[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR403.117]



[Page 48-49]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 403_STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM

--Table of Contents

 

 Subpart E_What Kinds of Activities Does the Secretary Assist Under the 

                             Basic Programs?

 

Sec. 403.117  What definitions apply to the Postsecondary and Adult 

Vocational Education Programs?



    For the purposes of Sec. Sec. 403.116, 403.118, and 403.120 the 

following definitions apply:

    (a) Eligible institution means an institution of higher education, 

an LEA serving adults, or an area vocational education school serving 

adults that offers or will offer a program that meets the requirements 

of Sec. 403.111 and seeks to receive assistance under Sec. 403.116.

    (b)(1) Institution of higher education means an educational 

institution in any State that--



[[Page 49]]



    (i) Admits as regular students only persons having a certificate of 

graduation from a school providing secondary education, or the 

recognized equivalent of that certificate, or who are beyond the age of 

compulsory school attendance;

    (ii) Is legally authorized within the State to provide a program of 

education beyond secondary education;

    (iii) Provides an educational program for which it awards a 

bachelor's degree or provides not less than a two-year program which is 

acceptable for full credit toward such a degree, or in the case of a 

hospital or health care facility, that provides training of not less 

than one year for graduates of accredited health professions programs, 

leading to a degree or certificate upon completion of that training;

    (iv) Is a public or other nonprofit institution; and

    (v) Is accredited by a nationally recognized accrediting agency or 

association approved by the Secretary for this purpose or, if not so 

accredited--

    (A) Is an institution with respect to which the Secretary has 

determined that there is satisfactory assurance, considering the 

resources available to the institution, the period of time, if any, 

during which it has operated, the effort it is making to meet 

accreditation standards, and the purpose for which this determination is 

being made, that the institution will meet the accreditation standards 

of such an agency or association within a reasonable time; or

    (B) Is an institution whose credits are accepted, on transfer, by 

not less than three institutions that are so accredited, for credit on 

the same basis as if transferred from an institution so accredited.

    (2) This term also includes any school that provides not less than a 

one-year program of training to prepare students for gainful employment 

in a recognized occupation and that meets the provisions of paragraphs 

(b)(1) (i), (ii), (iv), and (v) of this definition. If the Secretary 

determines that a particular category of these schools does not meet the 

requirements of paragraph (b)(1)(v) because there is no nationally 

recognized accrediting agency or association qualified to accredit 

schools in that category, the Secretary, pending the establishment of 

such an accrediting agency or association, appoints an advisory 

committee, composed of persons specially qualified to evaluate training 

provided by schools in that category, that must--

    (i) Prescribe the standards of content, scope, and quality that must 

be met in order to qualify schools in that category to participate in 

the program pursuant to this part; and

    (ii) Determine whether particular schools not meeting the 

requirements of paragraph (b)(1)(v) of this definition meet those 

standards.





(Authority: 20 U.S.C. 1085)



    (c) Pell Grant recipient means a recipient of financial aid under 

subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070a-l et seq.).



(Authority: 20 U.S.C. 2341a(d))