabilities and infants and toddlers with disabilities as defined in sections 1401 and 1432 of this title, respectively, and

“low-income communities” applies throughout its part

the term “low-income communities” means communities in which there is a high concentration of children eligible to be counted under section 6333(c) of this title . (b) High-risk children For the purposes of this part,

“cost of attendance” applies throughout its subchapter

the term “cost of attendance” means— (1) tuition and fees normally assessed a student carrying the same academic workload as determined by the institution; (2) an allowance for books, course materials, supplies, and equipment, which shall include all such costs required of all such students in the same course of study, including a reasonable allowance for the documented rental or upfront purchase of a personal computer, as determined by the institution; (3) an allowance for transportation, which may include transportation between campus, residences, and place of work, as determined by the institution; (4) an allowance for miscellaneous personal expenses, for a student attending the …

“student aid index” applies throughout its chapter

the term “student aid index” means, with respect to a student, an index that reflects an evaluation of a student’s approximate financial resources to contribute toward the student’s postsecondary education for the academic year, as determined in accordance with this part.

“Consumer Price Index” applies in that section

the term “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Department of Labor. Each annual update of tables to reflect changes in the Consumer Price Index shall be corrected for misestimation of actual changes in such Index in previous years. (g) Employment expense allowance For award year 2023–2024 and each succeeding award year, the Secretary shall publish in the Federal Register a revised table of employment expense allowances for the purpose of sections 1087 oo (c)(4), 1087pp(b)(3), and 1087qq(b)(4) of this title.

“eligible applicant” applies in that section

the term “eligible applicant” means an applicant who meets at least one of the following criteria: (A) Is an applicant who qualifies for an automatic zero student aid index or negative student aid index under subsection (b) or (c) of section 1087mm of this title .

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

The term “means-tested Federal benefit program” means any of the following: (i) The supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.). (ii) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), a nutrition assistance program carried out under section 19 of such Act ( 7 U.S.C. 2028 ), and a supplemental nutrition assistance program carried out under section 1841(c) of title 48 . (iii) The program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.).

“Schedule A” applies in that section

The term “Schedule A” means a form or information by a taxpayer to report itemized deductions. (B) Schedule B

“Schedule B” applies in that section

The term “Schedule B” means a form or information filed by a taxpayer to report interest and ordinary dividend income. (C) Schedule C

“Schedule C” applies in that section

The term “Schedule C” means a form or information filed by a taxpayer to report income or loss from a business operated or a profession practiced as a sole proprietor. (D) Schedule D

“Schedule D” applies in that section

The term “Schedule D” means a form or information filed by a taxpayer to report sales, exchanges or some involuntary conversions of capital assets, certain capital gain distributions, and nonbusiness bad debts. (E) Schedule E

“Schedule E” applies in that section

The term “Schedule E” means a form or information filed by a taxpayer to report income from rental properties, royalties, partnerships, S corporations, estates, trusts, and residual interests in real estate mortgage investment conduits. (F) Schedule F

“Schedule F” applies in that section

The term “Schedule F” means a form or information filed by a taxpayer to report farm income and expenses. (G) Schedule H

“Schedule H” applies in that section

The term “Schedule H” means a form or information filed by a taxpayer to report household employment taxes. (H) Means-tested Federal benefit program

“qualifying emergency” applies in that section

the term “qualifying emergency” means— (A) an event for which the President declared a major disaster or an emergency under section 5170 or 5191, respectively, of title 42; (B) a national emergency related to the coronavirus declared by the President under section 1621 of title 50 ; or (C) a period of recession or economic downturn as determined by the Secretary, in consultation with the Secretary of Labor.

“assets” applies throughout its part

The term “assets” means the amount in checking and savings accounts, time deposits, money market funds, investments, trusts, stocks, bonds, derivatives, securities, mutual funds, tax shelters, qualified education benefits (except as provided in paragraph (3)), the annual amount of child support received and the net value of real estate, vacation homes, income producing property, and business and farm assets, determined in accordance with section 1087rr(c) of this title . (2) Exclusions With respect to determinations of need under this subchapter, the term “assets” shall not include the net value of the family’s principal place of residence.

“business assets” applies throughout its part

The term “business assets” means property that is used in the operation of a trade or business, including real estate, inventories, buildings, machinery, and other equipment, patents, franchise rights, and copyrights. (m) Homeless youth

“dependent of the parent” applies throughout its part

the term “dependent of the parent” means the student who is deemed to be a dependent student when applying for aid under this subchapter, and any other person who lives with and receives more than one-half of their support from the parent (or parents) and will continue to receive more than half of their support from the parent (or parents) during the award year. (2) Except as otherwise provided,

“dependent of the student” applies throughout its part

the term “dependent of the student” means the student’s dependent children and other persons (except the student’s spouse) who live with and receive more than one-half of their support from the student and will continue to receive more than half of their support from the student during the award year.

“excludable income” applies throughout its part

The term “excludable income” means— (1) an amount equal to the education credits described in paragraphs (1) and (2) of section 25A(a) of title 26 ; (2) if an applicant elects to report it, college grant and scholarship aid included in gross income on a Federal tax return, including amounts attributable to grant and scholarship portions of fellowships and assistantships and any national service educational award or post-service benefit received by an individual under title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 et seq.), including awards, living allowances, and interest accrual payments; and (3) income earned from work under part C of this subchapter.

“homeless youth” applies throughout its part

The term “homeless youth” has the meaning given the term “homeless children and youths” in section 11434a of title 42 . (n) Unaccompanied

“net value” applies in that section

The term “net value” means the market value at the time of application of the assets (as defined in subsection (f)), minus the outstanding liabilities or indebtedness against the assets. (h) Treatment of income taxes paid to other jurisdictions (1) The tax on income paid to the Governments of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or Palau under the laws applicable to those jurisdictions, or the comparable tax paid to the central government of a foreign country, shall be treated as Federal income taxes.

“qualified education benefit” applies in that section

the term “qualified education benefit” means— (A) a qualified tuition program (as defined in section 529(b)(1)(A) of title 26 ) or other prepaid tuition plan offered by a State; and (B) a Coverdell education savings account (as defined in section 530(b)(1) of title 26 ). (g) Net value

“total income” applies throughout its part

The term “total income” means the amount equal to adjusted gross income for the second preceding tax year plus untaxed income and benefits for the second preceding tax year minus excludable income for the second preceding tax year. The factors used to determine total income shall be derived from the Federal income tax return, if available, except for the applicant’s ability to indicate a qualified rollover in the second preceding tax year as outlined in section 1090 of this title or foreign income described in subsection (b)(5). (b) Untaxed income and benefits

“unaccompanied” applies throughout its part

The terms “unaccompanied”, “unaccompanied youth”, or “unaccompanied homeless youth” have the meaning given the term “unaccompanied youth” in section 11434a of title 42 .

“unaccompanied homeless youth” applies throughout its part

The terms “unaccompanied”, “unaccompanied youth”, or “unaccompanied homeless youth” have the meaning given the term “unaccompanied youth” in section 11434a of title 42 .

“unaccompanied youth” applies throughout its part

The terms “unaccompanied”, “unaccompanied youth”, or “unaccompanied homeless youth” have the meaning given the term “unaccompanied youth” in section 11434a of title 42 .

“untaxed income and benefits” applies throughout its part

The term “untaxed income and benefits” means— (1) deductions and payments to self-employed SEP, SIMPLE, Keogh, and other qualified individual retirement accounts excluded from income for Federal tax purposes, except such term shall not include payments made to tax-deferred pension and retirement plans, paid directly or withheld from earnings, that are not delineated on the Federal tax return; (2) tax-exempt interest income; (3) untaxed portion of individual retirement account distributions; (4) untaxed portion of pensions; and (5) foreign income of permanent residents of the United States or United States citizens exempt from Federal taxation, or the foreign income for which such a …

“veteran” applies throughout its part

The term “veteran” has the meaning given the term in section 101(2) of title 38 and includes individuals who served in the United States Armed Forces as described in sections 101(21), 101(22), and 101(23) of title 38.;

“veterans’ education benefits” applies throughout its part

The term “veterans’ education benefits” means veterans’ benefits under the following provisions of law: (A) Chapter 103 of title 10 (Senior Reserve Officers’ Training Corps). (B) Chapter 106A of title 10 (Educational Assistance for Persons Enlisting for Active Duty). (C) Chapter 1606 of title 10 (Selected Reserve Educational Assistance Program). (D) Chapter 1607 of title 10 (Educational Assistance Program for Reserve Component Members Supporting Contingency Operations and Certain Other Operations). (E) Chapter 30 of title 38 (All-Volunteer Force Educational Assistance Program, also known as the “Montgomery GI Bill—active duty”).

“eligible loan” applies in that section

the term “eligible loan” means a loan— (A) (i) on which a portion of the interest is paid on behalf of the student and for the student’s account to the holder of the loan under section 1078(a) of this title ; (ii) which is made under section 1078–1, 1 1078–2, 1078–3, 1078–8, or 1087–2( o ) of this title; or (iii) which was made prior to October 1, 1981 ; and (B) which is insured under this part, or made under a program covered by an agreement under section 1078(b) of this title .

“qualified State obligation” applies in that section

the term “qualified State obligation” means— (I) an obligation of the Maine Educational Loan Marketing Corporation to the Student Loan Marketing Association pursuant to an agreement entered into on January 31, 1984 ; or (II) an obligation of the South Carolina Student Loan Corporation to the South Carolina National Bank pursuant to an agreement entered into on July 30, 1986 . (E) In the case of any loan for which the applicable rate of interest is described in section 1077a(g)(2) of this title , subparagraph (A)(iii) shall be applied by substituting “2.5 percent” for “3.10 percent”.

“special allowance support level” applies in that section

the term “special allowance support level” means, for any loan, a number expressed as a percentage equal to the sum of the rates determined under subclauses (I) and (III) of clause (i), and applying any substitution rules applicable to such loan under clauses (ii), (iii), (iv), (vi), and (vii) in determining such sum.

