20 U.S.C. § 4351: Definitions

Summary

Defines key words used later in the chapter. An "international student" is someone who is not a U.S. citizen, is not a permanent resident allowed to live in the United States, does not have Immigration and Naturalization Service paperwork showing they are in the U.S. for other than a temporary stay with the intent to become a citizen or permanent resident, and is not a permanent resident of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, or the Virgin Islands. "Construction" means building new facilities, buying initial equipment, or expanding, remodeling, or changing existing buildings, and it includes architect services but not off-site work. An "institution of higher education" is a state-authorized, public or nonprofit school that admits students with a high school diploma (or equivalent), offers education beyond high school, awards bachelor’s degrees, includes graduate or professional schools, and is accredited by a nationally recognized agency (the Secretary will publish a list of those agencies). "Secretary" means the Secretary of Education. "State" includes each state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands. "NTID" means the National Technical Institute for the Deaf. "University" means Gallaudet University.

Title 20, §4351

Education, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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 section 682, 693a, and 695a of this title prior to repeal by Pub. L. 99–371.

Amendments

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 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

of 1992 AmendmentAmendment by Pub. L. 102–421 effective Oct. 1, 1992, 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.

§4351 Definitions

Summary

Title 20, §4351

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata