[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: 34CFR606.3]



[Page 220]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 606_DEVELOPING HISPANIC-SERVING INSTITUTIONS PROGRAM--Table of 

Contents

 

                            Subpart A_General

 

Sec. 606.3  What is an enrollment of needy students?



    (a) Except as provided in paragraph (b) of this section, for the 

purpose of Sec. 606.2(a)(3), an applicant institution has an enrollment 

of needy students if in the base year--

    (1) At least 50 percent of its degree students received student 

financial assistance under one or more of the following programs: 

Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, 

Federal Work-Study, and Federal Perkins Loan; or

    (2) The percentage of its undergraduate degree students who were 

enrolled on at least a half-time basis and received Federal Pell Grants 

exceeded the median percentage of undergraduate degree students who were 

enrolled on at least a half-time basis and received Federal Pell Grants 

at comparable institutions that offer similar instruction.

    (b) The Secretary may waive the requirement contained in paragraph 

(a) of this section if the institution demonstrates that--

    (1) The State provides more than 30 percent of the institution's 

budget and the institution charges not more than $99.00 for tuition and 

fees for an academic year;

    (2) At least 30 percent of the students served by the institution in 

the base year were students from low-income families;

    (3) The institution substantially increases the higher education 

opportunities for low-income students who are also educationally 

disadvantaged, underrepresented in postsecondary education, or minority 

students;

    (4) The institution substantially increases the higher education 

opportunities for individuals who reside in an area that is not included 

in a ``metropolitan statistical area'' as defined by the Office of 

Management and Budget and who are unserved by other postsecondary 

institutions; or

    (5) The institution will, if granted the waiver, substantially 

increase the higher education opportunities for Hispanic Americans.

    (c) For the purpose of paragraph (b) of this section, the Secretary 

considers ``low-income'' to be an amount which does not exceed 150 

percent of the amount equal to the poverty level as established by the 

United States Bureau of the Census.

    (d) Each year, the Secretary notifies prospective applicants of the 

low-income figures through a notice published in the Federal Register.



(Authority: 20 U.S.C. 1101a and 1103a)