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119th Congress

Title 20 — Education

Part G · Chapter 28 — Higher Education Resources and Student Assistance

§ 1088. Definitions

Statutory text

(a)

Academic and award year

(1)

For the purpose of any program under this subchapter, the term “award year” shall be defined as the period beginning July 1 and ending June 30 of the following year.

(2)
(A)

For the purpose of any program under this subchapter, the term “academic year” shall—

(i)

require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or

(ii)

require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and

(iii)

require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least—

(I)

24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or

(II)

900 clock hours in a course of study that measures its program length in clock hours.

(B)

The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours.

(b)

Eligible program

(1)

For purposes of this 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.

(2)
(A)

A program is an eligible program for purposes of part B of this subchapter if it is a program of at least 300 clock hours of instruction, but less than 600 clock hours of instruction, offered during a minimum of 10 weeks, that—

(i)

has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary;

(ii)

has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and

(iii)

satisfies such further criteria as the Secretary may prescribe by regulation.

(B)

In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to have satisfied the requirements of this paragraph.

(3)

An otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this subchapter if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after ) to have the capability to effectively deliver distance education programs by an accrediting agency or association that—

(A)

is recognized by the Secretary under subpart 2 of part H; and

(B)

has evaluation of distance education programs within the scope of its recognition, as described in section 1099b(n)(3) of this title.

(4)

For purposes of this subchapter, the term “eligible program” includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is consistent with the accreditation of the institution or program utilizing the results of the assessment. In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to be an eligible program.

(c)

Third party servicer

For purposes of this 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.

(d)

Definitions for military deferments

For purposes of parts B, D, and E of this subchapter:

(1)

Active duty

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

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

(3)

National emergency

The term “national emergency” means the national emergency by reason of certain terrorist attacks declared by the President on , or subsequent national emergencies declared by the President by reason of terrorist attacks.

(4)

Serving on active duty

The term “serving on active duty during a war or other military operation or national emergency” means service by an individual who is—

(A)

a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10 or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and

(B)

any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned.

(5)

Qualifying National Guard duty

The term “qualifying National Guard duty during a war or other military operation or national emergency” means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 in connection with a war, other military operation, or a national emergency declared by the President and supported by Federal funds.

(e)

Consumer reporting agency

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

Footnotes

  1. 1 So in original. Probably should not be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title IV § 481 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1088

    Pub. L. 89–329, title IV, § 481, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1476

    Source evidence

    Code source credit
    Pub. L. 89–329, title IV, § 481, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1476

  2. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 15(1) · 101 Stat. 335

    Substituted · 20 U.S.C. § 1088(c)

    Pub. L. 100–50 substituted “section 1091(d) of this title” for “subsection (d) of this section”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–50 substituted “section 1091(d) of this title” for “subsection (d) of this section”.

    Enacted provision · exact public law section
    (1) in section 481(c), by striking out “subsection (d) of this 20 USC 1088. section” and inserting in lieu thereof “section 484(d)”;

  3. Student Loan Reconciliation Amendments of 1989

    Pub. L. 101–239 § 2007(b)(1) · 103 Stat. 2106

    Substituted · 20 U.S.C. § 1088(a)(1)

    Pub. L. 101–239, § 2007(b)(1), substituted “Subject to subsection (e) of this section, for the purpose” for “For the purpose”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–239, § 2007(b)(1), substituted “Subject to subsection (e) of this section, for the purpose” for “For the purpose”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking “For the purpose” and inserting “Subject to subsection (e), for the purpose”; and

  4. Student Loan Reconciliation Amendments of 1989

    Pub. L. 101–239 § 2007(c) · 103 Stat. 2106

    Added · 20 U.S.C. § 1088(a)(3)

    Pub. L. 101–239, § 2007(c), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–239, § 2007(c), added par. (3).

    Enacted provision · exact public law section
    (c) Eligible Institution Accreditation Rule.— Section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)) is amended by inserting after paragraph (2) the following new paragraph: “(3) Whenever the Secretary determines eligibility under paragraph (1), the Secretary shall not recognize the accreditation of any eligible institution of higher education under this subsection if the institution of higher education is in the process of receiving a new accreditation or changing accrediting agency or association unless the eligible institution submits to the Secretary all materials relating to the prior accreditation, including materials demonstrating reasonable cause for changing the accrediting agency or association.”.

  5. Student Loan Reconciliation Amendments of 1989

    Pub. L. 101–239 § 2007(b)(2) · 103 Stat. 2106

    Added · 20 U.S.C. § 1088(e)

    Pub. L. 101–239, § 2007(b)(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–239, § 2007(b)(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following: “(e) Impact of Loss of Accreditation.— An institution may not be certified or recertified as an institution of higher education under subsection (a) of this section if such institution has— “(1) had its institutional accreditation withdrawn, revoked, or otherwise terminated for cause during the preceding 24 months; or “(2) withdrawn from institutional accreditation voluntarily under a show cause or suspension order during the preceding 24 months; unless— “(A) such accreditation has been restored by the same accrediting agency which had accredited it prior to the withdrawal, revocation, or termination; or “(B) the institution has demonstrated its academic integrity to the satisfaction of the Secretary in accordance with section 1201(a)(5) (A) or (B) of this Act’.

  6. Student Loan Default Prevention Initiative Act of 1990

    Pub. L. 101–508 title III § 3005(b) · 104 Stat. 1388

    Repealed · 20 U.S.C. § 1088(b)

    Pub. L. 101–508, which inserted “, except in accordance with section 1091(d) of this title,” after “shall not” in fourth sentence, was repealed by Pub. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–508, which inserted “, except in accordance with section 1091(d) of this title,” after “shall not” in fourth sentence, was repealed by Pub. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment note below.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended in the fourth sentence by inserting “, except in accordance with section 484(d) of this Act,” after “shall not”.

  7. Higher Education Technical Amendments of 1991

    Pub. L. 102–26 § 2(d)(2)(A) · 105 Stat. 123

    Repealed · 20 U.S.C. § 1088(b)

    Pub. L. 102–26, § 2(d)(2)(A), repealed Pub. L. 101–508, § 3005(b). See 1990 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–26, § 2(d)(2)(A), repealed Pub. L. 101–508, § 3005(b). See 1990 Amendment note below.

    Enacted provision · exact public law section
    (A) Section 3005 20 USC 1088 and note, 1091. of the Omnibus Budget Reconciliation Act of 1990 is repealed. Sections 484(d) and 481(b) of the Act shall be applied as if such section 3005 had not been enacted.

  8. Higher Education Technical Amendments of 1991

    Pub. L. 102–26 § 2(a)(2) · 105 Stat. 123

    1. Struck · 20 U.S.C. § 1088(b)

      Pub. L. 102–26, § 2(a)(2), struck out “and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution” before period at end of second sentence

    2. Struck · 20 U.S.C. § 1088(b)

      Pub. L. 102–26, § 2(a)(2), struck out at end “The Secretary shall not promulgate regulations defining the admissions procedures or remediation programs that must be used by an institution in admitting students on the basis of their ability to benefit from the training offered and shall not, as a condition of recognition under section 413(e) of this Act, impose upon any accrediting body or bodies standards which are different or more restrictive than the standards provided in this subsection.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–26, § 2(a)(2), struck out “and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution” before period at end of second sentence, and struck out at end “The Secretary shall not promulgate regulations defining the admissions procedures or remediation programs that must be used by an institution in admitting students on the basis of their ability to benefit from the training offered and shall not, as a condition of recognition under section 413(e) of this Act, impose upon any accrediting body or bodies standards which are different or more restrictive than the standards provided in this subsection.”

    Enacted provision · exact public law section
    (2) Definition of proprietary institution of higher education.— Section 481(b) of the Act (20 U.S.C. 1088 (b)) is amended— (A) by striking out “and who have the ability to benefit (as determined by the institution under section 484(d)) from the training offered by the institution”; and (B) by striking out the last sentence thereof.

  9. Higher Education Technical Amendments of 1991

    Pub. L. 102–26 § 2(a)(3) · 105 Stat. 123

    Struck · 20 U.S.C. § 1088(c)

    Pub. L. 102–26, § 2(a)(3), struck out before period at end “and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–26, § 2(a)(3), struck out before period at end “and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution”.

    Enacted provision · exact public law section
    (3) Definition of postsecondary vocational institution.— Section 481(c) of the Act (20 U.S.C. 1088(c)) is amended by striking out “and who have the ability to benefit (as determined by the institution under section 484(d)) from the training offered by the institution”.

  10. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(a) · 106 Stat. 448

    Amended · 20 U.S.C. § 1088

    Pub. L. 102–325, § 481(a), amended section catchline

    Source evidence

    Code amendment note
    Pub. L. 102–325, § 481(a), amended section catchline.

    Enacted provision · exact public law section
    (a) Institution of Higher Education.— Section 481 of the Act (20 U.S.C. 1088(a)) is amended by striking the heading of such section and subsection (a) and inserting the following: “SEC. 481. DEFINITIONS. “(a) Institution of Higher Education.— (1) Subject to paragraphs (2) through (4) of this subsection, the term ‘institution of higher education’ for purposes of this title includes, in addition to the institutions covered by the definition in section 1201(a)— “(A) a proprietary institution of higher education; “(B) a postsecondary vocational institution; and “(C) only for the purposes of part B of this title, an institution outside the United States which is comparable to an institution of higher education as defined in section 1201(a) and which has been approved by the Secretary for the purpose of part B. “(2) (A) For the purpose of qualifying as an institution under Regulations. paragraph (1)(C) of this subsection, the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1201(a). In the case of a graduate medical school outside the United States, such criteria shall include a requirement that a student attending a graduate medical school outside the United States is ineligible for loans made, insured, or guaranteed under part B of this title unless— “(i) (I) at least 60 percent of those enrolled and at least 60 percent of the graduates of the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of this title; and “(II) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of this title; or “(ii) the institution’s clinical training program was approved by a State as of January 1, 1992. “(B) For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish an advisory panel of medical experts which shall— “(i) evaluate the standards of accreditation applied to applicant foreign medical schools; and “(ii) determine the comparability of those standards to standards for accreditation applied to United States medical schools. If such accreditation standards are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1201(a). “(C) The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) of this paragraph shall render such institution ineligible for the purpose of part B of this title. “(D) The Secretary shall, not later than one year after the date of enactment of the Higher Education Amendments of 1992, prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on the implementation of the regulations required by subparagraph (A) of this paragraph. “(E) If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under this title, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred. “(3) An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1), if such institution— “(A) offers more than 50 percent of such institution’s courses by correspondence, unless the institution is an institution that meets the definition in section 521(4)(C) of the Carl D. Perkins Vocational and Applied Technology Education Act; “(B) enrolls 50 percent or more of its students in correspondence courses, unless the institution is an institution that meets the definition in such section; “(C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the prohibition of this subparagraph for a nonprofit institution that provides a 4-year or a 2-year program of instruction (or both) for which it awards a bachelor’s or associate’s degree, respectively; or “(D) has a student enrollment in which more than 50 percent of the students are admitted pursuant to section 484(d) and does not provide a 4-year or a 2-year program of instruction (or both) for which it awards a bachelor’s or associate’s degree, respectively. “(4) An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— “(A) such institution has filed for bankruptcy; or “(B) the institution, its owner, or its chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under this title, or has been judicially determined to have committed fraud involving funds under this title. “(5) The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H. “(6) An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under this title as a result of an action pursuant to part H of this title.”.

  11. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(a) · 106 Stat. 448

    1. Added · 20 U.S.C. § 1088(a)

      Pub. L. 102–325, § 481(a), added subsec. (a)

    2. Struck · 20 U.S.C. § 1088(a)

      Pub. L. 102–325, § 481(a), struck out former subsec. (a) which contained pars. (1) and (2) defining “institution of higher education” and “accredited” and par. (3) which related to recognition of accreditation of eligible institutions of higher education

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–325, § 481(a), added subsec. (a) and struck out former subsec. (a) which contained pars. (1) and (2) defining “institution of higher education” and “accredited” and par. (3) which related to recognition of accreditation of eligible institutions of higher education.

    Enacted provision · exact public law section
    (a) Institution of Higher Education.— Section 481 of the Act (20 U.S.C. 1088(a)) is amended by striking the heading of such section and subsection (a) and inserting the following: “SEC. 481. DEFINITIONS. “(a) Institution of Higher Education.— (1) Subject to paragraphs (2) through (4) of this subsection, the term ‘institution of higher education’ for purposes of this title includes, in addition to the institutions covered by the definition in section 1201(a)— “(A) a proprietary institution of higher education; “(B) a postsecondary vocational institution; and “(C) only for the purposes of part B of this title, an institution outside the United States which is comparable to an institution of higher education as defined in section 1201(a) and which has been approved by the Secretary for the purpose of part B. “(2) (A) For the purpose of qualifying as an institution under Regulations. paragraph (1)(C) of this subsection, the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1201(a). In the case of a graduate medical school outside the United States, such criteria shall include a requirement that a student attending a graduate medical school outside the United States is ineligible for loans made, insured, or guaranteed under part B of this title unless— “(i) (I) at least 60 percent of those enrolled and at least 60 percent of the graduates of the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of this title; and “(II) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of this title; or “(ii) the institution’s clinical training program was approved by a State as of January 1, 1992. “(B) For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish an advisory panel of medical experts which shall— “(i) evaluate the standards of accreditation applied to applicant foreign medical schools; and “(ii) determine the comparability of those standards to standards for accreditation applied to United States medical schools. If such accreditation standards are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1201(a). “(C) The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) of this paragraph shall render such institution ineligible for the purpose of part B of this title. “(D) The Secretary shall, not later than one year after the date of enactment of the Higher Education Amendments of 1992, prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on the implementation of the regulations required by subparagraph (A) of this paragraph. “(E) If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under this title, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred. “(3) An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1), if such institution— “(A) offers more than 50 percent of such institution’s courses by correspondence, unless the institution is an institution that meets the definition in section 521(4)(C) of the Carl D. Perkins Vocational and Applied Technology Education Act; “(B) enrolls 50 percent or more of its students in correspondence courses, unless the institution is an institution that meets the definition in such section; “(C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the prohibition of this subparagraph for a nonprofit institution that provides a 4-year or a 2-year program of instruction (or both) for which it awards a bachelor’s or associate’s degree, respectively; or “(D) has a student enrollment in which more than 50 percent of the students are admitted pursuant to section 484(d) and does not provide a 4-year or a 2-year program of instruction (or both) for which it awards a bachelor’s or associate’s degree, respectively. “(4) An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— “(A) such institution has filed for bankruptcy; or “(B) the institution, its owner, or its chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under this title, or has been judicially determined to have committed fraud involving funds under this title. “(5) The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H. “(6) An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under this title as a result of an action pursuant to part H of this title.”.

  12. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(b)(4) · 106 Stat. 448

    Struck · 20 U.S.C. § 1088(b)

    Pub. L. 102–325, § 481(b)(4), struck out at end “For the purpose of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–325, § 481(b)(4), struck out at end “For the purpose of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.”

    Enacted provision · exact public law section
    (4) by striking the last sentence.

  13. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(b)(1) · 106 Stat. 448

    Substituted · 20 U.S.C. § 1088(b)(1)

    Pub. L. 102–325, § 481(b)(1), substituted “an eligible program” for “not less than a 6-month program”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–325, § 481(b)(1), substituted “an eligible program” for “not less than a 6-month program”.

    Enacted provision · exact public law section
    (1) in clause (1), by striking “not less than a 6-month program” and inserting “an eligible program”;

  14. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(b)(2) · 106 Stat. 448

    Substituted · 20 U.S.C. § 1088(b)(4)

    Pub. L. 102–325, § 481(b)(2), substituted “pursuant to part H of this subchapter,” for “for this purpose, and”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–325, § 481(b)(2), substituted “pursuant to part H of this subchapter,” for “for this purpose, and”.

    Enacted provision · exact public law section
    (2) in clause (4)— (A) by striking “for this purpose” and inserting “pursuant to part H of this title”; and (B) by striking “and” at the end thereof;

  15. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(b)(3) · 106 Stat. 448

    1. Substituted · 20 U.S.C. § 1088(b)(5); 20 U.S.C. § 1088(b)(6)

      Pub. L. 102–325, § 481(b)(3), substituted “years, and” for “years.” in cl. (5)

    2. Added · 20 U.S.C. § 1088(b)(5); 20 U.S.C. § 1088(b)(6)

      Pub. L. 102–325, § 481(b)(3), added cl. (6)

    Source evidence

    Code amendment note
    Subsec. (b)(5), (6). Pub. L. 102–325, § 481(b)(3), substituted “years, and” for “years.” in cl. (5) and added cl. (6).

    Enacted provision · exact public law section
    (3) by striking the period at the end of clause (5) and inserting the following: “, and (6) which has at least 15 percent of its revenues from sources that are not derived from funds provided under this title, as determined in accordance with regulations prescribed by the Secretary.”; and

  16. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(c) · 106 Stat. 448

    Substituted · 20 U.S.C. § 1088(c)(1)

    Pub. L. 102–325, § 481(c), substituted “an eligible program” for “not less than a six-month program”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–325, § 481(c), substituted “an eligible program” for “not less than a six-month program”.

    Enacted provision · exact public law section
    (c) Postsecondary Vocational Institution.— Section 481(c)(1) of the Act is amended by striking “not less than a 6-month program” and inserting “an eligible program”.

  17. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(d) · 106 Stat. 448

    1. Inserted · 20 U.S.C. § 1088(d)

      Pub. L. 102–325, § 481(d), inserted “and award” after “Academic” in heading

    2. Amended · 20 U.S.C. § 1088(d)

      Pub. L. 102–325, § 481(d), amended text generally. Prior to amendment, text read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall be defined by the Secretary by regulation.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–325, § 481(d), inserted “and award” after “Academic” in heading and amended text generally. Prior to amendment, text read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall be defined by the Secretary by regulation.”

    Enacted provision · exact public law section
    (d) Award Year.— Section 481(d) of the Act is amended to read as follows: “(d) Academic and Award Year.— (1) For the purpose of any program under this title, the term ‘award year’ shall be defined as the period beginning July 1 and ending June 30 of the following year. “(2) For the purpose of any program under this title, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time in which a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution which measures program length in credit hours or at least 900 clock hours at an institution which measures program length in clock hours.”.

  18. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(e) · 106 Stat. 448

    1. Amended · 20 U.S.C. § 1088(e)

      Pub. L. 102–325, § 481(e), amended subsec. (e) generally

    2. Substituted · 20 U.S.C. § 1088(e)

      Pub. L. 102–325, § 481(e), substituting provisions relating to eligible program for provisions relating to impact of loss of accreditation

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–325, § 481(e), amended subsec. (e) generally, substituting provisions relating to eligible program for provisions relating to impact of loss of accreditation.

    Enacted provision · exact public law section
    (e) Eligible Program.— Section 481(e) of the Act is amended to read as follows: “(e) Eligible Program.— (1) For purposes of this title, 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. “(2) The Secretary shall develop regulations to determine the Regulations. quality of programs of less than 600 clock hours in length. Such regulations shall require, at a minimum, that the programs have a verified rate of completion of at least 70 percent and a verified rate of placement of at least 70 percent. Pursuant to these regulations and notwithstanding paragraph (1), the Secretary shall allow programs of less than 600 clock hours, but greater than 300 clock hours, in length to be eligible to participate in the programs authorized under part B of this title.”.

  19. Higher Education Amendments of 1992

    Pub. L. 102–325 § 481(f) · 106 Stat. 448

    Added · 20 U.S.C. § 1088(f)

    Pub. L. 102–325, § 481(f), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–325, § 481(f), added subsec. (f).

    Enacted provision · exact public law section
    (f) Third Party Servicer.— Section 481 of the Act is amended by adding the following new subsection after subsection (e): “(f) Third Party Servicer.— For purposes of this title, the term ‘third party servicer’ means any State or private, 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 title; 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 title, including originating, guaranteeing, monitoring, processing, servicing, or collecting

  20. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(1) · 107 Stat. 2457

    Inserted · 20 U.S.C. § 1088(a)(3)(B)

    Pub. L. 103–208, § 2(h)(1), inserted before semicolon at end “, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 103–208, § 2(h)(1), inserted before semicolon at end “, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree”.