“associated person” applies in that section

the term “associated person” means any person, other than a natural person, directly or indirectly controlling, controlled by, or under common control with the Association. (F) Compensation of auditors and examiners.— (i) Rates of pay .— Rates of basic pay for all auditors and examiners appointed pursuant to subparagraph (A) may be set and adjusted by the Secretary of the Treasury without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5.

“capital ratio” applies in that section

The term “capital ratio” means the ratio of total stockholders’ equity, as shown on the Association’s most recent quarterly consolidated balance sheet prepared in the ordinary course of its business, to the sum of— (i) the total assets of the Association, as shown on the balance sheet prepared in the ordinary course of its business; and (ii) 50 percent of the credit equivalent amount of the following off-balance sheet items of the Association as of the date of such balance sheet— (I) all financial standby letters of credit and other irrevocable guarantees of the repayment of financial obligations of others; and (II) all interest rate contracts and exchange rate contracts, including interest …

“legislative days” applies in that section

The term “legislative days” means only days on which either House of Congress is in session. (16) Dividends The Association may pay dividends in the form of cash or noncash distributions so long as at the time of the declaration of such dividends, after giving effect to the payment of such dividends as of the date of such declaration by the Board of Directors of the Association, the Association’s capital would be in compliance with the capital standards set forth in this section.

“nationally recognized statistical rating organization” applies in that section

The term “nationally recognized statistical rating organization” means any nationally recognized statistical rating organization, as that term is defined in section 78c(a) of title 15 .;

“associated person” applies in that section

the term “associated person” means any person, other than a natural person, who is directly or indirectly controlling, controlled by, or under common control with, the Association. (9) Issuance of stock warrants (A) In general On the reorganization effective date, the Holding Company shall issue to the District of Columbia Financial Responsibility and Management Assistance Authority a number of stock warrants that is equal to one percent of the outstanding shares of the Association, determined as of the last day of the fiscal quarter preceding September 30, 1996 , with each stock warrant entitling the holder of the stock warrant to purchase from the Holding Company one share of the …

“Association” applies in that section

The term “Association” means the Student Loan Marketing Association. (2) Dissolution date

“dissolution date” applies in that section

The term “dissolution date” means September 30, 2008 , or such earlier date as the Secretary of Education permits the transfer of remaining obligations in accordance with subsection (d). (3) Holding Company

“Holding Company” applies in that section

The term “Holding Company” means the new business corporation established pursuant to this section by the Association under the laws of any State of the United States or the District of Columbia for the purposes of the reorganization and restructuring described in subsection (a). (4) Remaining obligations

“remaining obligations” applies in that section

The term “remaining obligations” means the debt obligations of the Association outstanding as of the dissolution date. (5) Remaining property

“remaining property” applies in that section

The term “remaining property” means the following assets and liabilities of the Association which are outstanding as of the reorganization effective date: (A) Debt obligations issued by the Association. (B) Contracts relating to interest rate, currency, or commodity positions or protections. (C) Investment securities owned by the Association.

“reorganization” applies in that section

The term “reorganization” means the restructuring event or events (including any merger event) giving effect to the Holding Company structure described in subsection (a). (7) Reorganization effective date

“reorganization effective date” applies in that section

The term “reorganization effective date” means the effective date of the reorganization as determined by the Board of Directors of the Association, which shall not be earlier than the date that shareholder approval is obtained pursuant to subsection (b) and shall not be later than the date that is 18 months after September 30, 1996 . (8) Subsidiary

“subsidiary” applies in that section

The term “subsidiary” means one or more direct or indirect subsidiaries.

“community services” applies throughout its part

the term “community services” means services which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, as designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to their needs, including— (1) such fields as health care, child care (including child care services provided on campus that are open and accessible to the community), literacy training, education (including tutorial services), welfare, social services, transportation, housing and neighborhood improvement, public safety, emergency …

“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).

“disaster-affected student” applies in that section

The term “disaster-affected student” means a student enrolled at an eligible institution who— (i) received a work-study award under this section for the academic year during which a major disaster occurred; (ii) earned Federal work-study wages from such eligible institution for such academic year; (iii) was prevented from fulfilling the student’s work-study obligation for all or part of such academic year due to such major disaster; and (iv) was unable to be reassigned to another work-study job.;

“major disaster” applies in that section

The term “major disaster” has the meaning given such term in section 5122(2) of title 42 .

“comprehensive student work-learning-service program” applies in that section

the term “comprehensive student work-learning-service program” means a student work-learning-service program that— (A) is an integral and stated part of the institution’s educational philosophy and program; (B) requires participation of all resident students for enrollment and graduation; (C) includes learning objectives, evaluation, and a record of work performance as part of the student’s college record; (D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs; (E) recognizes the educational role of work-learning-service supervisors; and (F) includes consequences for nonperformance or failure in the work-learning-service program …

“work college” applies in that section

the term “work college” means an eligible institution that— (A) has been a public or private nonprofit, four-year, degree-granting institution with a commitment to community service; (B) has operated a comprehensive work-learning-service program for at least two years; (C) requires students, including at least one-half of all students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for at least five hours each week, or at least 80 hours during each period of enrollment, except summer school, unless the student is engaged in an institutionally organized or approved study abroad or externship program; and (D) provides students …

“active duty” applies throughout its subchapter

The term “active duty” has the meaning given such term in section 101(d)(1) of title 10 , except that such term does not include active duty for training or attendance at a service school. (2) Military operation

“consumer reporting agency” applies throughout its subchapter

the term “consumer reporting agency” has the meaning given the term “consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” in Section 1 1681a(p) of title 15. (f) Definition of educational service agency For purposes of parts B, D, and E,

“educational service agency” applies throughout its subchapter

the term “educational service agency” has the meaning given the term in section 7801 of this title .

“eligible program” applies throughout its subchapter

the term “eligible program” means a program of at least— (A) 600 clock hours of instruction, 16 semester hours, or 24 quarter hours, offered during a minimum of 15 weeks, in the case of a program that— (i) provides a program of training to prepare students for gainful employment in a recognized profession; and (ii) admits students who have not completed the equivalent of an associate degree; or (B) 300 clock hours of instruction, 8 semester hours, or 12 hours, offered during a minimum of 10 weeks, in the case of— (i) an undergraduate program that requires the equivalent of an associate degree for admissions; or (ii) a graduate or professional program.

“military operation” applies throughout its subchapter

The term “military operation” means a contingency operation as such term is defined in section 101(a)(13) of title 10 . (3) National emergency

“national emergency” applies throughout its subchapter

The term “national emergency” means the national emergency by reason of certain terrorist attacks declared by the President on September 14, 2001 , or subsequent national emergencies declared by the President by reason of terrorist attacks. (4) Serving on active duty

“third party servicer” applies throughout its subchapter

the term “third party servicer” means any individual, any State, or any private, for-profit or nonprofit organization, which enters into a contract with— (1) any eligible institution of higher education to administer, through either manual or automated processing, any aspect of such institution’s student assistance programs under this subchapter; or (2) any guaranty agency, or any eligible lender, to administer, through either manual or automated processing, any aspect of such guaranty agency’s or lender’s student loan programs under part B of this subchapter, including originating, guaranteeing, monitoring, processing, servicing, or collecting loans.

“confined or incarcerated individual” applies in that section

The term “confined or incarcerated individual”— (i) means an individual who is serving a criminal sentence in a Federal, State, or local penal institution, prison, jail, reformatory, work farm, or other similar correctional institution; and (ii) does not include an individual who is in a halfway house or home detention or is sentenced to serve only weekends. (B) Prison education program

“eligible career pathway program” applies in that section

the term “eligible career pathway program” means a program that combines rigorous and high-quality education, training, and other services that— (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664 , chapter 663; 29 U.S.C.

“prison education program” applies in that section

The term “prison education program” means an education or training program that— (i) is an eligible program under this subchapter offered by an institution of higher education (as defined in section 1001 or 1002(a)(1)(B) of this title); (ii) is offered by an institution that has been approved to operate in a correctional facility by the appropriate State department of corrections or other entity that is responsible for overseeing correctional facilities, or by the Bureau of Prisons; (iii) has been determined by the appropriate State department of corrections or other entity that is responsible for overseeing correctional facilities, or by the Bureau of Prisons, to be operating in the best …

“student with an intellectual disability” applies in that section

the terms “comprehensive transition and postsecondary program for students with intellectual disabilities” and “student with an intellectual disability” have the meanings given the terms in section 1140 of this title .

“day the student withdrew” applies in that section

the term “day the student withdrew”— (A) is the date that the institution determines— (i) the student began the withdrawal process prescribed by the institution; (ii) the student otherwise provided official notification to the institution of the intent to withdraw; or (iii) in the case of a student who does not begin the withdrawal process or otherwise notify the institution of the intent to withdraw, the date that is the mid-point of the payment period for which assistance under this subchapter was disbursed or a later date documented by the institution; or (B) for institutions required to take attendance, is determined by the institution from such attendance records.

“service in the uniformed services” applies in that section

the term “service in the uniformed services” means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve. (b) Discrimination against students who serve in the uniformed services prohibited A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform, service in the uniformed services shall not be denied readmission to an institution of higher education on the basis of that membership, application for membership, performance of service, application for service, or obligation.

“athletically related student aid” applies in that section

the term “athletically related student aid” means any scholarship, grant, or other form of financial assistance the terms of which require the recipient to participate in a program of intercollegiate athletics at an institution of higher education in order to be eligible to receive such assistance. (9) The reports required by this subsection shall be due each July 1 and shall cover the 1-year period ending August 31 of the preceding year.

“campus” applies in that section

The term “campus” means— (I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and (II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).;

“dating violence” applies in that section

The terms “dating violence”, “domestic violence”, and “stalking” have the meaning given such terms in section 12291(a) of title 34 .;

“domestic violence” applies in that section

The terms “dating violence”, “domestic violence”, and “stalking” have the meaning given such terms in section 12291(a) of title 34 .;

“noncampus building or property” applies in that section

The term “noncampus building or property” means— (I) any building or property owned or controlled by a student organization recognized by the institution; and (II) any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.;

“operating expenses” applies in that section

the term “operating expenses” means expenditures on lodging and meals, transportation, officials, uniforms and equipment. (h) Transfer of credit policies (1) Disclosure Each institution of higher education participating in any program under this subchapter shall publicly disclose, in a readable and comprehensible manner, the transfer of credit policies established by the institution which shall include a statement of the institution’s current transfer of credit policies that includes, at a minimum— (A) any established criteria the institution uses regarding the transfer of credit earned at another institution of higher education; and (B) a list of institutions of higher education with which …

“prospective student” applies in that section

the term “prospective student” means any individual who has contacted an eligible institution requesting information concerning admission to that institution. (3) In calculating the completion or graduation rate under subparagraph (L) of paragraph (1) of this subsection or under subsection (e), a student shall be counted as a completion or graduation if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an eligible institution for which the prior program provides substantial preparation.

“public property” applies in that section

The term “public property” means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.;

“sexual assault” applies in that section

The term “sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. (vi) The term “hazing”, for purposes of reporting statistics on hazing incidents under paragraph (1)(F)(iv), means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that— (I) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and (II) causes or creates a risk, …

“stalking” applies in that section

The terms “dating violence”, “domestic violence”, and “stalking” have the meaning given such terms in section 12291(a) of title 34 .;

“distance education” applies in that section

the term “distance education” means an educational process that is characterized by the separation, in time or place, between instructor and student. Such term may include courses offered principally through the use of— (1) television, audio, or computer transmission, such as open broadcast, closed circuit, cable, microwave, or satellite transmission; (2) audio or computer conferencing; (3) video cassettes or discs; or (4) correspondence.

“articulation agreement” applies in that section

the term “articulation agreement” means an agreement between or among institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree or program requirements. (b) Program to encourage articulation agreements (1) Program established The Secretary shall carry out a program for States, in cooperation with public institutions of higher education, to develop, enhance, and implement comprehensive articulation agreements between or among such institutions in a State, and (to the extent practicable) across State lines, by 2010.

“affiliate” applies in that section

The term “affiliate” means a person that controls, is controlled by, or is under common control with another person. A person controls, is controlled by, or is under common control with another person if— (A) the person directly or indirectly, or acting through one or more others, owns, controls, or has the power to vote five percent or more of any class of voting securities of such other person; (B) the person controls, in any manner, the election of a majority of the directors or trustees of such other person; or (C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies …

“agent” applies in that section

The term “agent” has the meaning given the term in section 1019 of this title . (2) Affiliate

“education loan” applies in that section

The term “education loan” has the meaning given the term in section 1019 of this title . (4) Eligible institution

“eligible institution” applies in that section

The term “eligible institution” means any such institution described in section 1002 of this title . (5) Officer

“gift” applies in that section

the term “gift” means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a monetary value of more than a de minimus amount. The term includes a gift of services, transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. (ii) Exceptions The term “gift” shall not include any of the following: (I) Standard material, activities, or programs on issues related to a loan, default aversion, default prevention, or financial literacy, such as a brochure, a workshop, or training.

“officer” applies in that section

The term “officer” has the meaning given the term in section 1019 of this title . (6) Preferred lender arrangement

“opportunity pool loan” applies in that section

the term “opportunity pool loan” means a private education loan made by a lender to a student attending the institution or the family member of such a student that involves a payment, directly or indirectly, by such institution of points, premiums, additional interest, or financial support to such lender for the purpose of such lender extending credit to the student or the family. (6) Ban on staffing assistance (A) Prohibition The institution shall not request or accept from any lender any assistance with call center staffing or financial aid office staffing.

“preferred lender arrangement” applies in that section

The term “preferred lender arrangement” has the meaning given the term in section 1019 of this title . (j) Construction Nothing in the amendments made by the Higher Education Amendments of 1992 shall be construed to prohibit an institution from recording, at the cost of the institution, a hearing referred to in subsection (b)(2), subsection (c)(1)(D), or subparagraph (A) or (B)(i) of subsection (c)(2), of this section to create a record of the hearing, except the unavailability of a recording shall not serve to delay the completion of the proceeding. The Secretary shall allow the institution to use any reasonable means, including stenographers, of recording the hearing.

“private education loan” applies in that section

the term “private education loan” has the meaning given such term in section 1650 of title 15 . (29) The institution certifies that the institution— (A) has developed plans to effectively combat the unauthorized distribution of copyrighted material, including through the use of a variety of technology-based deterrents; and (B) will, to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellectual property, as determined by the institution in consultation with the chief technology officer or other designated officer of the institution.

