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Title 20 — Education

Chapter 55 — Education of the Deaf

§ 4359a. International students

Statutory text

(a)

Enrollment

(1)

In general

Except as provided in paragraph (2), effective with new admissions for academic year 1993–1994 and each succeeding academic year, the University (including undergraduate and graduate students) and NTID shall limit the enrollment of international students to approximately 15 percent of the total postsecondary student population enrolled respectively at the University or NTID, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student.

(2)

Distance learning

International students who participate in distance learning courses that are at the University or the NTID, who are residing outside of the United States, and are not enrolled in a degree program at the University or the NTID shall—

(A)

not be counted as international students for purposes of the cap on international students under paragraph (1), except that in any school year no United States citizen who applies to participate in distance learning courses that are at the University or NTID shall be denied participation in such courses because of the participation of an international student in such courses; and

(B)

not be charged a tuition surcharge, as described in subsection (b).

(b)

Tuition surcharge

Except as provided in subsections (a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and graduate students) or NTID shall include, for academic year 2009–2010 and any succeeding academic year, a surcharge of—

(1)

100 percent for a postsecondary international student from a non-developing country; and

(2)

50 percent for a postsecondary international student from a developing country, or a country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree program at the University or NTID, except that such a surcharge shall not be adjusted retroactively.

(c)

Reduction of surcharge

(1)

In general

Beginning with the academic year 2009–2010, the University or NTID may reduce the surcharge—

(A)

under subsection (b)(1) from 100 percent to not less than 50 percent if—

(i)

a student described under subsection (b)(1) demonstrates need; and

(ii)

such student has made a good-faith effort to secure aid through such student’s government or other sources; and

(B)

under subsection (b)(2) from 50 percent to not less than 25 percent if—

(i)

a student described under subsection (b)(2) demonstrates need; and

(ii)

such student has made a good faith effort to secure aid through such student’s government or other sources.

(2)

Development of sliding scale

The University and NTID shall develop a sliding scale model that—

(A)

will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and

(B)

shall be approved by the Secretary.

(d)

Definition

In this section, the term “developing country” means a country with a per-capita income of not more than $5,345, measured in 2005 United States dollars, as adjusted by the Secretary to reflect inflation since 2005.

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 § 209 · 100 Stat. 781

    Enacted · 20 U.S.C. § 4359a

    Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163

    Source evidence

    Code source credit
    Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163

  2. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 § 204(h)(1) · 107 Stat. 718

    Substituted · 20 U.S.C. § 4359a(b)

    Pub. L. 103–73, § 204(h)(1), substituted “75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995” for “75 percent beginning the academic year 1993–1994, and 90 percent beginning the academic year 1994–1995”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–73, § 204(h)(1), substituted “75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995” for “75 percent beginning the academic year 1993–1994, and 90 percent beginning the academic year 1994–1995”.

    Enacted provision · exact public law section
    (1) in subsection (b), by striking “75 percent beginning the academic year 1993–1994, and 90 percent beginning the academic year 1994–1995” and inserting “75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995”; and

  3. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 § 204(h)(2) · 107 Stat. 718

    1. Substituted · 20 U.S.C. § 4359a(c)

      Pub. L. 103–73, § 204(h)(2), substituted “Beginning with the academic year 1993–1994” for “Beginning the academic year 1993–1994 and thereafter” in introductory provisions

    2. Redesignated · 20 U.S.C. § 4359a(c)

      Pub. L. 103–73, § 204(h)(2), redesignated subpars. (A) to (C) as pars. (1) to (3), respectively

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–73, § 204(h)(2), substituted “Beginning with the academic year 1993–1994” for “Beginning the academic year 1993–1994 and thereafter” in introductory provisions and redesignated subpars. (A) to (C) as pars. (1) to (3), respectively.

    Enacted provision · exact public law section
    (2) in subsection (c)— (A) by striking “Beginning the academic year 1993–1994 and thereafter” and inserting “Beginning with the academic year 1993–1994”; and (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively.

  4. Higher Education Amendments of 1998

    Pub. L. 105–244 § 922(a)(1) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 4359a(a)

      Pub. L. 105–244, § 922(a)(1), substituted “15 percent” for “10 percent”

    2. Inserted · 20 U.S.C. § 4359a(a)

      Pub. L. 105–244, § 922(a)(1), inserted before period “, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–244, § 922(a)(1), substituted “15 percent” for “10 percent” and inserted before period “, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “10 percent” and inserting “15 percent”; and (B) by inserting before the period the following: “, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student”; 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.

  5. Higher Education Amendments of 1998

    Pub. L. 105–244 § 922(a)(2) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 4359a(b)

    Pub. L. 105–244, § 922(a)(2), substituted “surcharge of 100 percent for the academic year 1999–2000 and any succeeding academic year” for “surcharge of 75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–244, § 922(a)(2), substituted “surcharge of 100 percent for the academic year 1999–2000 and any succeeding academic year” for “surcharge of 75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “surcharge of 75 percent for the academic year 1993-1994 and 90 percent beginning with the academic year 1994–1995” and inserting “surcharge of 100 percent for the academic year 1999–2000 and any succeeding academic year”.

    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.

  6. Higher Education Opportunity Act

    Pub. L. 110–315 § 911(1) · 122 Stat. 3078

    1. Amended · 20 U.S.C. § 4359a(a)

      Pub. L. 110–315, § 911(1), designated existing provisions as par. (1)

    2. Inserted · 20 U.S.C. § 4359a(a)

      Pub. L. 110–315, § 911(1), inserted heading

    3. Substituted · 20 U.S.C. § 4359a(a)

      Pub. L. 110–315, § 911(1), substituted “Except as provided in paragraph (2), effective with” for “Effective with”

    4. Substituted · 20 U.S.C. § 4359a(a)

      Pub. L. 110–315, § 911(1), substituted “undergraduate” for “preparatory, undergraduate,”

    5. Added · 20 U.S.C. § 4359a(a)

      Pub. L. 110–315, § 911(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–315, § 911(1), designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), effective with” for “Effective with” and “undergraduate” for “preparatory, undergraduate,”, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “preparatory, undergraduate,” and inserting “undergraduate”; (B) by striking “Effective with” and inserting the following: “(1) In general.— Except as provided in paragraph (2), effective with” ; and (C) by adding at the end the following: “(2) Distance learning.— International students who participate in distance learning courses that are at the University or the NTID, who are residing outside of the United States, and are not enrolled in a degree program at the University or the NTID shall— “(A) not be counted as international students for purposes of the cap on international students under paragraph (1), except that in any school year no United States citizen who applies to participate in distance learning courses that are at the University or NTID shall be denied participation in such courses because of the participation of an international student in such courses; and “(B) not be charged a tuition surcharge, as described in subsection (b).” ; and

  7. Higher Education Opportunity Act

    Pub. L. 110–315 § 911(2) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 4359a(b)(d)

      Pub. L. 110–315, § 911(2), added subsecs. (b) to (d)

    2. Struck · 20 U.S.C. § 4359a(b)(d)

      Pub. L. 110–315, § 911(2), struck out former subsecs. (b) to (d), which related to tuition surcharge, reduction of surcharge, and definition of “developing country”, respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 110–315, § 911(2), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d), which related to tuition surcharge, reduction of surcharge, and definition of “developing country”, respectively.

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (d), and inserting the following: “(b) Tuition Surcharge.— Except as provided in subsections (a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and graduate students) or NTID shall include, for academic year 2009–2010 and any succeeding academic year, a surcharge of— “(1) 100 percent for a postsecondary international student from a non-developing country; and “(2) 50 percent for a postsecondary international student from a developing country, or a country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree program at the University or NTID, except that such a surcharge shall not be adjusted retroactively. “(c) Reduction of Surcharge.— “(1) In general.— Beginning with the academic year 2009–2010, the University or NTID may reduce the surcharge— “(A) under subsection (b)(1) from 100 percent to not less than 50 percent if— “(i) a student described under subsection (b)(1) demonstrates need; and “(ii) such student has made a good-faith effort to secure aid through such student’s government or other sources; and “(B) under subsection (b)(2) from 50 percent to not less than 25 percent if— “(i) a student described under subsection (b)(2) demonstrates need; and “(ii) such student has made a good faith effort to secure aid through such student’s government or other sources. “(2) Development of sliding scale.— The University and NTID shall develop a sliding scale model that— “(A) will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and “(B) shall be approved by the Secretary. “(d) Definition.— In this section, the term ‘developing country’ means a country with a per-capita income of not more than $5,345, measured in 2005 United States dollars, as adjusted by the Secretary to reflect inflation since 2005.” .

13 of 14 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 209 of Pub. L. 99–371 was renumbered section 208 and is classified to section 4359 of this title.

Amendments1993–2008 · 3 rounds

2008

Subsec. (a). Pub. L. 110–315, § 911(1), designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), effective with” for “Effective with” and “undergraduate” for “preparatory, undergraduate,”, and added par. (2).

Subsecs. (b) to (d). Pub. L. 110–315, § 911(2), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d), which related to tuition surcharge, reduction of surcharge, and definition of “developing country”, respectively.

1998

Subsec. (a). Pub. L. 105–244, § 922(a)(1), substituted “15 percent” for “10 percent” and inserted before period “, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student”.

Subsec. (b). Pub. L. 105–244, § 922(a)(2), substituted “surcharge of 100 percent for the academic year 1999–2000 and any succeeding academic year” for “surcharge of 75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995”.

1993

Subsec. (b). Pub. L. 103–73, § 204(h)(1), substituted “75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995” for “75 percent beginning the academic year 1993–1994, and 90 percent beginning the academic year 1994–1995”.

Subsec. (c). Pub. L. 103–73, § 204(h)(2), substituted “Beginning with the academic year 1993–1994” for “Beginning the academic year 1993–1994 and thereafter” in introductory provisions and redesignated subpars. (A) to (C) as pars. (1) to (3), respectively.

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

Section effective , see section 161 of Pub. L. 102–421, set out as an Effective Date of 1992 Amendment note under section 4301 of this title.

Credits

1992–2008 · 4 acts
  1. 1992Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, , 106 Stat. 2163
  2. 1993amended Pub. L. 103–73, title II, § 204(h), , 107 Stat. 735
  3. 1998renumbered § 209 and amended Pub. L. 105–244, title IX, § 922, , 112 Stat. 1832
  4. 2008Pub. L. 110–315, title IX, § 911, , 122 Stat. 3454.
Show as published

(Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, , 106 Stat. 2163; amended Pub. L. 103–73, title II, § 204(h), , 107 Stat. 735; renumbered § 209 and amended Pub. L. 105–244, title IX, § 922, , 112 Stat. 1832; Pub. L. 110–315, title IX, § 911, , 122 Stat. 3454.)

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