    Enacted provision · exact public law section
    (1) in section 481(a)(3)(B), by inserting before the semicolon 20 USC 1088. the following: “, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree”;

  21. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(2) · 107 Stat. 2457

    1. Substituted · 20 U.S.C. § 1088(a)(3)(D)

      Pub. L. 103–208, § 2(h)(2), substituted “do not have a high school diploma or its recognized equivalent” for “are admitted pursuant to section 1091(d) of this title”

    2. Inserted · 20 U.S.C. § 1088(a)(3)(D)

      Pub. L. 103–208, § 2(h)(2), inserted before period at end “, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that it exceeds such limitation because it serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a high school diploma or its recognized equivalent”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D). Pub. L. 103–208, § 2(h)(2), substituted “do not have a high school diploma or its recognized equivalent” for “are admitted pursuant to section 1091(d) of this title” and inserted before period at end “, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that it exceeds such limitation because it serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a high school diploma or its recognized equivalent”.

    Enacted provision · exact public law section
    (2) in section 481(a)(3)(D)— (A) by striking “are admitted pursuant to section 484(d)” and inserting “do not have a high school diploma or its recognized equivalent”; and (B) by inserting before the period the following: “, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that it exceeds such limitation because it serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a high school diploma or its recognized equivalent”;

  22. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(3) · 107 Stat. 2457

    Amended · 20 U.S.C. § 1088(a)(4)(A)

    Pub. L. 103–208, § 2(h)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “such institution has filed for bankruptcy; or”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 103–208, § 2(h)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “such institution has filed for bankruptcy; or”.

    Enacted provision · exact public law section
    (3) in section 481(a)(4), by amending subparagraph (A) to read as follows: “(A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy; or”;

  23. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(4) · 107 Stat. 2457

    Amended · 20 U.S.C. § 1088(d)(2)

    Pub. L. 103–208, § 2(h)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time in which a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution which measures program length in credit hours or at least 900 clock hours at an institution which measures program length in clock hours.”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 103–208, § 2(h)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time in which a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution which measures program length in credit hours or at least 900 clock hours at an institution which measures program length in clock hours.”

    Enacted provision · exact public law section
    (4) in section 481(d), by amending paragraph (2) to read as follows: “(2) For the purpose of any program under this title, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time, and, with respect to an undergraduate course of study, shall require that during such minimum period of instructional time a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution that measures program length in credit hours, or at least 900 clock hours at an institution that measures program length in clock hours. The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.”;

  24. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(5) · 107 Stat. 2457

    Amended · 20 U.S.C. § 1088(e)(2)

    Pub. L. 103–208, § 2(h)(5), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall develop regulations to determine the quality of programs of less than 600 clock hours in length. Such regulations shall require, at a minimum, that the programs have a verified rate of completion of at least 70 percent and a verified rate of placement of at least 70 percent. Pursuant to these regulations and notwithstanding paragraph (1), the Secretary shall allow programs of less than 600 clock hours, but greater than 300 clock hours, in length to be eligible to participate in the programs authorized under part B of this subchapter.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 103–208, § 2(h)(5), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall develop regulations to determine the quality of programs of less than 600 clock hours in length. Such regulations shall require, at a minimum, that the programs have a verified rate of completion of at least 70 percent and a verified rate of placement of at least 70 percent. Pursuant to these regulations and notwithstanding paragraph (1), the Secretary shall allow programs of less than 600 clock hours, but greater than 300 clock hours, in length to be eligible to participate in the programs authorized under part B of this subchapter.”

    Enacted provision · exact public law section
    (5) in section 481(e) by striking paragraph (2) and inserting the following: “(2) (A) A program is an eligible program for purposes of part B of this title if it is a program of at least 300 clock hours of instruction, but less than 600 clock hours of instruction, offered during a minimum of 10 weeks, that— “(i) has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; “(ii) has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and “(iii) satisfies such further criteria as the Secretary may prescribe by regulation. “(B) In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to have satisfied the requirements of this paragraph.”;

  25. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(6) · 107 Stat. 2457

    Substituted · 20 U.S.C. § 1088(f)

    Pub. L. 103–208, § 2(h)(6), substituted “individual, or any State,” for “State” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–208, § 2(h)(6), substituted “individual, or any State,” for “State” in introductory provisions.

    Enacted provision · exact public law section
    (6) 20 USC 1088. in section 481(f), by striking “State” and inserting “individual, or any State,”;

  26. Pub. L. 105–216 § 12 · 112 Stat. 897

    1. Amended · 20 U.S.C. § 1088(a)(4)

      Pub. L. 105–216, which directed the amendment of par. (4), effective 1 year after July 29, 1998, by designating existing provisions as subpar. (A)

    2. Redesignated · 20 U.S.C. § 1088(a)(4)

      Pub. L. 105–216, which directed the amendment of par. (4), effective 1 year after July 29, 1998, by redesignating former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and by adding subpar. (B) to read as follows: “Subparagraph (A)(i) shall not apply to a nonprofit institution whose primary function is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, and December 31, 1998.”, could not be executed because subsec. (a) did not contain a par. (4) subsequent to amendment by Pub. L. 105–244. See above

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 105–216, which directed the amendment of par. (4), effective 1 year after July 29, 1998, by designating existing provisions as subpar. (A), redesignating former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and by adding subpar. (B) to read as follows: “Subparagraph (A)(i) shall not apply to a nonprofit institution whose primary function is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, and December 31, 1998.”, could not be executed because subsec. (a) did not contain a par. (4) subsequent to amendment by Pub. L. 105–244. See above.

    Enacted provision · exact public law section
    SEC. 12. AMENDMENT TO HIGHER EDUCATION ACT OF 1965. Section 481(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)(4)) is amended by— (1) inserting the subparagraph designation “(A)” immediately after the paragraph designation “(4)”; (2) redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (3) adding at the end thereof the following new subparagraph: “(B) Subparagraph (A)(i) shall not apply to a nonprofit institution whose primary function is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 of the United States Code between July 1, and December 31, 1998.” .

  27. An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

    Pub. L. 105–244 title I § 101(c) · 112 Stat. 1581

    1. Redesignated · 20 U.S.C. § 1088

      Pub. L. 105–244 redesignated subsecs. (d) to (f) as (a) to (c), respectively

    2. Struck · 20 U.S.C. § 1088

      Pub. L. 105–244 struck out former subsecs. (a) to (c) which defined the terms “institution of higher education”, “proprietary institution of higher education”, and “postsecondary vocational institution”. See section 1002 of this title

    Source evidence

    Code amendment note
    Pub. L. 105–244 redesignated subsecs. (d) to (f) as (a) to (c), respectively, and struck out former subsecs. (a) to (c) which defined the terms “institution of higher education”, “proprietary institution of higher education”, and “postsecondary vocational institution”. See section 1002 of this title.

    Enacted provision · exact public law section
    (c) Repeal of Title IV Definition.— Section 481 (20 U.S.C. 1088) is amended.— (1) by striking subsections (a), (b), and (c); and (2) by redesignating subsections (d) through (f) as subsections (a) through (c), respectively.

  28. Higher Education Reconciliation Act of 2005

    Pub. L. 109–171 § 8020(a) · 120 Stat. 4

    Amended · 20 U.S.C. § 1088(a)(2)

    Pub. L. 109–171, § 8020(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time, and, with respect to an undergraduate course of study, shall require that during such minimum period of instructional time a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution that measures program length in credit hours, or at least 900 clock hours at an institution that measures program length in clock hours. The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–171, § 8020(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time, and, with respect to an undergraduate course of study, shall require that during such minimum period of instructional time a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution that measures program length in credit hours, or at least 900 clock hours at an institution that measures program length in clock hours. The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.”

    Enacted provision · exact public law section
    (a) Academic Year.— Paragraph (2) of section 481(a) (20 U.S.C. 1088(a)) is amended to read as follows: “(2) (A) For the purpose of any program under this title, the term ‘academic year’ shall— “(i) require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or “(ii) require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and “(iii) require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least— “(I) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or “(II) 900 clock hours in a course of study that measures its program length in clock hours. “(B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.” .

  29. Higher Education Reconciliation Act of 2005

    Pub. L. 109–171 § 8020(b) · 120 Stat. 4

    Added · 20 U.S.C. § 1088(b)(3); 20 U.S.C. § 1088(b)(4)

    Pub. L. 109–171, § 8020(b), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 109–171, § 8020(b), added pars. (3) and (4).

    Enacted provision · exact public law section
    (b) Distance Education: Eligible Program.— Section 481(b) (20 U.S.C. 1088(b)) is amended by adding at the end the following new paragraphs: “(3) An otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this title if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after the date of enactment of the Higher Education Reconciliation Act of 2005) to have the capability to effectively deliver distance education programs by an accrediting agency or association that— “(A) is recognized by the Secretary under subpart 2 of part H; and “(B) has evaluation of distance education programs within the scope of its recognition, as described in section 496(n)(3). “(4) For purposes of this title, the term ‘eligible program’ includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is consistent with the accreditation of the institution or program utilizing the results of the assessment. In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to be an eligible program.” .

  30. Higher Education Reconciliation Act of 2005

    Pub. L. 109–171 § 8007(d) · 120 Stat. 4

    Added · 20 U.S.C. § 1088(d)

    Pub. L. 109–171, § 8007(d), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–171, § 8007(d), added subsec. (d).

    Enacted provision · exact public law section
    (d) Definitions.— Section 481 (20 U.S.C. 1088) is amended by adding at the end the following new subsection: “(d) Definitions for Military Deferments.— For purposes of parts B, D, and E of this title: “(1) Active duty.— The term ‘active duty’ has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. “(2) Military operation.— The term ‘military operation’ means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code. “(3) National emergency.— 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.— The term ‘serving on active duty during a war or other military operation or national emergency’ means service by an individual who is— “(A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and “(B) any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. “(5) Qualifying national guard duty.— The term ‘qualifying National Guard duty during a war or other military operation or national emergency’ means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, other military operation, or a national emergency declared by the President and supported by Federal funds.” .

