12 2 STA T .3 3 85PUBLIC LA W 11 0– 315 — AU G .1 4, 2008 includ in gas a re sul tof suc h an organi z ation ’ sre p resen - tation of e m plo y eesata w or k site at which the partner- ship proposes to conduct acti v ities under this section .‘ ‘ (B)STA T E A NDLOC AL B OA R D S . —N otwithstanding su b paragraph ( A ) , if an institution of higher education that is participating in an eligible partnership under this section is located in a State that does not operate local boards, an eligible partnership may include a State board (as such term is defined in section 10 1 of the W orkforce I nvestment Act of 1 9 9 8 ( 2 9 U .S. C . 2801)). ‘‘(C) RU LEO F CONSTRUCT I ON.—Nothing in this sub- section shall be construed to prohibit an eligible partner- ship that is in e x istence on the date of enactment of the H igher E ducation O pportunity Act from applying for a grant under this section. ‘‘(2) NONTRADITIONAL STUDENT.— T he term ‘nontraditional student’ means a student— ‘‘(A) who is an independent student, as defined in section 4 80(d)
‘‘(B) who attends an institution of higher education— ‘‘(i) on less than a full-time basis; ‘‘(ii) via evening, weekend, modular, or compressed courses; or ‘‘(iii) via distance education methods; and ‘‘(C) who— ‘‘(i) enrolled for the first time in an institution of higher education three or more years after com- pleting high school; or ‘‘(ii) works full-time. ‘‘(k) AUT H ORI Z ATION OF A P PROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. ‘ ‘ PARTD—C APAC I T YFO R NU R S IN G STUD E NTS AND FACU L TY ‘ ‘ SEC.804 .C AP AC ITYFORNU RSIN G STU D ENTS AND FACU L TY. ‘‘(a) AUTHORIZATION.— F rom the amounts appropriated under subsection (f), the Secretary shall award grants to institutions of higher education that offer— ‘‘(1) an accredited registered nursing program at the bacca- laureate or associate degree level to enable such program to expand the faculty and facilities of such program to accommo- date additional students in such program; or ‘‘(2) an accredited graduate-level nursing program to accommodate advanced practice degrees for registered nurses or to accommodate students enrolled in such program to become teachers of nursing students. ‘‘(b) D ETER M INATION OF NUMBER OF STUDENTS AND APPLICA- TION.—Each institution of higher education that offers a program described in subsection (a) that desires to receive a grant under this section shall— ‘‘(1) determine, for the four academic years preceding the academic year for which the determination is made, the average number of matriculated nursing program students, in each of the institution’s accredited associate, baccalaureate, or Grants.20USC1 1 6 1 d .
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