“revenue-sharing arrangement” applies in that section

the term “revenue-sharing arrangement” means an arrangement between an institution and a lender under which— (i) a lender provides or issues a loan that is made, insured, or guaranteed under this subchapter to students attending the institution or to the families of such students; and (ii) the institution recommends the lender or the loan products of the lender and in exchange, the lender pays a fee or provides other material benefits, including revenue or profit sharing, to the institution, an officer or employee of the institution, or an agent.

“teach-out plan” applies in that section

the term “teach-out plan” means a written plan that provides for the equitable treatment of students if an institution of higher education ceases to operate before all students have completed their program of study, and may include, if required by the institution’s accrediting agency or association, an agreement between institutions for such a teach-out plan.

“current award year” applies in that section

the term “current award year” means the award year during which the participating institution indicates the institution’s intention to cease participation.

“disposable pay” applies in that section

the term “disposable pay” means that part of the compensation of any individual from an employer remaining after the deduction of any amounts required by law to be withheld.

“applicable amount” applies in that section

The term “applicable amount” means 15 percent of the result obtained by calculating, on at least an annual basis, the amount by which— (A) the borrower’s, and the borrower’s spouse’s (if applicable), adjusted gross income; exceeds (B) 150 percent of the poverty line applicable to the borrower’s family size as determined under section 9902(2) of title 42 .

“excepted consolidation loan” applies in that section

The term “excepted consolidation loan” means— (i) a consolidation loan under section 1078–3 of this title , or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on an excepted PLUS loan; or (ii) a consolidation loan under section 1078–3 of this title , or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on a consolidation loan under section 1078–3 of this title , or a Federal Direct Consolidation Loan described in clause (i).

“excepted PLUS loan” applies in that section

The term “excepted PLUS loan” means a loan under section 1078–2 of this title , or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a dependent student. (2) Excepted consolidation loan (A) In general

“active duty” applies throughout its part

The term “active duty” has the meaning given such term in section 101(d)(1) of title 10 , except that such term does not include active duty for training or attendance at a service school. (2) Affected individual

“affected individual” applies throughout its part

The term “affected individual” means an individual who— (A) is serving on active duty during a war or other military operation or national emergency; (B) is performing qualifying National Guard duty during a war or other military operation or national emergency; (C) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or (D) suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary. (3) Military operation

“military operation” applies throughout its part

The term “military operation” means a contingency operation as such term is defined in section 101(a)(13) of title 10 . (4) National emergency

“national emergency” applies throughout its part

The term “national emergency” means a national emergency declared by the President of the United States. (5) Serving on active duty

“active duty” applies in that section

the term “active duty” has the meaning given such term in section 101(d)(1) of title 10 , except that such term— (1) does not include active duty for training or attendance at a service school; but (2) includes, in the case of members of the National Guard, active State duty.

“Student Aid Report” applies in that section

The term “Student Aid Report” has the meaning given the term in section 668.2 of title 34, Code of Federal Regulations (or successor regulations). (B) Written consent

“written consent” applies in that section

The term “written consent” means a separate, written document that is signed and dated (which may include by electronic format) by an applicant, which— (i) indicates that the information being disclosed includes return information disclosed under section 6103( l )(13) of title 26 with respect to the applicant; (ii) states the purpose for which the information is being disclosed; and (iii) states that the information may only be used for the specific purpose and no other purposes.

“separate and independent” applies throughout its chapter

the term “separate and independent” means that— (1) the members of the postsecondary education governing body of the accrediting agency or association are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association or membership organization; (2) among the membership of the board of the accrediting agency or association there shall be one public member (who is not a member of any related trade or membership organization) for each six members of the board, with a minimum of one such public member, and guidelines are established for such members to avoid conflicts of interest; (3) dues to the accrediting agency or association are …

“eligible Federal PLUS Loan” applies in that section

The term “eligible Federal PLUS Loan” means a loan described in section 1078–2 of this title made to a parent of a dependent student who is a new borrower on or after July 1, 2009 . (2) Eligible lender

“eligible lender” applies in that section

The term “eligible lender” has the meaning given the term in section 1085 of this title . (b) Pilot program The Secretary shall carry out a pilot program under which the Secretary establishes a mechanism for an auction of eligible Federal PLUS Loans in accordance with this subsection. The pilot program shall meet the following requirements: (1) Planning and implementation During the period beginning on September 27, 2007 , and ending on June 30, 2009 , the Secretary shall plan and implement the pilot program under this subsection.

“educational and general expenditures” applies throughout its subchapter

The term “educational and general expenditures” means the total amount expended by an institution for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers that the institution is required to pay by law. (2) Eligible institution

“eligible institution” applies throughout its subchapter

The term “eligible institution” means— (A) an institution of higher education— (i) that has an enrollment of needy students as required by subsection (b); (ii) except as provided in section 1103a(b) of this title , the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction; (iii) that is— (I) legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelor’s degree; or (II) a junior or community college; (iv) that …

“endowment fund” applies throughout its subchapter

The term “endowment fund” means a fund that— (A) is established by State law, by a Hispanic-serving institution, or by a foundation that is exempt from Federal income taxation; (B) is maintained for the purpose of generating income for the support of the institution; and (C) does not include real estate. (4) Full-time equivalent students

