20 U.S.C. § 1091 : US Code - Section 1091: Student eligibility

Search 20 U.S.C. § 1091 : US Code - Section 1091: Student eligibility

(a) In general
In order to receive any grant, loan, or work assistance under
this subchapter and part C of subchapter I of chapter 34 of title
42, a student must -
(1) be enrolled or accepted for enrollment in a degree,
certificate, or other program (including a program of study
abroad approved for credit by the eligible institution at which
such student is enrolled) leading to a recognized educational
credential at an institution of higher education that is an
eligible institution in accordance with the provisions of section
1094 of this title, except as provided in subsections (b)(3) and
(b)(4) of this section, and not be enrolled in an elementary or
secondary school;
(2) if the student is presently enrolled at an institution, be
maintaining satisfactory progress in the course of study the
student is pursuing in accordance with the provisions of
subsection (c) of this section;
(3) not owe a refund on grants previously received at any
institution under this subchapter and part C of subchapter I of
chapter 34 of title 42, or be in default on any loan from a
student loan fund at any institution provided for in part D of
this subchapter, or a loan made, insured, or guaranteed by the
Secretary under this subchapter and part C of subchapter I of
chapter 34 of title 42 for attendance at any institution;
(4) file with the Secretary, as part of the original financial
aid application process, a certification,,(!1) which need not be
notarized, but which shall include -
(A) a statement of educational purpose stating that the money
attributable to such grant, loan, or loan guarantee will be
used solely for expenses related to attendance or continued
attendance at such institution; and
(B) such student's social security number, except that the
provisions of this subparagraph shall not apply to a student
from the Republic of the Marshall Islands, the Federated States
of Micronesia, or the Republic of Palau; (!2)
(5) be a citizen or national of the United States, a permanent
resident of the United States, able to provide evidence from the
Immigration and Naturalization Service that he or she is in the
United States for other than a temporary purpose with the
intention of becoming a citizen or permanent resident,(!3) a
citizen of any one of the Freely Associated States.
(b) Eligibility for student loans
(1) In order to be eligible to receive any loan under this
subchapter and part C of subchapter I of chapter 34 of title 42
(other than a loan under section 1078-2 or 1078-3 of this title)
for any period of enrollment, a student who is not a graduate or
professional student (as defined in regulations of the Secretary),
and who is enrolled in a program at an institution which has a
participation agreement with the Secretary to make awards under
subpart 1 of part A of this subchapter, shall -
(A)(i) have received a determination of eligibility or
ineligibility for a Pell Grant under such subpart 1 for such
period of enrollment; and (ii) if determined to be eligible, have
filed an application for a Pell Grant for such enrollment period;
or
(B) have (A) filed an application with the Pell Grant processor
for such institution for such enrollment period, and (B) received
from the financial aid administrator of the institution a
preliminary determination of the student's eligibility or
ineligibility for a grant under such subpart 1.
(2) In order to be eligible to receive any loan under section
1078-1 (!4) of this title for any period of enrollment, a student
shall -
(A) have received a determination of need for a loan under
section 1078(a)(2)(B) of this title;
(B) if determined to have need for a loan under section 1078 of
this title, have applied for such a loan; and
(C) has applied for a loan under section 1078-8 of this title,
if such student is eligible to apply for such a loan.
(3) A student who -
(A) is carrying at least one-half the normal full-time work
load for the course of study that the student is pursuing, as
determined by an eligible institution, and
(B) is enrolled in a course of study necessary for enrollment
in a program leading to a degree or certificate,
shall be, notwithstanding paragraph (1) of subsection (a) of this
section, eligible to apply for loans under part B or C of this
subchapter. The eligibility described in this paragraph shall be
restricted to one 12-month period.
(4) A student who -
(A) is carrying at least one-half the normal full-time work
load for the course of study the student is pursuing, as
determined by the institution, and
(B) is enrolled or accepted for enrollment in a program at an
eligible institution necessary for a professional credential or
certification from a State that is required for employment as a
teacher in an elementary or secondary school in that State,
shall be, notwithstanding paragraph (1) of subsection (a) of this
section, eligible to apply for loans under part B, C, or D of this
subchapter or work-study assistance under part C of subchapter I of
chapter 34 of title 42.
(5) Notwithstanding any other provision of this subsection, no
incarcerated student is eligible to receive a loan under this
subchapter and part C of subchapter I of chapter 34 of title 42.
(c) Satisfactory progress
(1) For the purpose of subsection (a)(2) of this section, a
student is maintaining satisfactory progress if -
(A) the institution at which the student is in attendance,
reviews the progress of the student at the end of each academic
year, or its equivalent, as determined by the institution, and
(B) the student has a cumulative C average, or its equivalent
or academic standing consistent with the requirements for
graduation, as determined by the institution, at the end of the
second such academic year.
(2) Whenever a student fails to meet the eligibility requirements
of subsection (a)(2) of this section as a result of the application
of this subsection and subsequent to that failure the student has
academic standing consistent with the requirements for graduation,
as determined by the institution, for any grading period, the
student may, subject to this subsection, again be eligible under
subsection (a)(2) of this section for a grant, loan, or work
assistance under this subchapter and part C of subchapter I of
chapter 34 of title 42.
(3) Any institution of higher education at which the student is
in attendance may waive the provisions of paragraph (1) or
paragraph (2) of this subsection for undue hardship based on -
(A) the death of a relative of the student,
(B) the personal injury or illness of the student, or
(C) special circumstances as determined by the institution.
(d) Students who are not high school graduates
In order for a student who does not have a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such certificate, to be eligible for any
assistance under subparts 1, 3, and 4 of part A and parts B, C, and
D of this subchapter and part C of subchapter I of chapter 34 of
title 42, the student shall meet one of the following standards:
(1) The student shall take an independently administered
examination and shall achieve a score, specified by the
Secretary, demonstrating that such student can benefit from the
education or training being offered. Such examination shall be
approved by the Secretary on the basis of compliance with such
standards for development, administration, and scoring as the
Secretary may prescribe in regulations.
(2) The student shall be determined as having the ability to
benefit from the education or training in accordance with such
process as the State shall prescribe. Any such process described
or approved by a State for the purposes of this section shall be
effective 6 months after the date of submission to the Secretary
unless the Secretary disapproves such process. In determining
whether to approve or disapprove such process, the Secretary
shall take into account the effectiveness of such process in
enabling students without high school diplomas or the equivalent
thereof to benefit from the instruction offered by institutions
utilizing such process, and shall also take into account the
cultural diversity, economic circumstances, and educational
preparation of the populations served by the institutions.
(3) The student has completed a secondary school education in a
home school setting that is treated as a home school or private
school under State law.
(e) Certification for GSL eligibility
Each eligible institution may certify student eligibility for a
loan by an eligible lender under part B of this subchapter prior to
completing the review for accuracy of the information submitted by
the applicant required by regulations issued under this subchapter
and part C of subchapter I of chapter 34 of title 42, if -
(1) checks for the loans are mailed to the eligible institution
prior to disbursements;
(2) the disbursement is not made until the review is complete;
and
(3) the eligible institution has no evidence or documentation
on which the institution may base a determination that the
information submitted by the applicant is incorrect.
(f) Loss of eligibility for violation of loan limits
(1) No student shall be eligible to receive any grant, loan, or
work assistance under this subchapter and part C of subchapter I of
chapter 34 of title 42 if the eligible institution determines that
the student fraudulently borrowed in violation of the annual loan
limits under part B, part C, or part D of this subchapter in the
same academic year, or if the student fraudulently borrowed in
excess of the aggregate maximum loan limits under such part B, part
C, or part D.
(2) If the institution determines that the student inadvertently
borrowed amounts in excess of such annual or aggregate maximum loan
limits, such institution shall allow the student to repay any
amount borrowed in excess of such limits prior to certifying the
student's eligibility for further assistance under this subchapter
and part C of subchapter I of chapter 34 of title 42.
(g) Verification of immigration status
(1) In general
The Secretary shall implement a system under which the
statements and supporting documentation, if required, of an
individual declaring that such individual is in compliance with
the requirements of subsection (a)(5) of this section shall be
verified prior to the individual's receipt of a grant, loan, or
work assistance under this subchapter and part C of subchapter I
of chapter 34 of title 42.
(2) Special rule
The documents collected and maintained by an eligible
institution in the admission of a student to the institution may
be used by the student in lieu of the documents used to establish
both employment authorization and identity under section
1324a(b)(1)(B) of title 8 to verify eligibility to participate in
work-study programs under part C of subchapter I of chapter 34 of
title 42.
(3) Verification mechanisms
The Secretary is authorized to verify such statements and
supporting documentation through a data match, using an automated
or other system, with other Federal agencies that may be in
possession of information relevant to such statements and
supporting documentation.
(4) Review
In the case of such an individual who is not a citizen or
national of the United States, if the statement described in
paragraph (1) is submitted but the documentation required under
paragraph (2) is not presented or if the documentation required
under paragraph (2)(A) is presented but such documentation is not
verified under paragraph (3) -
(A) the institution -
(i) shall provide a reasonable opportunity to submit to the
institution evidence indicating a satisfactory immigration
status, and
(ii) may not delay, deny, reduce, or terminate the
individual's eligibility for the grant, loan, or work
assistance on the basis of the individual's immigration
status until such a reasonable opportunity has been provided;
and
(B) if there are submitted documents which the institution
determines constitute reasonable evidence indicating such
status -
(i) the institution shall transmit to the Immigration and
Naturalization Service either photostatic or other similar
copies of such documents, or information from such documents,
as specified by the Immigration and Naturalization Service,
for official verification,
(ii) pending such verification, the institution may not
delay, deny, reduce, or terminate the individual's
eligibility for the grant, loan, or work assistance on the
basis of the individual's immigration status, and
(iii) the institution shall not be liable for the
consequences of any action, delay, or failure of the Service
to conduct such verification.
(h) Limitations of enforcement actions against institutions
The Secretary shall not take any compliance, disallowance,
penalty, or other regulatory action against an institution of
higher education with respect to any error in the institution's
determination to make a student eligible for a grant, loan, or work
assistance based on citizenship or immigration status -
(1) if the institution has provided such eligibility based on a
verification of satisfactory immigration status by the
Immigration and Naturalization Service,
(2) because the institution, under subsection (h)(4)(A)(i) (!5)
of this section, was required to provide a reasonable opportunity
to submit documentation, or
(3) because the institution, under subsection (h)(4)(B)(i) (!5)
of this section, was required to wait for the response of the
Immigration and Naturalization Service to the institution's
request for official verification of the immigration status of
the student.
(i) Validity of loan guarantees for loan payments made before
immigration status verification completed
Notwithstanding subsection (h) (!5) of this section, if -
(1) a guaranty is made under this subchapter and part C of
subchapter I of chapter 34 of title 42 for a loan made with
respect to an individual,
(2) at the time the guaranty is entered into, the provisions of
subsection (h) (!5) of this section had been complied with,
(3) amounts are paid under the loan subject to such guaranty,
and
(4) there is a subsequent determination that, because of an
unsatisfactory immigration status, the individual is not eligible
for the loan,
the official of the institution making the determination shall
notify and instruct the entity making the loan to cease further
payments under the loan, but such guaranty shall not be voided or
otherwise nullified with respect to such payments made before the
date the entity receives the notice.
(j) Assistance under subparts 1 and 3 of part A, and part C
Notwithstanding any other provision of law, a student shall be
eligible until September 30, 2004, for assistance under subparts 1
and 3 of part A of this subchapter, and part C of subchapter I of
chapter 34 of title 42, if the student is otherwise qualified and -

(1) is a citizen of any one of the Freely Associated States and
attends an institution of higher education in a State or a public
or nonprofit private institution of higher education in the
Freely Associated States; or
(2) meets the requirements of subsection (a)(5) of this section
and attends a public or nonprofit private institution of higher
education in any one of the Freely Associated States.
(k) Special rule for correspondence courses
A student shall not be eligible to receive grant, loan, or work
assistance under this subchapter and part C of subchapter I of
chapter 34 of title 42 for a correspondence course unless such
course is part of a program leading to an associate, bachelor or
graduate degree.
(l) Courses offered through telecommunications
(1) Relation to correspondence courses
(A) In general
A student enrolled in a course of instruction at an
institution of higher education that is offered in whole or in
part through telecommunications and leads to a recognized
certificate for a program of study of 1 year or longer, or a
recognized associate, baccalaureate, or graduate degree,
conferred by such institution, shall not be considered to be
enrolled in correspondence courses unless the total amount of
telecommunications and correspondence courses at such
institution equals or exceeds 50 percent of the total amount of
all courses at the institution.
(B) Requirement
An institution of higher education referred to in
subparagraph (A) is an institution of higher education -
(i) that is not an institute or school described in section
2471(4)(C) (!6) of this title; and
(ii) for which at least 50 percent of the programs of study
offered by the institution lead to the award of a recognized
associate, baccalaureate, or graduate degree.
(2) Restriction or reductions of financial aid
A student's eligibility to receive grants, loans, or work
assistance under this subchapter and part C of subchapter I of
chapter 34 of title 42 shall be reduced if a financial aid
officer determines under the discretionary authority provided in
section 1087tt of this title that telecommunications instruction
results in a substantially reduced cost of attendance to such
student.
(3) Special rule
For award years prior to July 23, 1992, the Secretary shall not
take any compliance, disallowance, penalty, or other action
against a student or an eligible institution when such action
arises out of such institution's prior award of student
assistance under this subchapter and part C of subchapter I of
chapter 34 of title 42 if the institution demonstrates to the
satisfaction of the Secretary that its course of instruction
would have been in conformance with the requirements of this
subsection.
(4) "Telecommunications" defined
For the purposes of this subsection, the term
"telecommunications" means the use of television, audio, or
computer transmission, including open broadcast, closed circuit,
cable, microwave, or satellite, audio conferencing, computer
conferencing, or video cassettes or discs, except that such term
does not include a course that is delivered using video cassette
or disc recordings at such institution and that is not delivered
in person to other students of that institution.
(m) Students with a first baccalaureate or professional degree
A student shall not be ineligible for assistance under parts B,
C, and D of this subchapter and part C of subchapter I of chapter
34 of title 42 because such student has previously received a
baccalaureate or professional degree.
(n) Data base matching
To enforce the Selective Service registration provisions of
section 1113 of Public Law 97-252, the Secretary shall conduct data
base matches with the Selective Service, using common demographic
data elements. Appropriate confirmation, through an application
output document or through other means, of any person's
registration shall fulfill the requirement to file a separate
statement of compliance. In the absence of a confirmation from such
data matches, an institution may also use data or documents that
support either the student's registration, or the absence of a
registration requirement for the student, to fulfill the
requirement to file a separate statement of compliance. The
mechanism for reporting the resolution of nonconfirmed matches
shall be prescribed by the Secretary in regulations.
(o) Study abroad
Nothing in this chapter shall be construed to limit or otherwise
prohibit access to study abroad programs approved by the home
institution at which a student is enrolled. An otherwise eligible
student who is engaged in a program of study abroad approved for
academic credit by the home institution at which the student is
enrolled shall be eligible to receive grant, loan, or work
assistance under this subchapter and part C of subchapter I of
chapter 34 of title 42, without regard to whether such study abroad
program is required as part of the student's degree program.
(p) Verification of social security number
The Secretary of Education, in cooperation with the Commissioner
of the Social Security Administration, shall verify any social
security number provided by a student to an eligible institution
under subsection (a)(4) of this section and shall enforce the
following conditions:
(1) Except as provided in paragraphs (2) and (3), an
institution shall not deny, reduce, delay, or terminate a
student's eligibility for assistance under this part because
social security number verification is pending.
(2) If there is a determination by the Secretary that the
social security number provided to an eligible institution by a
student is incorrect, the institution shall deny or terminate the
student's eligibility for any grant, loan, or work assistance
under this subchapter and part C of subchapter I of chapter 34 of
title 42 until such time as the student provides documented
evidence of a social security number that is determined by the
institution to be correct.
(3) If there is a determination by the Secretary that the
social security number provided to an eligible institution by a
student is incorrect, and a correct social security number cannot
be provided by such student, and a loan has been guaranteed for
such student under part B of this subchapter, the institution
shall notify and instruct the lender and guaranty agency making
and guaranteeing the loan, respectively, to cease further
disbursements of the loan, but such guaranty shall not be voided
or otherwise nullified with respect to such disbursements made
before the date that the lender and the guaranty agency receives
such notice.
(4) Nothing in this subsection shall permit the Secretary to
take any compliance, disallowance, penalty, or other regulatory
action against -
(A) any institution of higher education with respect to any
error in a social security number, unless such error was a
result of fraud on the part of the institution; or
(B) any student with respect to any error in a social
security number, unless such error was a result of fraud on the
part of the student.
(q) Verification of income data
(1) Confirmation with IRS
The Secretary of Education, in cooperation with the Secretary
of the Treasury, is authorized to confirm with the Internal
Revenue Service the adjusted gross income, Federal income taxes
paid, filing status, and exemptions reported by applicants
(including parents) under this subchapter and part C of
subchapter I of chapter 34 of title 42 on their Federal income
tax returns for the purpose of verifying the information reported
by applicants on student financial aid applications.
(2) Notification
The Secretary shall establish procedures under which an
applicant is notified that the Internal Revenue Service will
disclose to the Secretary tax return information as authorized
under section 6103(l)(13) of title 26.
(r) Suspension of eligibility for drug-related offenses
(1) In general
A student who has been convicted of any offense under any
Federal or State law involving the possession or sale of a
controlled substance shall not be eligible to receive any grant,
loan, or work assistance under this subchapter and part C of
subchapter I of chapter 34 of title 42 during the period
beginning on the date of such conviction and ending after the
interval specified in the following table:
If convicted of an offense involving:

The possession of a Ineligibility period is:
controlled substance:
First offense 1 year
Second offense 2 years
Third offense Indefinite.
The sale of a controlled Ineligibility period is:
substance:
First offense 2 years
Second offense Indefinite.
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(2) Rehabilitation
A student whose eligibility has been suspended under paragraph
(1) may resume eligibility before the end of the ineligibility
period determined under such paragraph if -
(A) the student satisfactorily completes a drug
rehabilitation program that -
(i) complies with such criteria as the Secretary shall
prescribe in regulations for purposes of this paragraph; and
(ii) includes two unannounced drug tests; or
(B) the conviction is reversed, set aside, or otherwise
rendered nugatory.
(3) Definitions
In this subsection, the term "controlled substance" has the
meaning given the term in section 802(6) of title 21.