[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: 34CFR645.6] [Page 310-311] TITLE 34--EDUCATION CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 645_UPWARD BOUND PROGRAM--Table of Contents Subpart A_General Sec. 645.6 What definitions apply to the Upward Bound Program? (a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1: Applicant Application Award Budget Budget period EDGAR Equipment Facilities Grant Grantee Project Project period Secretary State Supplies (b) Other Definitions. The following definitions also apply to this part: Family taxable income means-- (1) With regard to a dependent student, the taxable income of the individual's parents; (2) With regard to a dependent student who is an orphan or ward of the court, no taxable income; (3) With regard to an independent student, the taxable income of the student and his or her spouse. HEA means the Higher Education Act of 1965, as amended. Independent student means a student who-- (1) Is an orphan or ward of the court; (2) Is a veteran of the Armed Forces of the United States (as defined in this section); (3) Is a married individual; or (4) Has legal dependents other than a spouse. Institution of higher education means an educational institution as defined in sections 1201(a) and 481 of the HEA. Limited English proficiency with reference to an individual, means an individual whose native language is other than English and who has sufficient difficulty speaking, reading, writing, or understanding the English language to deny that individual the opportunity to learn successfully in classrooms in which English is the language of instruction. Low-income individual means an individual whose family taxable income did not exceed 150 percent of the poverty level amount in the calendar year preceding the year in which the individual initially participates in the project. The poverty level amount is determined by using criteria of poverty established by the Bureau of the Census of the U.S. Department of Commerce. Organization/Agency means an entity that is legally authorized to operate programs such as Upward Bound in the State where it is located. Participant means an individual who-- (1) Is determined to be eligible to participate in the project under Sec. 645.3; (2) Resides in the target area, or is enrolled in a target school at the time of acceptance into the project; and (3) Has been determined by the project director to be committed to the project, as evidenced by being allowed to continue in the project for at least-- (i) Ten days in a summer component if the individual first enrolled in an Upward Bound project's summer component; or (ii) Sixty days if the individual first enrolled in an Upward Bound project's academic year component. Potential first-generation college student means-- (1) An individual neither of whose natural or adoptive parents received a baccalaureate degree; or (2) A student who, prior to the age of 18, regularly resided with and received support from only one natural or adoptive parent and whose supporting parent did not receive a baccalaureate degree. Secondary school means a school that provides secondary education as determined under State law. Target area means a discrete local or regional geographical area designated by the applicant as the area to be served by an Upward Bound project. Target school means a school designated by the applicant as a focus of project services. [[Page 311]] Veteran means a person who served on active duty as a member of the Armed Forces of the United States-- (1) For a period of more than 180 days, any part of which occurred after January 31, 1955, and who was discharged or released from active duty under conditions other than dishonorable; or (2) After January 31, 1955, and who was discharged or released from active duty because of a service-connected disability. (Authority: 20 U.S.C. 1001 et seq., 1070a-11, 1070a-13, 1088, 1141, 1141a, and 3283(a)).