“enrollment of needy students” applies throughout its subchapter

the term “enrollment of needy students” means an enrollment at an institution with respect to which— (1) at least 50 percent of the degree students so enrolled are receiving need-based assistance under subchapter IV in the second fiscal year preceding the fiscal year for which the determination is made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title ); or (2) a substantial percentage of the students so enrolled are receiving Federal Pell Grants in the second fiscal year preceding the fiscal year for which the determination is made, compared to the percentage of students receiving Federal Pell Grants at all such institutions in the second fiscal …

“full-time equivalent students” applies throughout its subchapter

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. (5) Hispanic-serving institution

“Hispanic-serving institution” applies throughout its subchapter

The term “Hispanic-serving institution” means an institution of higher education that— (A) is an eligible institution; and (B) has an enrollment of undergraduate full-time equivalent students that is at least 25 percent Hispanic students at the end of the award year immediately preceding the date of application. (6) Junior or community college

“junior or community college” applies throughout its subchapter

The term “junior or community college” means an institution of higher education— (A) 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; (B) that does not provide an educational program for which the institution awards a bachelor’s degree (or an equivalent degree); and (C) that— (i) provides an educational program of not less than 2 years in duration that is acceptable for full credit toward such a degree; or (ii) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to …

“eligible recipient” applies throughout its part

the term “eligible recipient” means a consortium consisting of 1 or more of the following entities: (A) An institution eligible for assistance under part B of subchapter III of this chapter. (B) A tribally controlled college or university or Alaska Native or Native Hawaiian-serving institution eligible for assistance under part A or B of subchapter III, or an institution eligible for assistance under subchapter V. (C) An institution of higher education that serves substantial numbers of underrepresented minority students. (D) An institution of higher education with programs in training foreign service professionals.

“eligible student” applies in that section

the term “eligible student” means a student that is— (1) enrolled full-time in a baccalaureate degree program at an institution of higher education; and (2) entering the third year of study, or completing the third year of study in the case of a summer abroad program, at an institution of higher education which nominates such student for participation in the study abroad program.

“Hispanic-serving institution” applies in that section

the term “Hispanic-serving institution” has the meaning given the term in section 1101a of this title ; and;

“minority institution” applies in that section

the term “minority institution” has the meaning given the term in section 1067k of this title .

“area studies” applies throughout its subchapter

the term “area studies” means a program of comprehensive study of the aspects of a society or societies, including study of its history, culture, economy, politics, international relations and languages;

“comprehensive foreign language and area or international studies center” applies throughout its subchapter

the term “comprehensive foreign language and area or international studies center” means an administrative unit of a university that contributes significantly to the national interest in advanced research and scholarship, employs a critical mass of scholars in diverse disciplines related to a geographic concentration, offers intensive language training in languages of its area specialization, maintains important library collections related to the area, and makes training available in language and area studies to a graduate, postgraduate, and undergraduate clientele; and 1;

“educational programs abroad” applies throughout its subchapter

the term “educational programs abroad” means programs of study, internships, or service learning outside the United States which are part of a foreign language or other international curriculum at the undergraduate or graduate education levels;

“export education” applies throughout its subchapter

the term “export education” means educating, teaching and training to provide general knowledge and specific skills pertinent to the selling of goods and services to other countries, including knowledge of market conditions, financial arrangements, laws and procedures;

“historically Black college and university” applies throughout its subchapter

the term “historically Black college and university” has the meaning given the term “part B institution” in section 1061 of this title ;

“institution of higher education” applies throughout its subchapter

the term “institution of higher education” means, in addition to institutions which meet the definition of section 1001 of this title , institutions which meet the requirements of section 1001 of this title except that (1) they are not located in the United States, and (2) they apply for assistance under this subchapter in consortia with institutions which meet the definition of section 1001 of this title ;

“international business” applies throughout its subchapter

the term “international business” means profit-oriented business relationships conducted across national boundaries and includes activities such as the buying and selling of goods, investments in industries, the licensing of processes, patents and trademarks, and the supply of services;

“internationalization of curricula” applies throughout its subchapter

the term “internationalization of curricula” means the incorporation of international or comparative perspectives in existing courses of study or the addition of new components to the curricula to provide an international context for American business education;

“tribally controlled college or university” applies throughout its subchapter

the term “tribally controlled college or university” has the meaning given the term in section 1801 of title 25 ; and;

“undergraduate foreign language and area or international studies center” applies throughout its subchapter

the term “undergraduate foreign language and area or international studies center” means an administrative unit of an institution of higher education, including but not limited to 4-year colleges, that contributes significantly to the national interest through the education and training of students who matriculate into advanced language and area studies programs, professional school programs, or incorporates substantial international and foreign language content into baccalaureate degree programs, engages in research, curriculum development and community outreach activities designed to broaden international and foreign language knowledge, employs faculty with strong language, area, and …

“qualified masters degree program” applies in that section

the term “qualified masters degree program” means a masters degree program that provides a program of instruction in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrepresented and has students enrolled in such program of instruction at the time of application for a grant under this section.

“qualified masters degree program” applies in that section

the term “qualified masters degree program” means a masters degree program that provides a program of instruction in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrepresented and has students enrolled in such program of instruction at the time of application for a grant under this section.

“eligible student” applies in that section

the term “eligible student” means an individual who is enrolled as a full-time or part-time student at an institution of higher education (as defined in section 1002 of this title ) and is— (A) a dependent student who is a child of— (i) an individual who is— (I) serving on active duty during a war or other military operation or national emergency (as defined in section 1088 of this title ); or (II) performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 1088 of this title ); or (ii) a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001 ; and (II) died, or has been disabled, as a …

“student with an intellectual disability” applies throughout its part

The term “student with an intellectual disability” means a student— (A) with a cognitive impairment, characterized by significant limitations in— (i) intellectual and cognitive functioning; and (ii) adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and (B) who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act [ 20 U.S.C. 1400 et seq.].

“student with a print disability” applies throughout its subpart

the term “student with a print disability” means a student with a disability who experiences barriers to accessing instructional material in nonspecialized formats, including an individual described in section 121(d)(2) of title 17 .

“eligible partnership” applies in that section

the term “eligible partnership” means a partnership that— (1) shall include— (A) an institution of higher education with demonstrated expertise in meeting the needs of students with print disabilities, including the retention of such students in, and such students’ completion of, postsecondary education; and (B) a public or private entity, other than an institution of higher education, with— (i) demonstrated expertise in developing accessible instructional materials in specialized formats for postsecondary students with print disabilities; and (ii) the technical development expertise necessary for the efficient dissemination of such materials, including procedures to protect against …

“eligible entity” applies throughout its subpart

the term “eligible entity” means an institution of higher education, a nonprofit organization, or partnership of two or more such institutions or organizations, with demonstrated expertise in— (A) supporting students with disabilities in postsecondary education; (B) technical knowledge necessary for the dissemination of information in accessible formats; (C) working with diverse types of institutions of higher education, including community colleges; and (D) the subjects supported by the grants, contracts, or cooperative agreements authorized in subparts 1, 2, and 3.

“eligible consortium” applies in that section

The term “eligible consortium” means a partnership of 2 or more entities that have agreed to work together to carry out this section that— (A) includes— (i) a philanthropic organization, which serves as the manager of the consortium; (ii) a State that demonstrates a commitment to ensuring the creation of a Statewide system to address the issues of early intervention and financial support for eligible students to enter and remain in college; and (iii) at the discretion of the philanthropic organization described in clause (i), additional partners, including other non-profit organizations, government entities (including local municipalities, school districts, cities, and counties), …

“grantee” applies in that section

The term “grantee” means— (A) a State awarded a grant under this section; or (B) with respect to such a State that has failed to meet the non-Federal share requirement of subsection (b), a philanthropic organization awarded the proportionate reduction amount of such a grant under subsection (b)(3).

“philanthropic organization” applies in that section

The term “philanthropic organization” means a non-profit organization— (A) that does not receive funds under subchapter IV of this chapter or under the Elementary and Secondary Education Act of 1965 [ 20 U.S.C.

“feeder pattern” applies in that section

The term “feeder pattern” means a secondary school and the elementary schools and middle schools that channel students into that secondary school. (c) Contract authorized From the amount appropriated to carry out this section, the Secretary is authorized to award a five-year contract to Project GRAD USA (referred to in this section as the “contractor”), a nonprofit education organization that has as its primary purpose the improvement of secondary school graduation and postsecondary attendance and completion rates for low-income students.

“low-income student” applies in that section

The term “low-income student” means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 6313(a)(5) of this title . (2) Feeder pattern

“Governor” applies in that section

The term “Governor” means the chief executive officer of a State.

“eligible partnership” applies in that section

The term “eligible partnership” means a partnership that includes— (i) one or more institutions of higher education, one of which serves as the fiscal agent and grant recipient for the eligible partnership; (ii) except as provided in subparagraph (B), an employer, group of employers, local board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act [ 29 U.S.C.

“nontraditional student” applies in that section

The term “nontraditional student” means a student— (A) who is an independent student, as defined in section 1087vv(d) of this title ; (B) who attends an institution of higher education— (i) on less than a full-time basis; (ii) via evening, weekend, modular, or compressed courses; or (iii) via distance education methods; and (C) who— (i) enrolled for the first time in an institution of higher education three or more years after completing high school; or (ii) works full-time. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

“accredited” applies in that section

The terms “accredited” and “school of nursing” have the meanings given those terms in section 801 of the Public Health Service Act ( 42 U.S.C. 296 ). (e) Prohibition (1) In general Funds provided under this section may not be used for the construction of new facilities. (2) Rule of construction Nothing in paragraph (1) shall be construed to prohibit funds provided under this section from being used for the repair or renovation of facilities. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

“health facility” applies in that section

The term “health facility” means an Indian health service center, a Native Hawaiian health center, a hospital, a federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, or an ambulatory surgical center. (2) Public Health Service Act