U.S. General Definition Of Institution Of Higher Education

UNITED STATES PUBLIC LAWS
105th Congress - Second Session
Convening January 27, 1998
HIGHER EDUCATION AMENDMENTS OF 1998
"TITLE I--GENERAL PROVISIONS
"PART A--DEFINITIONS
<< 20 USCA § 1001 >>

"SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.

"(a) INSTITUTION OF HIGHER EDUCATION.--For purposes of this Act, other than title IV, the term "institution of higher education" means an educational institution in any State that--

"(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;

"(2) is legally authorized within such State to provide a program of education beyond secondary education;

"(3) provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;

"(4) is a public or other nonprofit institution; and

"(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

 

"(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.


So any school that is unaccredited or isnt candidate for accreditation by a recognized accreditor is by above DEFINITION is not an INSTITUTION OF HIGHER EDUCATION.

As I understand this all 5 creteria must be sutisfied.

 

Bear in mind that in the US system of negative rights we begin not with what people may be allowed to do but with what government may be allowed to proscribe.

 

he he he

Dr. Latin no not read all five before he copy.

 

I'm not sure what point Mr. Latin Juris is trying to make. He apparently thinks that whatever it is, it's important, since he's posted this excerpt from the United States Code in several threads. But he's never included any explanation of its significance.

The United States Code is the code of federal statutory law. Title 20 is the volume that concerns education. Chapter 28 concerns higher education resources and student assistance.

http://www.law.cornell.edu/uscode/html/uscode20/usc_sup_01_20_10_28.html

Section 1001 is from Subchapter I of Chapter 28, which concerns general definitions of terms used in the rest of the chapter.

http://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00001001----000-.html

TITLE 20 > CHAPTER 28 > SUBCHAPTER I > Part A > §_1001

§_1001. General definition of institution of higher education
Release date: 2004-08-06

(a) Institution of higher education
For purposes of this chapter, other than subchapter IV, the term "institution of higher education" means an educational institution in any State that -
...

(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
...

(c) List of accrediting agencies
For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered.

This definition governs distribution of federal funds for programs described in the rest of the chapter:

SUBCHAPTER I - GENERAL PROVISIONS
SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT
SUBCHAPTER III - INSTITUTIONAL AID
SUBCHAPTER IV - STUDENT ASSISTANCE
SUBCHAPTER V - DEVELOPING INSTITUTIONS
SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS
SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
SUBCHAPTER VIII - MISCELLANEOUS

 

What we have here is a failure to adjudicate.

In most places people look to authorities to tell them what is allowed. In the US we reasonably assume we can do anything not reasonably proscribed. Whole nuther mentality.

 

This is purely a financial definition which allows for the disbursement of federal educational funds. It is not the federal government defining the only qualifications for higher education institutions in the US. They don't have that authority.

Let's not get too giddy about this.