§ 4351. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4351]
TITLE 20--EDUCATION
CHAPTER 55--EDUCATION OF THE DEAF
SUBCHAPTER II--GENERAL PROVISIONS
Sec. 4351. Definitions
As used in this chapter--
(1) The term ``international student'' means an individual who--
(A) is not a citizen or national of, or lawfully admitted
for permanent residence in, the United States;
(B) does not provide evidence from the Immigration and
Naturalization Service that he or she is in the United States
for other than temporary purposes with the intention of becoming
a citizen of, or lawfully admitted for permanent residence in,
the United States; and
(C) is not lawfully admitted for permanent residence in
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, or the Virgin Islands.
(2) The term ``construction'' includes construction and initial
equipment of new buildings, and expansion, remodeling, and
alteration of existing buildings and equipment therein, including
architect's services, but excluding off-site improvements.
(3) The term ``institution of higher education'' means an
educational institution in any State which (A) admits as regular
students only individuals having a certificate of graduation from a
school providing secondary education, or the recognized equivalent
of such a certificate; (B) is legally authorized within such State
to provide a program of education beyond secondary education; (C)
provides an educational program for which it awards a bachelor's
degree; (D) includes one or more professional or graduate schools;
(E) is a public or nonprofit private institution; and (F) is
accredited by a nationally recognized accrediting agency or
association. For the purpose of subparagraph (F), the Secretary
shall publish a list of nationally recognized accrediting agencies
or associations which the Secretary determines to be reliable
authority as to the quality of training offered.
(4) The term ``Secretary'' means the Secretary of Education.
(5) The term ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
(6) The term ``NTID'' means the National Technical Institute for
the Deaf.
(7) The term ``University'' means Gallaudet University.
(Pub. L. 99-371, title II, Sec. 201, formerly title IV, Sec. 401, Aug.
4, 1986, 100 Stat. 789; renumbered title II, Sec. 201, and amended Pub.
L. 102-421, title I, Secs. 101(b)(5), (6), 131, 151(a)(3), (b), Oct. 16,
1992, 106 Stat. 2151, 2155, 2164; Pub. L. 103-73, title II, Sec. 204(a),
Aug. 11, 1993, 107 Stat. 734; Pub. L. 105-244, title IX, Sec. 915, Oct.
7, 1998, 112 Stat. 1830.)
Prior Provisions
A prior section 201 of Pub. L. 99-371 was renumbered section 111 and
is classified to section 4331 of this title.
Provisions similar to this section were contained in sections 682,
693a, and 695a of this title prior to repeal by Pub. L. 99-371.
Amendments
1998--Par. (1)(C). Pub. L. 105-244, Sec. 915(1), struck out ``Palau
(but only until the Compact of Free Association with Palau takes
effect),'' after ``Guam,''.
Par. (5). Pub. L. 105-244, Sec. 915(2), inserted ``and'' after
``Virgin Islands,'' and struck out ``, and Palau (but only until the
Compact of Free Association with Palau takes effect)'' after ``Mariana
Islands''.
1993--Pub. L. 103-73 substituted ``and'' for ``or'' at end of par.
(1)(B), redesignated pars. (4) and (6) to (9) as (3) to (7),
respectively, and struck out former pars. (3) and (5) which defined
``elementary school'' and ``secondary school'', respectively.
1992--Par. (1). Pub. L. 102-421, Sec. 131(1), added par. (1) and
struck out former par. (1) which read as follows: ``The term `Board of
Trustees' means (unless the context requires otherwise) the Board of
Trustees of Gallaudet University established under section 4303 of this
title.''
Par. (2). Pub. L. 102-421, Sec. 151(b)(1), substituted ``therein''
for ``thereof''.
Par. (3). Pub. L. 102-421, Sec. 151(a)(3), (b)(2), substituted
``children who are deaf or hard-of-hearing'' for ``deaf children''.
Par. (4). Pub. L. 102-421, Sec. 151(b)(3), substituted a semicolon
for last comma in subpars. (A) to (E) of first sentence and
``subparagraph'' for ``clause'' in second sentence.
Pub. L. 102-421, Sec. 131(2), redesignated par. (5) as (4) and
struck out former par. (4) which read as follows: ``The term `Institute'
means the National Technical Institute for the Deaf.''
Pars. (5), (6). Pub. L. 102-421, Sec. 131(2)(B), redesignated pars.
(6) and (7) as (5) and (6), respectively. Former par. (5) redesignated
(4).
Par. (7). Pub. L. 102-421, Sec. 131(2)(B), (3), redesignated par.
(8) as (7) and substituted ``the Commonwealth of the Northern Mariana
Islands, and Palau (but only until the Compact of Free Association with
Palau takes effect).'' for ``the Northern Mariana Islands and the Trust
Territory of the Pacific Islands.''. Former par. (7) redesignated (6).
Pars. (8), (9). Pub. L. 102-421, Sec. 131(2)(B), (4), added pars.
(8) and (9) and redesignated former par. (8) as (7).
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section 161
of Pub. L. 102-421, set out as a note under section 4301 of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
