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119th Congress

Title 20 — Education

Chapter 55 — Education of the Deaf

§ 4351. Definitions

Statutory text

As used in this chapter—

(1)

The term “international student” means an individual who—

(A)

is not a citizen or national of, or lawfully admitted for permanent residence in, the United States;

(B)

does not provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than temporary purposes with the intention of becoming a citizen of, or lawfully admitted for permanent residence in, the United States; and

(C)

is not lawfully admitted for permanent residence in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the Virgin Islands.

(2)

The term “construction” includes construction and initial equipment of new buildings, and expansion, remodeling, and alteration of existing buildings and equipment therein, including architect’s services, but excluding off-site improvements.

(3)

The term “institution of higher education” means an educational institution in any State which (A) admits as regular students only individuals having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (B) is legally authorized within such State to provide a program of education beyond secondary education; (C) provides an educational program for which it awards a bachelor’s degree; (D) includes one or more professional or graduate schools; (E) is a public or nonprofit private institution; and (F) is accredited by a nationally recognized accrediting agency or association. For the purpose of subparagraph (F), the Secretary shall publish a list of nationally recognized accrediting agencies or associations which the Secretary determines to be reliable authority as to the quality of training offered.

(4)

The term “Secretary” means the Secretary of Education.

(5)

The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(6)

The term “NTID” means the National Technical Institute for the Deaf.

(7)

The term “University” means Gallaudet University.

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. Pub. L. 99–371 title II § 201 · 100 Stat. 781

    Enacted · 20 U.S.C. § 4351

    Pub. L. 99–371, title II, § 201, formerly title IV, § 401, Aug. 4, 1986, 100 Stat. 789

    Source evidence

    Code source credit
    Pub. L. 99–371, title II, § 201, formerly title IV, § 401, Aug. 4, 1986, 100 Stat. 789

    Enacted provision · exact public law section
    SEC. 201. AUTHORITY. For the purpose of providing a residential facility for postsecondary technical training and education for individuals who are deaf in order to prepare them for successful employment, the institution of higher education with which the Secretary has an agreement under this title is authorized to operate and maintain a National Technical Institute for the Deaf.

  2. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 131(1) · 106 Stat. 2151

    1. Added · 20 U.S.C. § 4351(1)

      Pub. L. 102–421, § 131(1), added par. (1)

    2. Struck · 20 U.S.C. § 4351(1)

      Pub. L. 102–421, § 131(1), struck out former par. (1) which read as follows: “The term ‘Board of Trustees’ means (unless the context requires otherwise) the Board of Trustees of Gallaudet University established under section 4303 of this title.”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 102–421, § 131(1), added par. (1) and struck out former par. (1) which read as follows: “The term ‘Board of Trustees’ means (unless the context requires otherwise) the Board of Trustees of Gallaudet University established under section 4303 of this title.”

    Enacted provision · exact public law section
    (1) by striking paragraph (1) and inserting the following paragraph: “(1) The term ‘international student’ means an individual who— “(A) is not a citizen or national of, or lawfully admitted for permanent residence in, the United States; “(B) does not provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than temporary purposes with the intention of becoming a citizen of, or lawfully admitted for permanent residence in, the United States; or “(C) is not lawfully admitted for permanent residence in American Samoa, Guam, Palau (but only until the Compact of Free Association with Palau takes effect), the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the Virgin Islands.”;

  3. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 151(b)(1) · 106 Stat. 2151

    Substituted · 20 U.S.C. § 4351(2)

    Pub. L. 102–421, § 151(b)(1), substituted “therein” for “thereof”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 102–421, § 151(b)(1), substituted “therein” for “thereof”.

    Enacted provision · exact public law section
    (1) in paragraph (2), by striking “thereof’ and inserting “therein”;

  4. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 151(a)(3) · 106 Stat. 2151

    Substituted · 20 U.S.C. § 4351(3)

    Pub. L. 102–421, § 151(a)(3), (b)(2), substituted “children who are deaf or hard-of-hearing” for “deaf children”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 102–421, § 151(a)(3), (b)(2), substituted “children who are deaf or hard-of-hearing” for “deaf children”.

    Enacted provision · exact public law section
    (3) by striking “deaf children” each place such term appears and inserting “children who are deaf”;

  5. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 151(b)(3) · 106 Stat. 2151

    Substituted · 20 U.S.C. § 4351(4)

    Pub. L. 102–421, § 151(b)(3), substituted a semicolon for last comma in subpars. (A) to (E) of first sentence and “subparagraph” for “clause” in second sentence

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 102–421, § 151(b)(3), substituted a semicolon for last comma in subpars. (A) to (E) of first sentence and “subparagraph” for “clause” in second sentence.

    Enacted provision · exact public law section
    (3) in paragraph (4) (as redesignated by section 131(2)(B) of this Act)— (A) in the first sentence, in each of subparagraphs (A) through (E), by striking the last comma and inserting a semicolon; and (B) in the second sentence, by striking “clause” and inserting “subparagraph”.

  6. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 131(2) · 106 Stat. 2151

    1. Redesignated · 20 U.S.C. § 4351(4)

      Pub. L. 102–421, § 131(2), redesignated par. (5) as (4)

    2. Struck · 20 U.S.C. § 4351(4)

      Pub. L. 102–421, § 131(2), struck out former par. (4) which read as follows: “The term ‘Institute’ means the National Technical Institute for the Deaf.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–421, § 131(2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “The term ‘Institute’ means the National Technical Institute for the Deaf.”

    Enacted provision · exact public law section
    (2) (A) by striking paragraph (4); and (B) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively;

  7. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 131(2)(B) · 106 Stat. 2151

    Redesignated · 20 U.S.C. § 4351(5); 20 U.S.C. § 4351(6)

    Pub. L. 102–421, § 131(2)(B), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Pars. (5), (6). Pub. L. 102–421, § 131(2)(B), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively;

  8. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 131(2)(B) · 106 Stat. 2151

    1. Redesignated · 20 U.S.C. § 4351(7)

      Pub. L. 102–421, § 131(2)(B), (3), redesignated par. (8) as (7)

    2. Redesignated · 20 U.S.C. § 4351(7)

      Pub. L. 102–421, § 131(2)(B), (3), substituted “the Commonwealth of the Northern Mariana Islands, and Palau (but only until the Compact of Free Association with Palau takes effect).” for “the Northern Mariana Islands and the Trust Territory of the Pacific Islands.”. Former par. (7) redesignated (6)

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 102–421, § 131(2)(B), (3), redesignated par. (8) as (7) and substituted “the Commonwealth of the Northern Mariana Islands, and Palau (but only until the Compact of Free Association with Palau takes effect).” for “the Northern Mariana Islands and the Trust Territory of the Pacific Islands.”. Former par. (7) redesignated (6).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively;

  9. Education of the Deaf Act Amendments of 1992

    Pub. L. 102–421 § 131(2)(B) · 106 Stat. 2151

    1. Added · 20 U.S.C. § 4351(8); 20 U.S.C. § 4351(9)

      Pub. L. 102–421, § 131(2)(B), (4), added pars. (8) and (9)

    2. Redesignated · 20 U.S.C. § 4351(8); 20 U.S.C. § 4351(9)

      Pub. L. 102–421, § 131(2)(B), (4), redesignated former par. (8) as (7)

    Source evidence

    Code amendment note
    Pars. (8), (9). Pub. L. 102–421, § 131(2)(B), (4), added pars. (8) and (9) and redesignated former par. (8) as (7).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively;

  10. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 title II § 204(a) · 107 Stat. 718

    1. Substituted · 20 U.S.C. § 4351

      Pub. L. 103–73 substituted “and” for “or” at end of par. (1)(B)

    2. Redesignated · 20 U.S.C. § 4351

      Pub. L. 103–73 redesignated pars. (4) and (6) to (9) as (3) to (7), respectively

    3. Struck · 20 U.S.C. § 4351

      Pub. L. 103–73 struck out former pars. (3) and (5) which defined “elementary school” and “secondary school”, respectively

    Source evidence

    Code amendment note
    Pub. L. 103–73 substituted “and” for “or” at end of par. (1)(B), redesignated pars. (4) and (6) to (9) as (3) to (7), respectively, and struck out former pars. (3) and (5) which defined “elementary school” and “secondary school”, respectively.

    Enacted provision · exact public law section
    (a) Section 201.— Section 201 (20 U.S.C. 4351) is amended— (1) in paragraph (1)(B), by striking “United States; or” and inserting “United States; and”; and (2) by striking paragraphs (3) and (5); and (3) by redesignating paragraphs (4), (6), (7), (8), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively.

  11. Higher Education Amendments of 1998

    Pub. L. 105–244 § 915(1) · 112 Stat. 1581

    Struck · 20 U.S.C. § 4351(1)(C)

    Pub. L. 105–244, § 915(1), struck out “Palau (but only until the Compact of Free Association with Palau takes effect),” after “Guam,”

    Source evidence

    Code amendment note
    Par. (1)(C). Pub. L. 105–244, § 915(1), struck out “Palau (but only until the Compact of Free Association with Palau takes effect),” after “Guam,”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(C), by striking “Palau (but only until the Compact of Free Association with Palau takes effect),”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

  12. Higher Education Amendments of 1998

    Pub. L. 105–244 § 915(2) · 112 Stat. 1581

    1. Inserted · 20 U.S.C. § 4351(5)

      Pub. L. 105–244, § 915(2), inserted “and” after “Virgin Islands,”

    2. Struck · 20 U.S.C. § 4351(5)

      Pub. L. 105–244, § 915(2), struck out “, and Palau (but only until the Compact of Free Association with Palau takes effect)” after “Mariana Islands”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 105–244, § 915(2), inserted “and” after “Virgin Islands,” and struck out “, and Palau (but only until the Compact of Free Association with Palau takes effect)” after “Mariana Islands”.

    Enacted provision · exact public law section
    (2) in paragraph (5)— (A) by inserting “and” after “Virgin Islands,”; and (B) by striking “, and Palau (but only until the Compact of Free Association with Palau takes effect)”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

19 of 19 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 201 of Pub. L. 99–371 was renumbered section 111 and is classified to section 4331 of this title.

Provisions similar to this section were contained in sections 682, 693a, and 695a of this title prior to repeal by Pub. L. 99–371.

Amendments1992–1998 · 3 rounds

1998

Par. (1)(C). Pub. L. 105–244, § 915(1), struck out “Palau (but only until the Compact of Free Association with Palau takes effect),” after “Guam,”.

Par. (5). Pub. L. 105–244, § 915(2), inserted “and” after “Virgin Islands,” and struck out “, and Palau (but only until the Compact of Free Association with Palau takes effect)” after “Mariana Islands”.

1993

Pub. L. 103–73 substituted “and” for “or” at end of par. (1)(B), redesignated pars. (4) and (6) to (9) as (3) to (7), respectively, and struck out former pars. (3) and (5) which defined “elementary school” and “secondary school”, respectively.

1992

Par. (1). Pub. L. 102–421, § 131(1), added par. (1) and struck out former par. (1) which read as follows: “The term ‘Board of Trustees’ means (unless the context requires otherwise) the Board of Trustees of Gallaudet University established under section 4303 of this title.”

Par. (2). Pub. L. 102–421, § 151(b)(1), substituted “therein” for “thereof”.

Par. (3). Pub. L. 102–421, § 151(a)(3), (b)(2), substituted “children who are deaf or hard-of-hearing” for “deaf children”.

Par. (4). Pub. L. 102–421, § 151(b)(3), substituted a semicolon for last comma in subpars. (A) to (E) of first sentence and “subparagraph” for “clause” in second sentence.

Pub. L. 102–421, § 131(2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “The term ‘Institute’ means the National Technical Institute for the Deaf.”

Pars. (5), (6). Pub. L. 102–421, § 131(2)(B), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).

Par. (7). Pub. L. 102–421, § 131(2)(B), (3), redesignated par. (8) as (7) and substituted “the Commonwealth of the Northern Mariana Islands, and Palau (but only until the Compact of Free Association with Palau takes effect).” for “the Northern Mariana Islands and the Trust Territory of the Pacific Islands.”. Former par. (7) redesignated (6).

Pars. (8), (9). Pub. L. 102–421, § 131(2)(B), (4), added pars. (8) and (9) and redesignated former par. (8) as (7).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

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.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–421 effective , see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Credits

1986–1998 · 4 acts
  1. 1986Pub. L. 99–371, title II, § 201, formerly title IV, § 401, , 100 Stat. 789
  2. 1992renumbered title II, § 201, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 131, 151(a)(3), (b), , 106 Stat. 2151, 2155, 2164
  3. 1993Pub. L. 103–73, title II, § 204(a), , 107 Stat. 734
  4. 1998Pub. L. 105–244, title IX, § 915, , 112 Stat. 1830.
Show as published

(Pub. L. 99–371, title II, § 201, formerly title IV, § 401, , 100 Stat. 789; renumbered title II, § 201, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 131, 151(a)(3), (b), , 106 Stat. 2151, 2155, 2164; Pub. L. 103–73, title II, § 204(a), , 107 Stat. 734; Pub. L. 105–244, title IX, § 915, , 112 Stat. 1830.)

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USLM identifier /us/usc/t20/s4351