  31. Higher Education Opportunity Act

    Pub. L. 110–315 § 481(1) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1088(a)(2)(B)

    Pub. L. 110–315, § 481(1), inserted “and that measures program length in credit hours or clock hours” after “baccalaureate degree”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 110–315, § 481(1), inserted “and that measures program length in credit hours or clock hours” after “baccalaureate degree”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(B), by inserting “and that measures program length in credit hours or clock hours” after “baccalaureate degree”; and

  32. Higher Education Opportunity Act

    Pub. L. 110–315 § 481(2) · 122 Stat. 3078

    Added · 20 U.S.C. § 1088(e); 20 U.S.C. § 1088(f)

    Pub. L. 110–315, § 481(2), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 110–315, § 481(2), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(e) Consumer Reporting Agency.— For purposes of this title, 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 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). “(f) Definition of Educational Service Agency.— For purposes of parts B, D, and E, the term ‘educational service agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.” .

  33. Pub. L. 111–39 title IV § 407(b)(1) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1088(c)

    Pub. L. 111–39 substituted “any State, or any private, for-profit or nonprofit organization,” for “or any State, or private, profit or nonprofit organization” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–39 substituted “any State, or any private, for-profit or nonprofit organization,” for “or any State, or private, profit or nonprofit organization” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) of section 481(c) (20 U.S.C. 1088(c)), by striking “or any State, or private, profit or nonprofit organization” and inserting “any State, or any private, for-profit or nonprofit organization,”;

  34. Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215 · 129 Stat. 1802

    Changed · 20 U.S.C. § 1088(f)

    Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of this title

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.

