[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR606.3]

[Page 234]
 
                           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)