§ 1103a. Waiver authority and reporting requirement
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/usc/title-20/section-1103aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Waiver requirements; need-based assistance students The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(i) of this title in the case of an institution—
(1)that is extensively subsidized by the State in which the institution is located and charges low or no tuition;
(2)that serves a substantial number of low-income students as a percentage of the institution’s total student population;
(3)that is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low-income individuals;
(4)which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; or
(5)wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans.
(b)Waiver determinations; expenditures
(1)Waiver determinations The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(ii) of this title if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet the requirements is due to factors which, when used in the determination of compliance with the requirements, distort such determination, and that the institution’s designation as an eligible institution under part A is otherwise consistent with the purposes of this subchapter.
(2)Expenditures The Secretary shall submit to Congress every other year a report concerning the institutions that, although not satisfying the requirements of section 1101a(a)(2)(A)(ii) of this title, have been determined to be eligible institutions under part A. Such report shall—
(A)identify the factors referred to in paragraph
(1)that were considered by the Secretary as factors that distorted the determination of compliance with clauses
(i)and
(ii)of section 1101a(a)(2)(A) of this title; and
(B)contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.
(Pub. L. 89–329, title V, § 522, formerly § 512, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1772; renumbered § 522, Pub. L. 110–315, title V, § 502(a)(2), Aug. 14, 2008, 122 Stat. 3331.)
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statutes-at-large
- Public Law 99–498To reauthorize and revise the Higher Education Act of 1965, and for other purposes
- Public Law 102–325To reauthorize the Higher Education Act of 1965, and for other purposes
- Public Law 105–244To extend the authorization of programs under the Higher Education Act of 1965, and for other purposes
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U.S. Code
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- Pub. L. 89–329, title V, § 522
- Pub. L. 105–244, title V, § 501
- 112 Stat. 1772
- Pub. L. 110–315, title V, § 502(a)(2)
- 122 Stat. 3331
- Pub. L. 89–329, title V, § 512
- Pub. L. 102–325, title V, § 501(a)
- 106 Stat. 674
- Pub. L. 105–244
- Pub. L. 99–498, title V, § 501(a)
- 100 Stat. 1496
- Pub. L. 102–325
- section 522 of Pub. L. 89–329
- section 1104a of this title
- section 1105a of this title
- section 1112 of this title
- Pub. L. 94–482
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§ 1103a
Waiver authority and reporting requirement
U.S.C.×6
Stat.×3
Fed. Reg.×2
Bills×1
Stat. Comp.×1
Pub. L.Pub. L. 89–329, title V, § 522
Pub. L.Pub. L. 105–244, title V, § 501
Stat.112 Stat. 1772
Pub. L.Pub. L. 110–315, title V, § 502(a)(2)
Stat.122 Stat. 3331
Cites 18 · showing 6Cited by 13 across 5 sources