1994 U.S. Code
Title 20 - EDUCATION
CHAPTER 27 - NATIONAL VOCATIONAL STUDENT LOAN INSURANCE
SUBCHAPTER XII - GENERAL PROVISIONS
Sec. 1141 - Definitions

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§1141. Definitions

As used in this chapter—

(a) The term “institution of higher education” means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (1), (2), (4), and (5). Such term also includes a public or nonprofit private educational institution in any State which, in lieu of the requirement in clause (1), admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. For purposes of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered.

(b) The term “State” includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(c) The term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(d) The term “secondary school” has the same meaning given that term under section 2891(21)1 of this title.

(e) The term “Secretary” means the Secretary of Education.

(f) The term “local educational agency” has the same meaning given that term under section 2891(12)1 of this title.

(g) The term “State educational agency” has the same meaning given that term under section 2891(23)1 of this title.

(h) The term “State higher education agency” means the officer or agency primarily responsible for the State supervision of higher education.

(i) The term “elementary school” has the same meaning given that term under section 2891(8)1 of this title.

(j) The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf.

(k) The term “gifted and talented children” has the same meaning given that term under section 3063(1)1 of this title.

(l) The term “school or department of divinity” means an institution or a department or a branch of an institution the program of instruction of which is designed for the education of students (A) to prepare them to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation), or (B) to prepare them to teach theological subjects.

(m) The term “Department” means the Department of Education.

(n) The term “disability” has the same meaning given that term under section 12102(2) of title 42.

(o) The term “special education teacher” means teachers who teach children with disabilities as defined in the Individuals With Disabilities Education Act [20 U.S.C. 1400 et seq.].

(p) The term “service-learning” has the same meaning given that term under section 12511(23) of title 42.

(Pub. L. 89 329, title XII, §1201, formerly title VIII, §801, Nov. 8, 1965, 79 Stat. 1269; renumbered title XII, §1201, and amended Pub. L. 90 575, title II, §§251, 293, 294, Oct. 16, 1968, 82 Stat. 1042, 1050, 1051; Pub. L. 91 230, title VIII, §806(b), Apr. 13, 1970, 84 Stat. 192; Pub. L. 92 318, title I, §131(d)(1), June 23, 1972, 86 Stat. 260; Pub. L. 94 482, title I, §181(a), formerly §181, Oct. 12, 1976, 90 Stat. 2167, renumbered Pub. L. 95 43, §1(b)(7), June 15, 1977, 91 Stat. 218; Pub. L. 95 180, §1(a), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96 374, title XIII, §1391(a)(1), (b), Oct. 3, 1980, 94 Stat. 1503; Pub. L. 100 50, §21(a), June 3, 1987, 101 Stat. 360; Pub. L. 102 26, §2(a)(4), Apr. 9, 1991, 105 Stat. 123; Pub. L. 102 325, title XII, §1201, July 23, 1992, 106 Stat. 792; Pub. L. 102 394, title III, §308(a), Oct. 6, 1992, 106 Stat. 1820; Pub. L. 103 82, title I, §111(b)(5), Sept. 21, 1993, 107 Stat. 861; Pub. L. 103 208, §2(j)(48), Dec. 20, 1993, 107 Stat. 2485.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 89 329. For complete classification of this Act to this Code, see Short Title note set out under section 1001 of this title and Tables.

Sections 2891 and 3063 of this title, referred to in subsecs. (d), (f), (g), (i), and (k), were in the original references to sections 1471 and 4103, respectively, of the Elementary and Secondary Education Act of 1965, Pub. L. 89 10, and were omitted in the general amendment of that Act by Pub. L. 103 382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. For definitions, see section 8801 of this title.

The Individuals With Disabilities Education Act, referred to in subsec. (o), is title VI of Pub. L. 91 230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments

1993—Subsec. (a). Pub. L. 103 208 substituted “subpart 2 of part G of subchapter IV of this chapter,” for “subpart 3 of part G,”.

Subsec. (p). Pub. L. 103 82 substituted “section 12511(23) of title 42” for “section 12511(22) of title 42”.

1992—Subsec. (a). Pub. L. 102 394 substituted “, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.” for period at end of cl. (5) of first sentence.

Pub. L. 102 325, §1201(1)(A), which directed the amendment of first sentence by striking “, or if not so accredited” through “institution so accredited”, was executed by striking out “or, if not so accredited, (A) is an institution with respect to which the Secretary has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited” after “accrediting agency or association” in cl. (5) of first sentence, to reflect the probable intent of Congress.

Pub. L. 102 325, §1201(1)(B), in last sentence, inserted “, pursuant to subpart 3 of part G,” after “determines” and “the education or” after “quality of”.

Subsecs. (d) to (k). Pub. L. 102 325, §1201(2), added subsecs. (d) to (k) and struck out former subsecs. (d) and (e) which defined “secondary school” and “Secretary”, respectively, and former subsecs. (g) to (k), which defined “local educational agency”, “State educational agency”, “elementary school”, “combination of institutions of higher education”, and “gifted and talented children”, respectively.

Subsecs. (n) to (p). Pub. L. 102 325, §1201(3), added subsecs. (n) to (p).

1991—Subsec. (a). Pub. L. 102 26, which directed the striking out of “and who meets the requirements of section 1091(d) of this title” before period at end of third sentence was executed by striking out “and who meet the requirements of section 1091(d) of this title”, to reflect the probable intent of Congress.

1987—Subsec. (a). Pub. L. 100 50 substituted “meet the requirements of section 1091(d) of this title” for “have the ability to benefit from the training offered by the institution”.

1980—Subsec. (a). Pub. L. 96 374, §1391(a)(1), substituted “Secretary” for “Commissioner” wherever appearing.

Subsec. (e). Pub. L. 96 374, §1391(b)(1), substituted “Secretary of Education” for “Secretary of Health, Education, and Welfare”.

Subsec. (f). Pub. L. 96 374, §1391(b)(2), struck out subsec. (f) which defined “Commissioner” as meaning the Commissioner of Education.

Subsec. (k). Pub. L. 96 374, §1391(a)(1), substituted “Secretary” for “Commissioner”.

Subsec. (m). Pub. L. 96 374, §1391(b)(3), added subsec. (m).

1977—Subsec. (b). Pub. L. 95 180 added the government of the Northern Mariana Islands and the Trust Territory of the Pacific Islands to the enumeration of areas included within the term “State”.

1976—Subsec. (a). Pub. L. 94 482 inserted sentence which included public or nonprofit private educational institutions which admit as regular students persons beyond the age of compulsory school attendance within definition of “institution of higher learning”.

1972—Subsec. (l). Pub. L. 92 318 added subsec. (l).

1970—Subsec. (k). Pub. L. 91 230 added subsec. (k).

1968—Subsec. (a). Pub. L. 90 575, §293, designated existing provisions of cl. (5) as subcl. (B) thereof and added subcl. (A) and, in provisions following the enumerated five clauses, substituted reference to schools which provide not less than a one-year program of training to prepare students for gainful employment in a recognized occupation for reference to business schools and technical institutions.

Subsec. (j). Pub. L. 90 575, §294 added subsec. (j) defining “combination of institutions of higher education”.

Effective Date of 1993 Amendments

Amendment by Pub. L. 103 208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102 325, except as otherwise provided, see section 5(a) of Pub. L. 103 208, set out as a note under section 1003 of this title.

Amendment by Pub. L. 103 82 effective Oct. 1, 1993, see section 123 of Pub. L. 103 82, set out as a note under section 1701 of Title 16, Conservation.

Effective Date of 1992 Amendments

Section 308(b) of Pub. L. 102 394 provided that: “The amendment made by this section [amending this section] shall be effective on October 1, 1992.”

Amendment by Pub. L. 102 325 effective Oct. 1, 1992, see section 2 of Pub. L. 102 325, set out as a note under section 1001 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102 26 applicable to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after July 1, 1991, see section 2(d)(1) of Pub. L. 102 26, set out as a note under section 1085 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100 50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99 498, see section 27 of Pub. L. 100 50, set out as a note under section 1001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96 374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96 374, set out as a note under section 1001 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94 482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94 482, set out as a note under section 1001 of this title.

Retroactive Effect of 1977 Amendment

Section 1(d) of Pub. L. 95 180 provided that: “Nothing in this Act [amending this section and sections 1088, 1122, 1135, and 1135a 1 of this title], the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.], or any other provision of law shall invalidate any payments or other benefits provided under the Higher Education Act of 1965 to an agency or institution in the Trust Territory of the Pacific Islands or to the government of the Northern Mariana Islands prior to the enactment of this Act [Nov. 15, 1977].”

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. Accreditation Through Transfer of Credit

Section 2(n) of Pub. L. 103 208 provided that:

“(1) An institution of higher education which satisfied the requirements of section 1201(a)(5)(B) of the Act [20 U.S.C. 1141(a)(5)(B)] prior to the enactment of the Higher Education Amendments of 1992 [July 23, 1992], shall be considered to meet the requirements of section 1201(a)(5) of the Act if—

“(A) within 60 days after the date of enactment of the Higher Education Technical Amendments of 1993 [Dec. 20, 1993], such institution has applied for accreditation by a nationally recognized accrediting agency or association which the Secretary determines, pursuant to subpart 2 of part H of title IV of the Act [20 U.S.C. 1099b], to be a reliable authority as to the quality of education or training offered;

“(B) within 2 years of the date of enactment of the Higher Education Technical Amendments of 1993 [Dec. 20, 1993], such institution is accredited by such an accrediting agency or association or, if not so accredited, has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and

“(C) such institution is legally authorized within a State to provide education beyond secondary education.

“(2) The Secretary shall determine whether to recertify any institution that meets the requirements of paragraph (1) within 2 years after the date of enactment of this Act [Dec. 20, 1993].

“(3) Paragraph (1) of this subsection shall be effective on and after July 23, 1992.”

Authority for Limitation, Suspension, or Termination of Eligibility of Institution of Higher Education

Section 181(b) of Pub. L. 94 482, as added by Pub. L. 95 43, §1(b)(7), provided that: “Neither the amendment made by subsection (a) of this section [amending subsec. (a) of this section] nor the amendment made to section 435(b)(1) of the Act [section 1085(b)(1) of this title] (by section 127(a) of this Act) shall be construed to authorize terminating the eligibility of an institution which was deemed to be an institution of higher education for purposes of sections 435(b)(1) and 1201(a) [section 1085(b)(1) of this title and subsec. (a) of this section] on the date of enactment of this Act [Oct. 12, 1976]. The preceding sentence of this section shall not be construed to impair the authority of the Commissioner [now Secretary of Education] to limit, suspend, or terminate such eligibility for the reasons and as provided by section 497 of the Act [section 1088f of this title].”

Section Referred to in Other Sections

This section is referred to in sections 1088, 1099c, 1115, 1132, 1135f, 1228c, 2002, 2394e, 3902, 4206, 4514, 4702, 5602, 6322, 7601, 8801, 9001 of this title; title 10 sections 2193, 2199; title 18 section 207; title 22 sections 2460, 4502, 4703; title 25 sections 13, 1801, 1813, 3371; title 26 section 135; title 29 sections 631, 706, 721, 1503, 1551, 2202; title 30 section 1291; title 33 section 1262; title 39 section 3626; title 42 sections 1862i, 3002, 3791, 7274e, 9844, 9877, 9910c, 11851, 12511, 12626, 12899f; title 50 section 1908.

1See References in Text note below.