    Enacted provision · exact public law section
    SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS. (a) Act of April 16, 1934 (popularly Known as the Johnson-O’Malley Act).— Section 5(a) of the Act of April 16, 1934 (popularly known as the Johnson-O’Malley Act) (25 U.S.C. 456(a)) is amended by striking “section 7114(c)(4) of the Elementary and Secondary Education Act of 1965” and inserting “section 6114(c)(4) of the Elementary and Secondary Education Act of 1965”. (b) Adam Walsh Child Protection and Safety Act of 2006.— Section 153(h) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16962(h)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (c) Adult Education and Literacy Act.— Paragraph (8) of section 203 of the Adult Education and Literacy Act (29 U.S.C. 3272) is amended to read as follows: “(8) Essential components of reading instruction.— The term ‘essential components of reading instruction’ means explicit and systematic instruction in— “(A) phonemic awareness; “(B) phonics; “(C) vocabulary development; “(D) reading fluency, including oral reading skills; and “(E) reading comprehension strategies.” . (d) Age Discrimination Act of 1975.— Section 309(4)(B)(ii) of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (e) Age Discrimination in Employment Act of 1967.— Section 4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (f) Agricultural Act of 2014.— Section 7606(a) of the Agricultural Act of 2014 (7 U.S.C. 5940(a)) is amended by striking “the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.),”. (g) Agricultural Research, Extension, and Education Reform Act of 1998.— Section 413(b)(4) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7633(b)(4)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (h) Albert Einstein Distinguished Educator Fellowship Act of 1994.— Each of paragraphs (1), (2), and (3) of section 514 of the Albert Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 7838b) are amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (i) America COMPETES Act.— The America COMPETES Act (Public Law 110–69) is amended as follows: (1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”. (2) Section 6122 (20 U.S.C. 9832) is amended— (A) in paragraph (3), by striking “The term ‘low-income student’ has the meaning given the term ‘low-income individual’ in section 1707(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(3)).” and inserting “The term ‘low-income student’ means an individual who is determined by a State educational agency or local educational agency to be a child ages 5 through 19, from a low-income family, on the basis of data used by the Secretary to determine allocations under section 1124 of the Elementary and Secondary Education Act of 1965, data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, data on children in families receiving assistance under part A of title IV of the Social Security Act, or data on children eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act, or through an alternate method that combines or extrapolates from those data.”; and (B) in paragraph (4), by striking “The term ‘high concentration of low-income students’ has the meaning given the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).” and inserting “The term ‘high concentration of low-income students’, used with respect to a school, means a school that serves a student population 40 percent or more of who are low-income students.”. (3) Section 6123 (20 U.S.C. 9833) is amended— (A) in subsection (c), by striking “the activities carried out under section 1705 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6535).” and inserting the following: “any activities carried out under section 4104 or 4107 of the Elementary and Secondary Education Act of 1965 that provide students access to accelerated learning programs that provide— “(1) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or “(2) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate programs.” ; and (B) in subsection (j)(2)(B), by striking “section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))” and inserting “section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi))”. (4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 9871(e)(2)(D)(ii)(I)) is amended by striking “yearly test records of individual students with respect to assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b))” and inserting “yearly test records of individual students with respect to assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2))”. (5) Section 7001 (42 U.S.C. 1862o note) is amended— (A) in paragraph (4), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (7), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (j) American History and Civics Education Act of 2004.— Section 2(d) of the American History and Civics Education Act of 2004 (20 U.S.C. 6713 note) is amended by striking “to carry out part D of title V of the Elementary and Secondary Education Act of 1965” and inserting “to carry out section 2232 of the Elementary and Secondary Education Act of 1965”. (k) Anti-Drug Abuse Act of 1988.— Section 3521(d)(8)(A) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is amended by striking “education and instruction consistent with title IV of the Elementary and Secondary Education Act of 1965” and inserting “education and instruction consistent with part A of title IV of the Elementary and Secondary Education Act of 1965”. (l) Assets for Independence Act.— Section 404(11) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking “section 7207 of the Native Hawaiian Education Act” and inserting “section 6207 of the Native Hawaiian Education Act”. (m) Assistive Technology Act of 1998.— Section 4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 (29 U.S.C. 3003(c)(2)(B)(i)(V)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (n) Carl D. Perkins Career and Technical Education Act of 2006.— The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows: (1) Section 3 (20 U.S.C. 2302) is amended— (A) in paragraph (8), by striking “section 5210 of the Elementary and Secondary Education Act of 1965” and inserting “section 4310 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (11), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (19), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (D) in paragraph (27), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking “section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965” and inserting “section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”. (3) Section 113(b) (20 U.S.C. 2323(b)) is amended— (A) in paragraph (2)(A)— (i) by striking clause (i) and inserting the following: “(i) Student attainment of the challenging State academic standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined levels of achievement on the academic assessments described in section 1111(b)(2) of such Act.” ; and (ii) in clause (iv), by striking “(as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965)” and inserting “(as described in section 1111(c)(4)(A)(i)(I)(bb) of the Elementary and Secondary Education Act of 1965)”; and (B) in paragraph (4)(C)(ii)(I), by striking “categories” and inserting “subgroups”. (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking “integrating those programs with academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;” and inserting the following: “integrating those programs with challenging State academic standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;”. (5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by striking “section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)” and inserting “section 6207 of the Native Hawaiian Education Act”. (6) Section 122(c)(20 U.S.C. 2342(c)) is amended— (A) in paragraph (1)(I)(i), by striking “aligned with rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” and inserting “aligned with challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (7)(A)(i), by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is amended in paragraph (4)(A), by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended— (A) in subparagraph (B)(i), by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”; and (B) in subparagraph (E), by striking “in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “in order to provide a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is amended by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is amended by striking “in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “as part of a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (o) Child Abuse Prevention and Treatment Act.— Section 111(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(3)) is amended by striking “section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517);” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965;”. (p) Child Care and Development Block Grant Act of 1990.— The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended as follows: (1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking “(as defined in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517))” and inserting “(as defined in section 6207 of the Elementary and Secondary Education Act of 1965)”. (2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by striking “an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832)” and inserting “an individual who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited English proficient, as defined in section 637 of the Head Start Act (42 U.S.C. 9832)”. (q) Children’s Internet Protection Act.— Section 1721(g) of the Children’s Internet Protection Act (20 U.S.C. 9134 note; 114 Stat. 2763A-350), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763), is amended by striking “Notwithstanding any other provision of law, funds available under section 3134 or part A of title VI of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title.” and inserting “Notwithstanding any other provision of law, funds available under part B of title I of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title.”. (r) Civil Rights Act of 1964.— Section 606(2)(B) of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking “a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965),” and inserting “a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965),”. (s) Communications Act of 1934.— Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended— (1) in paragraph (5)(A)(iii), by striking “an elementary or secondary school as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “an elementary school or a secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965”; and (2) in paragraph (7)(A), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (t) Community Services Block Grant Act.— Section 682(b)(4) of the Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (u) Congressional Award Act.— Section 203(3)(A) of the Congressional Award Act (2 U.S.C. 812(3)(A)) is amended by striking “section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (v) Department of Education Organization Act.— Section 215(b)(2)(A) of the Department of Education Organization Act (20 U.S.C. 3423c) is amended by striking “be responsible for administering this title” and inserting “be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965”. (w) Department of Energy Science Education Enhancement Act.— Section 3181(a)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended by striking “with a high concentration of low-income individuals (as defined in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537))” and inserting “in which 40 percent or more of the students attending the school are children from low-income families”. (x) Department of Transportation and Related Agencies Appropriations Act, 2001.— Section 303 of the Department of Transportation and Related Agencies Appropriations Act, 2001, (49 U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law by section 101(a) of the Act entitled “An Act making appropriations for the Department of Transportation and related agencies for the fiscal year ending September, 30, 2001, and for other purposes”, approved October 23, 2000 (Public Law 106-346; 114 Stat. 1356), is amended by striking “except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents;” and inserting “except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965, for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents;”. (y) District of Columbia College Access Act of 1999.— Section 3(c)(5) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(5), D.C. Official Code) is amended by striking “section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (z) District of Columbia School Reform Act of 1995.— Section 2210(a) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.10(a), D.C. Official Code) is amended by striking paragraph (6) and inserting the following: “(6) Inapplicability of certain esea provisions.— The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: “(A) Paragraph (4) of section 1112(b) and paragraph (1) of section 1112(c). “(B) Section 1113. “(C) Subsections (d) and (e) of section 1116. “(D) Section 1117. “(E) Subsections (c) and (e) of section 1118.” . (aa) Earthquake Hazards.— Section 2(c)(1)(A) of the Act entitled “An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes”, approved October 1, 1997 (42 U.S.C. 7704 note) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (bb) Education Amendments of 1972.— Section 908(2)(B) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by striking “9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;”. (cc) Education Amendments of 1978.— Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended as follows: (1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by striking “part B of title I of the Elementary and Secondary Education Act of 1965” and inserting “subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965”. (2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by striking “the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “the Elementary and Secondary Education Act of 1965”. (dd) Education for Economic Security Act.— The Education for Economic Security Act (20 U.S.C. 3901 et seq.) is amended as follows: (1) Section 3 (20 U.S.C. 3902) is amended— (A) in paragraph (3), by striking “section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”; (B) in paragraph (7), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (8), by striking “section 198(a)(7) of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (D) in paragraph (12), by striking “section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”. (2) Section 511 (20 U.S.C. 4020) is amended— (A) by striking subparagraph (A) of paragraph (4) and inserting the following: “(A) any local educational agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and” ; and (B) by striking subparagraph (A) of paragraph (5) and inserting the following: “(A) any elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 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; and” . (ee) Education of the Deaf Act of 1986.— Section 104(b)(5) of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking “select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3))” and inserting “select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))”; and (B) in clause (ii), by striking “2009–2010 academic year” and inserting “2016–2017 academic year”; (2) by striking subparagraph (B) and inserting the following: “(B) adopt the accountability system, consistent with section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph (A)(i); and” ; and (3) in subparagraph (C), by striking “whether the programs at the Clerc Center are making adequate yearly progress” and inserting “the results of the annual evaluation of the programs at the Clerc Center”. (ff) Education Sciences Reform Act of 2002.— The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended as follows: (1) Paragraph (1) of section 102 (20 U.S.C. 9501) is amended to read as follows: “(1) (A) In general.— The terms ‘elementary school’, ‘secondary school’, ‘local educational agency’, and ‘State educational agency’ have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. “(B) Outlying areas.— The term ‘outlying areas’ has the meaning given such term in section 1121(c) of such Act. “(C) Freely associated states.— The term ‘freely associated states’ means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.” . (2) Section 173(b) (20 U.S.C. 9563(b)) is amended by striking “part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.)” and inserting “section 8601 of the Elementary and Secondary Education Act of 1965”. (gg) Educational Technical Assistance Act of 2002.— The Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended as follows: (1) Section 202 (20 U.S.C. 9601) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 203 (20 U.S.C. 9602) is amended— (A) in subsection (a)(2)(B), by striking “the number of schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))” and inserting “the number of schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”; (B) in subsection (e)(3), by striking “schools in the region that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))” and inserting “schools in the region that are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”; and (C) in subsection (f)(1)(B), by striking “and encouraging and sustaining school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)))” and inserting “, and particularly assisting those schools implementing comprehensive support and improvement and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965,”. (hh) Family and Medical Leave Act of 1993.— Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (ii) Family Violence Prevention and Services Act.— Section 302(6) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(6)) is amended by striking “section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965.”. (jj) FDA Food Safety Modernization Act.— Section 112(a)(2) of the FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (kk) Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.— Section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a) is amended— (1) in subsection (a), by striking “subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))” and inserting “subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7003(a)(1)”; and (2) in subsection (g), by striking “section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).” and inserting “section 7013 of the Elementary and Secondary Education Act of 1965.”. (ll) Food and Agriculture Act of 1977.— Section 1417(j)(1)(B) of the Food and Agriculture Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (mm) General Education Provisions Act.— The General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended as follows: (1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by striking “section 9601 of the Elementary and Secondary Education Act of 1965” and inserting “section 8601 of the Elementary and Secondary Education Act of 1965”. (2) Section 426 (20 U.S.C. 1228) is amended by striking “title VIII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 8003(d) of such Act or residing on property described in section 8013(10) of such Act.” and inserting “title VII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 7003(d) of such Act or residing on property described in section 7013(10) of such Act.”. (3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is amended by striking “an elementary or secondary school as defined by the Elementary and Secondary Education Act of 1965” and inserting “an elementary or secondary school (as defined by the terms ‘elementary school’ and ‘secondary school’ in section 8101 of the Elementary and Secondary Education Act of 1965)”. (4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by striking “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” and inserting “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”. (5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is amended by striking “part A of title V” and inserting “part A of title IV”. (nn) Head Start Act.— The Head Start Act (42 U.S.C. 9831 et seq.) is amended as follows: (1) Section 637 (42 U.S.C. 9832) is amended— (A) in the paragraph relating to a delegate agency, by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in subparagraph (A)(ii)(I) of the paragraph relating to limited English proficient, by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a native resident of an outlying area (as defined in such section 9101);” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101);”. (2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended— (A) in subparagraph (H)— (i) by striking clause (i); (ii) by redesignating clauses (ii) through (vii) as clauses (i) through (vi), respectively; and (iii) in clause (i) (as so redesignated)— (I) by striking “other”; and (II) by striking “that Act” and inserting “the Elementary and Secondary Education Act of 1965”; and (B) in subparagraph (J)(iii), by striking “, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)”. (3) Section 642 (42 U.S.C. 9837) is amended— (A) in subsection (b)(4), by striking “, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)”; and (B) in subsection (e)(3), by striking “Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),”. (4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended— (A) in paragraph (7)(B), by striking “the information provided to parents of limited English proficient children under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)” and inserting “the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965”; and (B) in paragraph (8), by striking “parental involvement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)” and inserting “parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965”. (5) Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii)) is amended by striking “, and for activities described in section 1222(d) of the Elementary and Secondary Education Act of 1965),”. (6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi)) is amended— (A) by striking subclause (III); (B) by redesignating subclauses (IV) through (VII) as subclauses (III) through (VI), respectively; and (C) in subclause (III) (as so redesignated)— (i) by striking “other”; and (ii) by striking “that Act” and inserting “the Elementary and Secondary Education Act of 1965”. (oo) Higher Education Act of 1965.— The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: (1) Section 103 (20 U.S.C. 1003) is amended— (A) in paragraph (9), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (10), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (11), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (D) in paragraph (16), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (E) in paragraph (21), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 200 (20 U.S.C. 1021) is amended— (A) in paragraph (3), by striking “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “The term ‘core academic subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography”; (B) in paragraph (5), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (6)(B), by striking “section 5210 of the Elementary and Secondary Education Act of 1965)” and inserting “section 4310 of the Elementary and Secondary Education Act of 1965)”; (D) by striking paragraph (7) and inserting the following: “(7) Essential components of reading instruction.— The term ‘essential components of reading instruction’ has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.” ; (E) by striking paragraph (8) and inserting the following: “(8) Exemplary teacher.— The term ‘exemplary teacher’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.” ; (F) in paragraph (10)(A)— (i) in clause (iii), by striking “section 6211(b) of the Elementary and Secondary Education Act of 1965” and inserting “section 5211(b) of the Elementary and Secondary Education Act of 1965”; and (ii) in clause (iv), by striking “section 6221(b) of the Elementary and Secondary Education Act of 1965” and inserting “section 5221(b) of the Elementary and Secondary Education Act of 1965”; (G) in paragraph (15), by striking “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.”; (H) in paragraph (16), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (I) in paragraph (19), by striking “section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”. (3) Section 202 (20 U.S.C. 1022a) is amended in subsection (b)(6)(E)(ii), by striking “student academic achievement standards and academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” and inserting “challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,”. (4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is amended by striking “are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” and inserting “are aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”. (5) Section 241 (20 U.S.C. 1033)) is amended by striking paragraph (2) and inserting the following: “(2) Scientifically based reading research.