§4359a — Title 20 Education | U.S. Code

Summary

Starting with the 1993–1994 school year, the University and NTID must keep new international student admissions to about 15% of their total students. A qualified U.S. citizen cannot be turned away because an international student was admitted. International students who take only distance-learning courses from outside the United States and are not in a degree program do not count toward the 15% limit and cannot be charged the extra tuition. A U.S. citizen who wants to take those distance courses also cannot be blocked because of international students. Beginning in the 2009–2010 school year, postsecondary international students must pay a tuition surcharge: 100% extra if they are from a non‑developing country, and 50% extra if they are from a developing country (or if their country was developing during any year of their continuous enrollment). The surcharge is not applied retroactively. The school may cut the surcharge for students who show financial need and tried to get aid: the 100% charge can be lowered but not below 50%, and the 50% charge can be lowered but not below 25%. The University and NTID must use a sliding scale for reductions that the Secretary must approve. A “developing country” is one with per‑person income of $5,345 in 2005 U.S. dollars, adjusted for inflation.

Title 20, §4359a

Education — Source: USLM XML via OLRC

(a)(1)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)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)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)(1)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)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)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.

Notes & Related Subsidiaries

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.

Amendments

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 AmendmentAmendment 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.

Effective Date

Section effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as an

Effective Date

of 1992 Amendment note under section 4301 of this title.

§4359a International students

Summary

Title 20, §4359a

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata