[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR206.5]



[Page 494-495]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              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;

    (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



[[Page 495]]



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]