[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR206.5]

[Page 472-473]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
   PART 206--SPECIAL EDUCATIONAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE 
   ENGAGED IN MIGRANT AND OTHER SEASONAL FARMWORK--HIGH SCHOOL EQUIVALENCY 
   PROGRAM AND COLLEGE ASSISTANCE MIGRANT PROGRAM--Table of Contents
 
                           Subpart A--General
 
Sec. 206.5  What definitions apply to these programs?

    (a) Definitions in EDGAR. The following terms used in this part are 
defined in 34 CFR 77.1(c) (EDGAR, Definitions):
    Applicant
    Application
    Elementary school
    EDGAR
    Facilities
    Minor remodeling
    Nonprofit
    Private
    Project
    Public
    Secondary school
    Secretary
    State
    (b) Definitions in the grants administration regulations. The 
following terms used in this part are defined in 34 CFR part 74 
(Administration of Grants):
    Budget
    Equipment
    Grant
    Grantee
    Supplies
    (c) Program definitions. The following additional definitions apply 
specifically to HEP and CAMP:
    (1) Act means the Higher Education Act of 1965, as amended.
    (2) Agricultural activity means:
    (i) Any activity directly related to the production of crops, dairy 
products, poultry, or livestock;

[[Page 473]]

    (ii) Any activity directly related to the cultivation or harvesting 
of trees; or
    (iii) Any activity directly related to fish farms.
    (3) Farmwork means any agricultural activity, performed for either 
wages or personal subsistence, on a farm, ranch, or similar 
establishment.
    (4) Full-time, with respect to an individual, means a student who is 
carrying a full-time academic workload, as defined in 34 CFR part 690 
(regulations for the Pell Grant Program).
    (5) Institution of higher education means an educational institution 
that:
    (i) Is in a State;
    (ii) Is authorized by that State to provide a program of education 
beyond secondary school;
    (iii) Is a public or nonprofit institution;
    (iv) Admits as a regular student only a person who:
    (A) Has a secondary school diploma;
    (B) Has the recognized equivalent of a secondary school diploma; or
    (C) Is beyond the age of compulsory school attendance in that State 
and has the ability to benefit from the training offered by the 
institution;
    (v) Provides:
    (A) An educational program for which it awards a bachelor's degree; 
or
    (B) At least a two-year program that is acceptable for full credit 
toward a bachelor's degree;
    (vi)(A) Is accredited by a nationally recognized accrediting agency 
or association;
    (B) Has satisfactorily assured the Secretary that it will meet the 
accreditation standards of a nationally recognized accrediting agency or 
association within a reasonable time considering the resources available 
to the institution, the period of time, if any, it has operated, and its 
effort to meet accreditation standards; or
    (C) Has its credits accepted on transfer by at least three 
accredited institutions on the same basis as those institutions accept 
transfer credits from fully accredited institutions.
    (6) Migrant farmworker means a seasonal farmworker--as defined in 
paragraph (c)(7) of this section--whose employment required travel that 
precluded the farmworker from returning to his or her domicile 
(permanent place of residence) within the same day.
    (7) Seasonal farmworker means a person who, within the past 24 
months, was employed for at least 75 days in farmwork, and whose primary 
employment was in farmwork on a temporary or seasonal basis (that is, 
not a constant year-round activity).
    (d) Other definitions. For purposes of determining program 
eligibility under Sec. 206.3(a)(2), the definitions in 34 CFR 201.3 
(Chapter 1--Migrant Education Program) and 20 CFR 633.104 (Employment 
and Training Administration, Department of Labor--Migrant and Seasonal 
Farmworker Programs) apply.

(Authority: 20 U.S.C. 1070d-2(a))

[46 FR 35075, July 6, 1981, as amended at 52 FR 24920, July 1, 1987; 57 
FR 60407, Dec. 18, 1992]