Sec. 103. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 103 ( 20 U.S.C. 1003 ) is amended— by redesignating paragraphs

(4)through (9),

(10)through (14), and

(15)through (24), as paragraphs

(5)through (10),

(13)through (17), and

(20)through (28), respectively; by inserting after paragraph

(3)the following: The term default manipulation means engaging in a device or practice, such as branching, consolidation of campuses, consolidation or manipulation of the identification codes used by the Office of Postsecondary Education to designate campuses and institutions, change of ownership or control, serial forbearance, or any similar device or practice (as determined by the Secretary) when, but for the device or practice, one or more campuses of an institution of higher education would be at risk of cohort default rate sanctions under section 435 or student default risk sanctions under section 489A. ; by inserting after paragraph (10), as redesignated by paragraph (1), the following: The term Federal educational assistance funds means funds provided directly to an institution or to a student attending such institution under any of the following provisions of law: Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. Section 1784a, 2005, or 2007 of title 10, United States Code. Title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) or title I of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ). The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ). The term foster care children and youth — means children and youth whose care and placement is the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act ( 42 U.S.C. 672 ) on behalf of the child or youth; and includes individuals whose care and placement was the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) when they were age 13 or older but are no longer under the care and responsibility of the State or tribal agency. ; by inserting after paragraph (17), as redesignated by paragraph (1), the following: Except as provided in subparagraph (B), the term recruiting and marketing activity means an activity that consists of the following: Any advertising or promotion activity, including a paid announcement in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for a display or promotion at a job fair, military installation, or postsecondary education recruiting event. Any effort to identify and attract prospective students, directly or through a contractor or other third party, which shall include any contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV or participation in preadmission or advising activities, including— paying employees responsible for overseeing enrollment and for contacting potential students in person, by phone, by email, by internet communications, or by other means, regarding enrollment; compensating a person to provide to an institution of higher education contact information regarding prospective students, including information obtained through websites established for such purpose; and providing funds to a third party to create or maintain a website for the purpose of obtaining contact information regarding prospective students. Any other activity as the Secretary may determine, including paying for promotion or sponsorship of education or military-related associations. An activity that is required as a condition of receipt of funds by an institution under title IV, or under another applicable Federal law, shall not be considered to be a recruiting and marketing activity under subparagraph (A). The term private education loan has the meaning given the term in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ). ; and in paragraph (28), as redesignated by paragraph (1)— in the matter before subparagraph (A), by striking scientifically valid and inserting research-based ; and in subparagraph (B), by striking all students, including students with disabilities and students who are limited English proficient. and inserting all students. .

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