— The term ‘scientifically based reading research’— “(A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and “(B) includes research that— “(i) employs systemic, empirical methods that draw on observation or experiment; “(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; “(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and “(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.” . (6) Section 317(b) (20 U.S.C. 1059d(b)) is amended— (A) in paragraph (1), by striking “section 7306 of the Elementary and Secondary Education Act of 1965;” and inserting “section 6306 of the Elementary and Secondary Education Act of 1965;”; and (B) in paragraph (3), by striking “section 7207 of the Elementary and Secondary Education Act of 1965; and” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965; and”. (7) Section 402E(d)(2) (20 U.S.C. 1070a–15(d)(2)) is amended— (A) in subparagraph (A), by striking “Alaska Natives, as defined in section 7306 of the Elementary and Secondary Education Act of 1965;” and inserting “Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965;”; and (B) in subparagraph (B), by striking “Native Hawaiians, as defined in section 7207 of such Act” and inserting “Native Hawaiians, as defined in section 6207 of such Act”. (8) Section 428K (20 U.S.C. 1078–11) is amended in subsection (b)— (A) in paragraph (5)(B)(iv), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) by striking paragraph (8) and inserting the following: “(8) School counselors.— The individual— “(A) is employed full-time as a school counselor who has documented competence in counseling children and adolescents in a school setting and who— “(i) is licensed by the State or certified by an independent professional regulatory authority; “(ii) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or “(iii) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; and “(B) is so employed in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.” . (9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by striking “eligible to be counted under title I of the Elementary and Secondary Education Act of 1965” and inserting “eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965”. (10) Section 481(f) (20 U.S.C. 1088(f)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (11) Section 819(b) (20 U.S.C. 1161j) is amended— (A) in paragraph (1), by striking “section 7306 of the Elementary and Secondary Education Act of 1965.” and inserting “section 6306 of the Elementary and Secondary Education Act of 1965.”; and (B) in paragraph (4), by striking “section 7207 of the Elementary and Secondary Education Act of 1965.” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965.”. (12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (pp) Impact Aid Improvement Act of 2012.— Section 563(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 7702 note) as amended by section 7001(a), is further amended by striking “Notwithstanding section 8005(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.” and inserting “With respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, for fiscal year 2010, title VIII of the Elementary and Secondary Education Act of 1965 (including the amendments made by subsection (b)(1)), as in effect on such date, and subsection (b)(1) shall take effect with respect to such applications, notwithstanding section 8005(d) of such Act, as in effect on such date.”. (qq) Indian Health Care Improvement Act.— Section 726(b)(3)(D)(iii) of the Indian Health Care Improvement Act (25 U.S.C. 1667e(b)(3)(D)(iii)) is amended by striking “a school receiving payments under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702, 7703).” and inserting “a school receiving payments under section 7002 or 7003 of the Elementary and Secondary Education Act of 1965.”. (rr) Indian Self-Determination and Education Assistance Act.— Section 209 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458e) is amended by striking “assistance provided under title IX of the Elementary and Secondary Education Act of 1965.” and inserting “assistance provided under title VI of the Elementary and Secondary Education Act of 1965.”. (ss) Individuals With Disabilities Education Act.— The Individuals with Disabilities Education Act is amended as follows: (1) Section 602 (20 U.S.C. 1401) is amended— (A) by striking paragraph (4); (B) in paragraph (8)(a)(3), by striking “under parts A and B of title III of that Act” and inserting “under part A of title III of that Act”; and (C) by striking paragraph (18) and inserting the following: “(18) Limited english proficient.— The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.” . (2) Section 611(e) (20 U.S.C. 1411(e)) is amended— (A) in paragraph (2)(C)— (i) in clause (x), by striking “6111 of the Elementary and Secondary Education Act of 1965” and inserting “1201 of the Elementary and Secondary Education Act of 1965”; and (ii) in clause (xi)— (I) by striking “including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to children with disabilities, in schools or local educational agencies identified for improvement under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities” and inserting “including direct student services described in section 1003A(c)(3) of the Elementary and Secondary Education Act of 1965 to children with disabilities, to schools or local educational agencies implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities”; and (II) by striking “to meet or exceed the objectives established by the State under section 1111(b)(2)(G) the Elementary and Secondary Education Act of 1965” and inserting “based on the challenging academic standards described in section 1111(b)(1) of such Act”; and (B) in paragraph (3)(C)(ii)(I)(bb), by striking “section 9101” and inserting “section 8101”. (3) Section 612(a) (20 U.S.C. 1412(a)) is amended— (A) in paragraph (15)— (i) in subparagraph (A), by striking clause (ii) and inserting the following: “(ii) are the same as the State’s long-term goals and measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965;” ; (ii) in subparagraph (B), by striking “including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)” and inserting “including measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i)”; and (B) in paragraph (16)(C)(ii)— (i) in subclause (I), by striking “State’s challenging academic content standards and challenging student academic achievement standards” and inserting “challenging State academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and alternate academic achievement standards under section 1111(b)(1)(E) of such Act”; and (ii) in subclause (II), by striking “the regulations promulgated to carry out section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” and inserting “section 1111(b)(1)(E) of the Elementary and Secondary Education Act of 1965,”. (4) Section 613(a) (20 U.S.C. 1413(a)) is amended in paragraph (3), by striking “subject to the requirements of section 612(a)(14) and section 2122 of the Elementary and Secondary Education Act of 1965” and inserting “subject to the requirements of section 612(a)(14) and section 2102(b) of the Elementary and Secondary Education Act of 1965”. (5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is amended by inserting “, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act” after “1965”. (6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is amended by striking “and 2112,” and inserting “and 2101(d)”. (7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by striking “and 2112,” and inserting “and 2101(d),”. (8) Section 654 (20 U.S.C. 1454) is amended— (A) in subsection (a)— (i) in paragraph (1)(B), by striking “challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “challenging State academic achievement standards and with the requirements for professional development, as defined in section 8101 of such Act”; and (ii) in paragraph (5)(A), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in subsection (b)(10), by inserting “(as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act)” after “1965”. (9) Section 662(b)(2)(A)(viii) (20 U.S.C. 1462(b)(2)(A)(viii)) is amended by striking “section 7113(d)(1)(A)(ii)” and inserting “section 6113(d)(1)(A)(ii)”. (10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by striking and inserting the following: “(2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments for assessing student academic achievement, as described under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;” . (11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is amended by striking “payments under title VIII of the Elementary and Secondary Education Act of 1965;” and inserting “payments under title VII of the Elementary and Secondary Education Act of 1965;”. (tt) National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is amended by striking “section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)));” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965);”. (uu) Internal Revenue Code of 1986.— The Internal Revenue Code of 1986 is amended as follows: (1) Section 54E(d)(2) 26 USC 54E. is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 457(e)(11)(D)(ii)(I) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (3) Section 1397E(d)(4)(B) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (vv) James Madison Memorial Fellowship Act.— Section 815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by striking “9101” and inserting “8101”. (ww) John Warner National Defense Authorization Act for Fiscal Year 2007.— Section 572(c) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2226) is amended by striking “section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (xx) Legislative Branch Appropriations Act, 1987.— Section 104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591) (2 U.S.C. 5540(3)(B)(ii)) is amended by striking “given such terms in section 9101” and inserting “given the terms elementary school and secondary school in section 8101”. (yy) Legislative Branch Appropriations Act, 1997.— Section 5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 66319(d)(1)) is amended by striking “public elementary or secondary school as such terms are defined in section 9101” and inserting “elementary school or secondary school, as such terms are defined in section 8101”. (zz) McKinney-Vento Homeless Assistance Act.— Section 725(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(3)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (aaa) Museum and Library Services Act.— The Museum and Library Services Act (20 U.S.C. 9161 et seq.) is amended as follows: (1) Section 204(f) (20 U.S.C. 9103(f)) is amended by striking paragraph (1) and inserting the following: “(1) activities under section 2226 of the Elementary and Secondary Education Act of 1965;” . (2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is amended by striking “including coordination with the activities within the State that are supported by a grant under section 1251 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6383)” and inserting “including coordination with the activities within the State that are supported by a grant under section 2226 of the Elementary and Secondary Education Act of 1965”. (3) Section 261 (20 U.S.C. 9161) is amended by striking “represent Native Hawaiians (as the term is defined in section 7207 of the Native Hawaiian Education Act” and inserting “represent Native Hawaiians (as the term is defined in section 6207 of the Native Hawaiian Education Act)”. (4) Section 274(d) (20 U.S.C. 9173(d)) is amended by striking “represent Native Hawaiians (as defined in section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)),” and inserting “represent Native Hawaiians (as defined in section 6207 of the Native Hawaiian Education Act),”. (bbb) National and Community Service Act of 1990.— The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as follows: (1) Section 101 (42 U.S.C. 12511) is amended— (A) in paragraph (15), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (24), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (39), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (D) in paragraph (45), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is amended by striking “not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is amended by striking “the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education” and inserting “the four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in subparagraph (C)(iii), by striking “secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education” and inserting “four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (ccc) National Defense Authorization Act for Fiscal Year 2006.— Section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b) is amended— (1) in subsection (a)(2), by striking “section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)).” and inserting “section 7003(a)(1) of the Elementary and Secondary Education Act of 1965.”; and (2) in subsection (e)(2), by striking “section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).” and inserting “section 7013(9) of the Elementary and Secondary Education Act of 1965.”. (ddd) National Defense Authorization Act for Fiscal Year 2012.— Section 532(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) (10 U.S.C. 503 note; 125 Stat. 1403(a)(1)) is amended by striking “(as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965).”. (eee) National Defense Authorization Act for Fiscal Year 2014.— Section 573 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) (10 U.S.C. 503 note; 127 Stat. 772) is amended— (1) in subsection (a)(1), by striking “(as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)),” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965),”; and (2) in subsection (b), by striking “(as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38))” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (fff) National Environmental Education Act.— Section 3(5) of the National Environmental Education Act (20 U.S.C. 5502(5)) is amended by striking “ ‘local educational agency’ means any education agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;” and inserting “ ‘local educational agency’ means any education agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;”. (ggg) National Science Foundation Authorization Act of 2002.— The National Science Foundation Authorization Act of 2002 (Public Law 107–368; 116 Stat. 3034) is amended as follows: (1) Section 4  (42 U.S.C. 1862n note) is amended— (A) in paragraph (3), by striking “The term ‘community college’ has the meaning given such term in section 3301(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011(3))” and inserting “The term ‘community college’ means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 that provides not less than a 2-year degree that is acceptable for full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the Tribally Controlled College or University Assistance Act of 1978”; (B) in paragraph (5), by striking “section 9101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(18))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (10), by striking “section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (D) in paragraph (13), by striking “section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (E) in paragraph (15), by striking “section 9101(41) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(41))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 9 (42 U.S.C. 1862n) is amended— (A) in subsection (a)(10)(A)(iii) in subclause (III), by striking “(as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(a)(1))” and inserting “(as described in section 1114(a)(1)(A))”; and (B) in subsection (c)(4), by striking “the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)” and inserting “other programs with similar purposes”. (hhh) National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is amended by striking “(as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)))” and inserting “(as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (iii) Native American Languages Act.— Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended— (1) in paragraph (2), by striking “section 7151(3) of the Elementary and Secondary Education Act of 1965” and inserting “section 6151(3) of the Elementary and Secondary Education Act of 1965”; and (2) in paragraph (3), by striking “section 7207 of the Elementary and Secondary Education Act of 1965” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965”. (jjj) Native Hawaiian Health Care Improvement Act.— Section 6(c)(4) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705(c)(4)) is amended by striking “private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7207 of that Act (20 U.S.C. 7517)) first and to others” and inserting “private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 6207 of the Elementary and Secondary Education Act of 1965) first and to others”. (kkk) Public Health Service Act.— The Public Health Service Act is amended as follows: (1) Section 319C–1(b)(2)(A)(vii) (42 U.S.C. 247d–3a(b)(2)(A)(vii)) is amended by striking “including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965)” and inserting “including State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (3) Section 520E(l)(2) (42 U.S.C. 290bb–36(l)(2)) is amended by striking “elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (lll) Refugee Education Assistance Act of 1980.— Section 101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking “such terms under section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “such terms under section 8101 of the Elementary and Secondary Education Act of 1965”. (mmm) Rehabilitation Act of 1973.— The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended as follows: (1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and”. (2) Section 206 (29 U.S.C. 766) is amended by striking “(as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “(as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (4) (A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added by section 458 of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676), is amended by striking “local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or a State educational agency (as defined in such section)” and inserting “local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) or a State educational agency (as defined in such section)”. (B) 29 USC 794g note. The amendment made by subparagraph (A) shall take effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676) takes effect, and as if enacted as part of such section. (nnn) Richard B. Russell National School Lunch Act.— The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (ooo) Safe Drinking Water Act.— Section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j–21(3)) is amended— (1) in paragraph (3), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (2) in paragraph (6), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (ppp) Scholarships for Opportunity and Results Act.— The Scholarships for Opportunity and Results Act (division C of Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official Code) is amended as follows: (1) In section 3003 (sec. 38–1853.03, D.C. Official Code), by striking “identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (2) In section 3006(1)(A) (sec. 38–1853.06(1)(A), D.C. Official Code), by striking “identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (3) In section 3007 (sec. 38–1853.07, D.C. Official Code)— (A) in subsection (a)(4)(F), by striking “ensures that, with respect to core academic subjects (as such term is defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))” and inserting “ensures that, with respect to core academic subjects (as such term was defined in section 9101(11) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(11)) on the day before the date of enactment of the Every Student Succeeds Act)”; and (B) in subsection (d), by striking “identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (4) In section 3013 (sec. D.C. Code 38–1853.13, D.C. Official Code)— (A) in paragraph (5), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (8), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (qqq) Social Security Act.— The Social Security Act (42 U.S.C. 301 et seq.) is amended as follows: (1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is amended by striking “local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “local educational agencies (as defined under section 8101 of the Elementary and Secondary Education Act of 1965)”. (2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) is amended by striking “as defined under section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “as defined under section 8101 of the Elementary and Secondary Education Act of 1965”. (rrr) State Dependent Care Development Grants Act.— Section 670G(6) of the State Dependent Care Development Grants Act (42 U.S.C. 9877(6)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (sss) Stevenson-Wydler Technology Innovation Act of 1980.— Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(8)) is amended— (1) in subparagraph (D), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (2) in subparagraph (G), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (3) in subparagraph (H), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (ttt) Telecommunications Act of 1996.— Section 706(d)(2) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (uuu) Title 10, United States Code.— Title 10, United States Code, is amended as follows: (1) Section 503 of title 10, United States Code, is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 1154(a) of title 10, United States Code, is amended— (A) in paragraph (1), by striking “section 5210(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(1))” and inserting “section 4310 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (3)(C), by striking “section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b))” and inserting “section 5211(b) of the Elementary and Secondary Education Act of 1965”; and (C) in paragraph (8), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (3) Section 2008 of title 10, United States Code, is amended by striking “section 8013(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act (20 U.S.C. 7708)” and inserting “section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act”. (4) Section 2194(f)(2) of title 10, United States Code, is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (vvv) Title 23, United States Code.— Section 504(d)(4) of title 23, United States Code, is amended— (1) in subparagraph (B), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (2) in subparagraph (C), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (www) Title 40, United States Code.— Section 502(c)(3)(C) of title 40, United States Code, is amended by striking “section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)” and inserting “section 7013 of the Elementary and Secondary Education Act of 1965”. (xxx) Toxic Substances Control Act.— The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended as follows: (1) Section 202 (15 U.S.C. 2642) is amended— (A) in paragraph (7), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (9), by striking “any elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “any elementary school or secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”; and (C) in paragraph (12), by striking “elementary or secondary school as defined in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 302(1) (15 U.S.C. 2662(1)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (yyy) Workforce Innovation and Opportunity Act.— The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) is amended as follows: (1) Section 3 (29 U.S.C. 3102) is amended— (A) in paragraph (34), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (55), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 3112(b)(2)(D)(ii)(I)) is amended by striking “with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))” and inserting “with challenging State academic standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))”. (3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is amended by striking “(based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311))” and inserting “(based on challenging State academic standards established under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))”. (4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by striking “section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517).” and inserting “section 6207 of the Native Hawaiian Education Act.”.

  35. Pub. L. 119–21 title VIII § 83002(b) · 139 Stat. 351

    1. Added · 20 U.S.C. § 1088(b)(3)(5)

      Pub. L. 119–21 added par. (3)

    2. Redesignated · 20 U.S.C. § 1088(b)(3)(5)

      Pub. L. 119–21 redesignated former pars. (3) and (4) as (4) and (5), respectively

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (5). Pub. L. 119–21 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

    Effective date note
    Amendment by Pub. L. 119–21 effective on July 1, 2026, and applicable with respect to award year 2026–2027 and each succeeding award year, see section 83002(c) of Pub. L. 119–21, set out as a note under section 1070a of this title.

41 of 44 references resolved to an enrolled provision · 1 partial · 2 unresolved

Notes

Amendment of Subsection (b)

Pub. L. 119–21, title VIII, § 83002(b), (c), , 139 Stat. 351, 352, provided that, effective on , and applicable with respect to award year 2026–2027 and each succeeding award year, subsection (b) of this section is amended as follows:

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(2) by inserting after paragraph (2) the following:

“(3)(A) A program is an eligible program for purposes of the Workforce Pell Grant program under section 1070a(k) of this title only if—

“(i) it is a program of at least 150 clock hours of instruction, but less than 600 clock hours of instruction, or an equivalent number of credit hours, offered by an eligible institution during a minimum of 8 weeks, but less than 15 weeks;

“(ii) it is not offered as a correspondence course, as defined in 600.2 of title 34, Code of Federal Regulations (as in effect on );

“(iii) the Governor of a State, after consultation with the State board, determines that the program—

“(I) provides an education aligned with the requirements of high-skill, high-wage (as identified by the State pursuant to section 2342 of this title), or in-demand industry sectors or occupations;

“(II) meets the hiring requirements of potential employers in the sectors or occupations described in subclause (I);

“(III) either—

“(aa) leads to a recognized postsecondary credential that is stackable and portable across more than one employer; or

“(bb) with respect to students enrolled in the program—

“(AA) prepares such students for employment in an occupation for which there is only one recognized postsecondary credential; and

“(BB) provides such students with such a credential upon completion of such program; and

“(IV) prepares students to pursue 1 or more certificate or degree programs at 1 or more institutions of higher education (which may include the eligible institution providing the program), including by ensuring—

“(aa) that a student, upon completion of the program and enrollment in such a related certificate or degree program, will receive academic credit for the Workforce Pell program that will be accepted toward meeting such certificate or degree program requirements; and

“(bb) the acceptability of such credit toward meeting such certificate or degree program requirements; and

“(iv) after the Governor of such State makes the determination that the program meets the requirements under clause (iii), the Secretary determines that—

“(I) the program has been offered by the eligible institution for not less than 1 year prior to the date on which the Secretary makes a determination under this clause;

“(II) for each award year, the program has a verified completion rate of at least 70 percent, within 150 percent of the normal time for completion;

“(III) for each award year, the program has a verified job placement rate of at least 70 percent, measured 180 days after completion; and

“(IV) for each award year, the total amount of the published tuition and fees of the program for such year is an amount that does not exceed the value-added earnings of students who received Federal financial aid under this subchapter and who completed the program 3 years prior to the award year, as such earnings are determined by calculating the difference between—

“(aa) the median earnings of such students, as adjusted by the State and metropolitan area regional price parities of the Bureau of Economic Analysis based on the location of such program; and

“(bb) 150 percent of the poverty line applicable to a single individual as determined under section 9902(2)of title 42 for such year.

“(B) In this paragraph:

“(i) The term “eligible institution” means an eligible institution for purposes of section 1070a of this title.

“(ii) The term “Governor” means the chief executive of a State.

“(iii) The terms “in-demand industry sector or occupation”, “recognized postsecondary credential”, and “State board” have the meanings given such terms in section 3102 of title 29.”

See 2025 Amendment note below.

Editorial Notes

Prior Provisions

A prior section 1088, Pub. L. 89–329, title IV, § 481, as added Pub. L. 96–374, title IV, § 451(a), , 94 Stat. 1443, defined “institution of higher education” for this subchapter, prior to the general amendment of this part by Pub. L. 99–498.

Another prior section 1088, Pub. L. 89–329, title IV, § 491, formerly § 461, as added Pub. L. 90–575, title I, § 151, , 82 Stat. 1032, renumbered § 491 and amended Pub. L. 92–318, title I, §§ 131(c), 137(b), title X, § 1001(c)(3), , 86 Stat. 259, 272, 381; amended Pub. L. 95–180, § 1(b), , 91 Stat. 1372; Pub. L. 95–566, § 6, , 92 Stat. 2403; Pub. L. 96–49, § 5(e), , 93 Stat. 352, defined terms for this subchapter, prior to the general revision of this part by Pub. L. 96–374.

Amendments1987–2025 · 12 rounds

2025

Subsec. (b)(3) to (5). Pub. L. 119–21 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

2015

Subsec. (f). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.

2009

Subsec. (c). Pub. L. 111–39 substituted “any State, or any private, for-profit or nonprofit organization,” for “or any State, or private, profit or nonprofit organization” in introductory provisions.

2008

Subsec. (a)(2)(B). Pub. L. 110–315, § 481(1), inserted “and that measures program length in credit hours or clock hours” after “baccalaureate degree”.

Subsecs. (e), (f). Pub. L. 110–315, § 481(2), added subsecs. (e) and (f).

2006

Subsec. (a)(2). Pub. L. 109–171, § 8020(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time, and, with respect to an undergraduate course of study, shall require that during such minimum period of instructional time a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution that measures program length in credit hours, or at least 900 clock hours at an institution that measures program length in clock hours. The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.”

Subsec. (b)(3), (4). Pub. L. 109–171, § 8020(b), added pars. (3) and (4).

Subsec. (d). Pub. L. 109–171, § 8007(d), added subsec. (d).

1998

Pub. L. 105–244 redesignated subsecs. (d) to (f) as (a) to (c), respectively, and struck out former subsecs. (a) to (c) which defined the terms “institution of higher education”, “proprietary institution of higher education”, and “postsecondary vocational institution”. See section 1002 of this title.

Subsec. (a)(4). Pub. L. 105–216, which directed the amendment of par. (4), effective 1 year after , by designating existing provisions as subpar. (A), redesignating former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and by adding subpar. (B) to read as follows: “Subparagraph (A)(i) shall not apply to a nonprofit institution whose primary function is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, and .”, could not be executed because subsec. (a) did not contain a par. (4) subsequent to amendment by Pub. L. 105–244. See above.

1993

Subsec. (a)(3)(B). Pub. L. 103–208, § 2(h)(1), inserted before semicolon at end “, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree”.

Subsec. (a)(3)(D). Pub. L. 103–208, § 2(h)(2), substituted “do not have a high school diploma or its recognized equivalent” for “are admitted pursuant to section 1091(d) of this title” and inserted before period at end “, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that it exceeds such limitation because it serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a high school diploma or its recognized equivalent”.

Subsec. (a)(4)(A). Pub. L. 103–208, § 2(h)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “such institution has filed for bankruptcy; or”.

Subsec. (d)(2). Pub. L. 103–208, § 2(h)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time in which a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution which measures program length in credit hours or at least 900 clock hours at an institution which measures program length in clock hours.”

