Title 20 — Education
Chapter 55 — Education of the Deaf
§ 4359a. International students
Statutory text
Enrollment
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.
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—
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
not be charged a tuition surcharge, as described in subsection (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—
100 percent for a postsecondary international student from a non-developing country; and
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.
Reduction of surcharge
In general
Beginning with the academic year 2009–2010, the University or NTID may reduce the surcharge—
under subsection (b)(1) from 100 percent to not less than 50 percent if—
a student described under subsection (b)(1) demonstrates need; and
such student has made a good-faith effort to secure aid through such student’s government or other sources; and
under subsection (b)(2) from 50 percent to not less than 25 percent if—
a student described under subsection (b)(2) demonstrates need; and
such student has made a good faith effort to secure aid through such student’s government or other sources.
Development of sliding scale
The University and NTID shall develop a sliding scale model that—
will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and
shall be approved by the Secretary.
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.
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. 2163Education 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”; andEducation of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 204(h)(2) · 107 Stat. 718
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
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.Higher Education Amendments of 1998
Pub. L. 105–244 § 922(a)(1) · 112 Stat. 1581
Substituted · 20 U.S.C. § 4359a(a)
Pub. L. 105–244, § 922(a)(1), substituted “15 percent” for “10 percent”
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”; andEffective 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.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.Higher Education Opportunity Act
Pub. L. 110–315 § 911(1) · 122 Stat. 3078
Amended · 20 U.S.C. § 4359a(a)
Pub. L. 110–315, § 911(1), designated existing provisions as par. (1)
Inserted · 20 U.S.C. § 4359a(a)
Pub. L. 110–315, § 911(1), inserted heading
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”
Substituted · 20 U.S.C. § 4359a(a)
Pub. L. 110–315, § 911(1), substituted “undergraduate” for “preparatory, undergraduate,”
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).” ; andHigher Education Opportunity Act
Pub. L. 110–315 § 911(2) · 122 Stat. 3078
Added · 20 U.S.C. § 4359a(b)(d)
Pub. L. 110–315, § 911(2), added subsecs. (b) to (d)
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
- 1992Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, , 106 Stat. 2163
- 1993amended Pub. L. 103–73, title II, § 204(h), , 107 Stat. 735
- 1998renumbered § 209 and amended Pub. L. 105–244, title IX, § 922, , 112 Stat. 1832
- 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.)