20 U.S.C. § 1001 - General definition of institution of higher education

• Cite as: 20 U.S.C. § 1001

(a) Institution of higher education

For purposes of this chapter, other than subchapter IV, the term "institution of higher education" means an educational institution in any State that-

(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title;

(2) is legally authorized within such State to provide a program of education beyond secondary education;

(3) provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;

(4) is a public or other nonprofit institution; and

(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

(b) Additional institutions included

For purposes of this chapter, other than subchapter IV, the term "institution of higher education" also includes-

(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a); and

(2) a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students individuals-

(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B) who will be dually or concurrently enrolled in the institution and a secondary school.

(c) List of accrediting agencies

For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of subchapter IV, to be reliable authority as to the quality of the education or training offered.

Cite as 20 U.S.C. § 1001

Source: Pub. L. 89-329, title I, §101, as added Pub. L. 105-244, title I, §101(a), Oct. 7, 1998, 112 Stat. 1585; amended Pub. L. 110-315, title I, §101(a), Aug. 14, 2008, 122 Stat. 3083; Pub. L. 112-74, div. F, title III, §309(c)(3), Dec. 23, 2011, 125 Stat. 1101.

Notes from the Office of Law Revision Counsel

current through 6/12/2023

EDITORIAL NOTES

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1141(a) of this title prior to repeal by Pub. L. 105-244.

A prior section 1001, Pub. L. 89-329, title I, §101, as added Pub. L. 102-325, title I, §101, July 23, 1992, 106 Stat. 459, related to purposes of school, college, and university partnership grant program, prior to the general amendment of this subchapter by Pub. L. 105-244.

Another prior section 1001, Pub. L. 89-329, title I, §101, as added Pub. L. 99-498, title I, §101, Oct. 17, 1986, 100 Stat. 1278, related to Congressional findings, prior to the general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1001, Pub. L. 89-329, title I, §101, as added Pub. L. 96-374, title I, §101(a), Oct. 3, 1980, 94 Stat. 1373, stated Congressional findings with respect to continuing postsecondary education program and planning, prior to the general amendment of this subchapter by Pub. L. 99-498.

Another prior section 1001, Pub. L. 89-329, title I, §101, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 90-575, title II, §201, Oct. 16, 1968, 82 Stat. 1035; Pub. L. 92-318, title I, §101(a), June 23, 1972, 86 Stat. 236; Pub. L. 94-482, title I, §101(a), Oct. 12, 1976, 90 Stat. 2083; Pub. L. 96-49, §2, Aug. 13, 1979, 93 Stat. 351, authorized appropriations for the community service, continuing education, and lifelong learning program grant programs through fiscal year 1980, prior to the general amendment of this subchapter by Pub. L. 96-374.

AMENDMENTS

2011-Subsec. (a)(1). Pub. L. 112-74 substituted "section 1091(d)" for "section 1091(d)(3)".

2008-Subsec. (a)(1). Pub. L. 110-315, §101(a)(1)(A), inserted ", or persons who meet the requirements of section 1091(d)(3) of this title" before semicolon at end.

Subsec. (a)(3). Pub. L. 110-315, §101(a)(1)(B), inserted ", or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary" before semicolon at end.

Subsec. (b)(2). Pub. L. 110-315, §101(a)(2), added par. (2) and struck out former par. (2) which read as follows: "a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2020 AMENDMENT

Pub. L. 116-260 div. FF, title VII, §701(b), Dec. 27, 2020, 134 Stat. 3137, as amended by Pub. L. 117-103, div. R, §102(a), Mar. 15, 2022, 136 Stat. 819, provided that: "Except as otherwise expressly provided, this Act [probably means "this title", see Tables for classification], and the amendments made by this title to the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), shall take effect on July 1, 2024, and shall apply with respect to award year 2024-2025 and each subsequent award year, as determined under the Higher Education Act of 1965. The Secretary of Education shall have the authority to take such steps as are necessary before July 1, 2024, to provide for the orderly implementation on such date of the amendments to the Higher Education Act of 1965 made by this Act."

EFFECTIVE DATE OF 2011 AMENDMENT

Pub. L. 112-74, div. F, title III, §309(g), Dec. 23, 2011, 125 Stat. 1103, provided that: "The amendments made by subsections (a), (b), and (c) [amending this section and sections 1070a, 1087ss, and 1091 of this title, and enacting provisions set out as a note under section 1091 of this title] shall take effect on July 1, 2012."

EFFECTIVE DATE OF 2009 AMENDMENT

Pub. L. 111-39, §3, July 1, 2009, 123 Stat. 1935, provided that: "Except as otherwise provided in this Act [see Tables for classification], the amendments made by this Act shall take effect as if enacted on the date of enactment of the Higher Education Opportunity Act ( Public Law 110-315) [Aug. 14, 2008]."

EFFECTIVE DATE OF 2008 AMENDMENT

Pub. L. 110-315, §3, Aug. 14, 2008, 122 Stat. 3083, provided that: "Except as otherwise provided in this Act [see Tables for classification] or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [Aug. 14, 2008]."

Pub. L. 110-315, title I, §101(b), Aug. 14, 2008, 122 Stat. 3083, as amended by Pub. L. 111-39, title I, §101(a)(1), July 1, 2009, 123 Stat. 1935, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Aug. 14, 2008]."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-244, §3, Oct. 7, 1998, 112 Stat. 1585, provided that: "Except as otherwise provided in this Act [see Tables for classification] or the amendments made by this Act, the amendments made by this Act shall take effect on October 1, 1998."

EFFECTIVE DATE OF 1992 AMENDMENT

Pub. L. 102-325, §2, July 23, 1992, 106 Stat. 458, provided that: "Except as otherwise provided in this Act ( 20 U.S.C. 1001 et seq.) [see Tables for classification], the amendments made by this Act shall take effect on October 1, 1992."

EFFECTIVE DATE OF 1987 AMENDMENT

Pub. L. 100-50, §27, June 3, 1987, 101 Stat. 363, provided that: "The amendments made by this Act [see Short Title of 1987 Amendment note below] shall take effect as if enacted as part of the Higher Education Amendments of 1986 [ Pub. L. 99-498 see Short Title of 1986 Amendments note below]."

EFFECTIVE DATE OF 1986 AMENDMENT

Pub. L. 99-498, §2, Oct. 17, 1986, 100 Stat. 1277, provided that: "Except as otherwise provided in this Act, the amendments made by this Act [see Tables for classification] shall take effect on the date of enactment of this Act [Oct. 17, 1986]."

EFFECTIVE DATE OF 1980 AMENDMENT

Pub. L. 96-374, title XIII, §1393, Oct. 3, 1980, 94 Stat. 1504, provided that:

"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1980.

"(b)(1) The amendment made by section 301 of this Act to title III of the Act [enacting subchapter III of this chapter] shall take effect October 1, 1981.

"(2) The amendment made by section 404(c)(4) of this Act to section 415C(b)(4) of the Act [amending section 1070c-2 of this title] shall be effective October 1, 1979.

"(3) The amendment made by section 405 to subpart 4 of part A of title IV of the Act [amending subpart 4 of part A of subchapter IV of this chapter generally] shall take effect October 1, 1981.

"(4) The amendments made by part B of title IV of this Act [enacting sections 1077a, 1078-2, 1083a, and 1087-1a of this title and amending sections 1074, 1075, 1077, 1078, 1078-1, 1080, 1082, 1085, 1087-1, and 1087-2 of this title] shall take effect, except as otherwise provided therein, on January 1, 1981, and to the extent such amendments make changes in such part B which affect student loans, such changes shall apply to outstanding loans as well as to loans made after the amendments take effect, except that the amendments made by section 415(b) [amending sections 1077(a)(2)(B) and 1078(b)(1)(E) of this title] shall apply with respect to any loan to cover the cost of instruction for any period of instruction beginning on or after January 1, 1981, to any student borrower who has no outstanding balance of principal or interest on any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 [part B of subchapter IV of this chapter] on the date on which the borrower enters into the note or other written evidence of the loan.