Subsec. (e)(2). Pub. L. 103–208, § 2(h)(5), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall develop regulations to determine the quality of programs of less than 600 clock hours in length. Such regulations shall require, at a minimum, that the programs have a verified rate of completion of at least 70 percent and a verified rate of placement of at least 70 percent. Pursuant to these regulations and notwithstanding paragraph (1), the Secretary shall allow programs of less than 600 clock hours, but greater than 300 clock hours, in length to be eligible to participate in the programs authorized under part B of this subchapter.”

Subsec. (f). Pub. L. 103–208, § 2(h)(6), substituted “individual, or any State,” for “State” in introductory provisions.

1992

Pub. L. 102–325, § 481(a), amended section catchline.

Subsec. (a). Pub. L. 102–325, § 481(a), added subsec. (a) and struck out former subsec. (a) which contained pars. (1) and (2) defining “institution of higher education” and “accredited” and par. (3) which related to recognition of accreditation of eligible institutions of higher education.

Subsec. (b). Pub. L. 102–325, § 481(b)(4), struck out at end “For the purpose of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.”

Subsec. (b)(1). Pub. L. 102–325, § 481(b)(1), substituted “an eligible program” for “not less than a 6-month program”.

Subsec. (b)(4). Pub. L. 102–325, § 481(b)(2), substituted “pursuant to part H of this subchapter,” for “for this purpose, and”.

Subsec. (b)(5), (6). Pub. L. 102–325, § 481(b)(3), substituted “years, and” for “years.” in cl. (5) and added cl. (6).

Subsec. (c)(1). Pub. L. 102–325, § 481(c), substituted “an eligible program” for “not less than a six-month program”.

Subsec. (d). Pub. L. 102–325, § 481(d), inserted “and award” after “Academic” in heading and amended text generally. Prior to amendment, text read as follows: “For the purpose of any program under this subchapter, the term ‘academic year’ shall be defined by the Secretary by regulation.”

Subsec. (e). Pub. L. 102–325, § 481(e), amended subsec. (e) generally, substituting provisions relating to eligible program for provisions relating to impact of loss of accreditation.

Subsec. (f). Pub. L. 102–325, § 481(f), added subsec. (f).

1991

Subsec. (b). Pub. L. 102–26, § 2(d)(2)(A), repealed Pub. L. 101–508, § 3005(b). See 1990 Amendment note below.

Pub. L. 102–26, § 2(a)(2), struck out “and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution” before period at end of second sentence, and struck out at end “The Secretary shall not promulgate regulations defining the admissions procedures or remediation programs that must be used by an institution in admitting students on the basis of their ability to benefit from the training offered and shall not, as a condition of recognition under section 413(e) of this Act, impose upon any accrediting body or bodies standards which are different or more restrictive than the standards provided in this subsection.”

Subsec. (c). Pub. L. 102–26, § 2(a)(3), struck out before period at end “and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution”.

1990

Subsec. (b). Pub. L. 101–508, which inserted “, except in accordance with section 1091(d) of this title,” after “shall not” in fourth sentence, was repealed by Pub. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment note below.

1989

Subsec. (a)(1). Pub. L. 101–239, § 2007(b)(1), substituted “Subject to subsection (e) of this section, for the purpose” for “For the purpose”.

Subsec. (a)(3). Pub. L. 101–239, § 2007(c), added par. (3).

Subsec. (e). Pub. L. 101–239, § 2007(b)(2), added subsec. (e).

1987

Subsec. (c). Pub. L. 100–50 substituted “section 1091(d) of this title” for “subsection (d) of this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Amendment by Pub. L. 119–21 effective on , and applicable with respect to award year 2026–2027 and each succeeding award year, see section 83002(c) of Pub. L. 119–21, set out as a note under section 1070a of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–171 effective , except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title.

Amendment by section 8007(d) of Pub. L. 109–171 applicable with respect to all loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), see section 8007(f) of Pub. L. 109–171, set out as a note under section 1078 of this title.

Effective Date of 1998 Amendments

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Amendment by Pub. L. 105–216 effective 1 year after , see section 13 of Pub. L. 105–216, set out as an Effective Date note under section 4901 of Title 12, Banks and Banking.

Effective Date of 1993 Amendment

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 1051 of this title.

Effective Date of 1992 Amendment

Pub. L. 102–325, title IV, § 498, , 106 Stat. 634, provided that:

“The changes made in part G of title IV of the Act [20 U.S.C. 1088 et seq.] by the amendments made by this part [part G (§§ 481–498) of title IV of Pub. L. 102–325, enacting sections 1091b, 1092c, 1094a, 1094b, 1098a, and 1098b of this title, amending sections 1088 to 1091, 1092, 1092b, 1093, 1094, 1095, 1096, 1097, and 1098 of this title, and repealing section 1096a of this title] shall take effect on the date of enactment of this Act [], except that—

“(1)

as otherwise provided in such part G;

“(2)

the changes in section 481(a) [20 U.S.C. 1088(a)], relating to the definition of institution of higher education, other than paragraph (4) of such section, shall be effective on and after ;

“(3)

section 481(e) as added by such amendments, relating to the definition of eligible program, shall be effective on and after ;

“(4)

section 484(m)(1) [20 U.S.C. 1091(m)(1)], relating to proportion of courses permitted to be correspondence courses, as added by such amendments shall be effective on and after ;

“(5)

the changes in section 485 [20 U.S.C. 1092], relating to disclosures, shall be effective with respect to periods of enrollment beginning on or after ;

“(6)

the changes in section 488 [20 U.S.C. 1095], relating to transfers of allotments, shall apply with respect to funds provided for award years beginning on or after ; and

“(7)

the changes in section 489 [20 U.S.C. 1096], relating to payments for administrative expenses, shall apply with respect to funds provided for award years beginning on or after .”

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 , see section 2(d)(1) of Pub. L. 102–26, set out as a note under section 1085 of this title.

Effective Date of 1990 Amendment

Section 3005(c) of Pub. L. 101–508, which provided that the amendments made by section 3005 (amending this section and section 1091 of this title) were to apply to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after , was repealed by section 2(d)(2)(A) of Pub. L. 102–26. See Construction of 1991 Amendment note below.

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.

Construction of 2006 Amendment

Nothing in amendment by section 8007(d) of Pub. L. 109–171 to be construed to authorize any refunding of any repayment of a loan, see section 8007(e) of Pub. L. 109–171, set out as a note under section 1078 of this title.

Construction of 1991 Amendment

Pub. L. 102–26, § 2(d)(2)(A), , 105 Stat. 124, provided that: “Section 3005 of the Omnibus Reconciliation Act of 1990 [Pub. L. 101–508, amending this section and section 1091 of this title and enacting provisions set out as a note above] is repealed. Sections 484(d) and 481(b) of the Act [20 U.S.C. 1091(d), 1088(b)] shall be applied as if such section 3005 had not been enacted.”

Need-Based Aid

Pub. L. 102–325, title XV, § 1544, , 106 Stat. 837, authorized institutions of higher education to voluntarily agree with other such institutions to award financial aid not awarded under this chapter to students attending such institutions only on basis of demonstrated financial need for such aid, and to discuss and adopt principles of professional judgment for determining student financial need for such aid, with exceptions for cases pending on , and for discussions or agreements on prospective financial aid awards to specific common applicants, and provided that such authorization was to expire on , prior to repeal by Pub. L. 103–382, title V, § 568(e)(2), , 108 Stat. 4061. See section 568(a)–(d) of Pub. L. 103–382, set out as a note under section 1 of Title 15, Commerce and Trade.

Credits

1986–2025 · 14 acts
  1. 1986Pub. L. 89–329, title IV, § 481, as added Pub. L. 99–498, title IV, § 407(a), , 100 Stat. 1476
  2. 1987amended Pub. L. 100–50, § 15(1), , 101 Stat. 355
  3. 1989Pub. L. 101–239, title II, § 2007(b), (c), , 103 Stat. 2120, 2121
  4. 1990Pub. L. 101–508, title III, § 3005(b), , 104 Stat. 1388–28
  5. 1991Pub. L. 102–26, § 2(a)(2), (3), (d)(2)(A), , 105 Stat. 123, 124
  6. 1992Pub. L. 102–325, title IV, § 481, , 106 Stat. 609
  7. 1993Pub. L. 103–208, § 2(h)(1)–(6), , 107 Stat. 2475, 2476
  8. 1998Pub. L. 105–216, § 12, , 112 Stat. 908
  9. 1998Pub. L. 105–244, title I, § 101(c), , 112 Stat. 1617
  10. 2006Pub. L. 109–171, title VIII, §§ 8007(d), 8020(a), (b), , 120 Stat. 161, 177
  11. 2008Pub. L. 110–315, title IV, § 481, , 122 Stat. 3271
  12. 2009Pub. L. 111–39, title IV, § 407(b)(1), , 123 Stat. 1950
  13. 2015Pub. L. 114–95, title IX, § 9215(oo)(10), , 129 Stat. 2180
  14. 2025Pub. L. 119–21, title VIII, § 83002(b), , 139 Stat. 351.
Show as published

(Pub. L. 89–329, title IV, § 481, as added Pub. L. 99–498, title IV, § 407(a), , 100 Stat. 1476; amended Pub. L. 100–50, § 15(1), , 101 Stat. 355; Pub. L. 101–239, title II, § 2007(b), (c), , 103 Stat. 2120, 2121; Pub. L. 101–508, title III, § 3005(b), , 104 Stat. 1388–28; Pub. L. 102–26, § 2(a)(2), (3), (d)(2)(A), , 105 Stat. 123, 124; Pub. L. 102–325, title IV, § 481, , 106 Stat. 609; Pub. L. 103–208, § 2(h)(1)–(6), , 107 Stat. 2475, 2476; Pub. L. 105–216, § 12, , 112 Stat. 908; Pub. L. 105–244, title I, § 101(c), , 112 Stat. 1617; Pub. L. 109–171, title VIII, §§ 8007(d), 8020(a), (b), , 120 Stat. 161, 177; Pub. L. 110–315, title IV, § 481, , 122 Stat. 3271; Pub. L. 111–39, title IV, § 407(b)(1), , 123 Stat. 1950; Pub. L. 114–95, title IX, § 9215(oo)(10), , 129 Stat. 2180; Pub. L. 119–21, title VIII, § 83002(b), , 139 Stat. 351.)

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