PRIA, Government Policy, Made Personal

Summary

The University and NTID must limit new international student admissions, starting with 1993–1994, to about 15 percent of their total postsecondary students. A qualified U.S. citizen who applies cannot be denied admission because of international students. International students who take only distance learning courses, live outside the United States, and are not in a degree program do not count toward the 15 percent cap and cannot be charged the extra tuition. A U.S. citizen cannot be kept out of distance courses because an international student is taking them. Starting in 2009–2010, postsecondary international students must pay extra tuition: 100 percent more for students from non-developing countries and 50 percent more for students from developing countries or countries that were developing during any year of the student’s continuous enrollment. The surcharge is not applied retroactively. The University and NTID may reduce those surcharges for students who show financial need and who tried to get aid from their government or other sources: the 100 percent surcharge can be cut to no less than 50 percent, and the 50 percent surcharge can be cut to no less than 25 percent. The schools must use a sliding scale to set reductions and get it approved by the Secretary. A “developing country” is one with per-capita income of not more than $5,345 in 2005 U.S. dollars, adjusted for inflation by the Secretary.

Title 20, §4359a

Education, Source: USLM XML via OLRC

(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)

(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.

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