12 2 STA T .345 4 PUBLIC LA W 11 0– 315 — AU G .14 , 200 8andtheCom m i ttee on H ea l th ,E d uc ation, L a b o r , and P en s ions o f the S enate ’ ’ .SEC.91 1. INT E R N A TI O NA L ST UD ENTS. Section 209 of the Education of the D eaf A ct of 1 9 86( 20 U .S.C. 435 9a ) is amended — (1) in subsection (a)— (A) b y stri k in g‘ ‘ p reparatory, undergraduate,’’ and inserting ‘‘undergraduate’’
( B ) by striking ‘‘Effecti v e w ith’’ and inserting the fol - lowing
‘‘(1) INGE NE RAL .—E x cept as provided in paragraph (2), effective with’’; and (C) by adding at the end the following: ‘‘(2) D IST AN C E LEARNING.—International students who participate in distance learning courses that are at the Univer- sity or the NT ID, who are residing outside of the United States, and are not enrolled in a degree program at the University or the NTID shall— ‘‘(A) not be counted as international students for pur- poses of the cap on international students under paragraph (1), except that in any school year no United States citi z en who applies to participate in distance learning courses that are at the University or NTID shall be denied partici- pation in such courses because of the participation of an international student in such courses; and ‘‘(B) not be charged a tuition surcharge, as described in subsection (b).’’; and (2) by striking subsections (b), (c), and (d), and inserting the following: ‘‘(b) T U ITI O N SURC H ARGE.—Except as provided in subsections (a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and graduate students) or NTID shall include, for academic year 2009 – 2010 and any succeeding academic year, a surcharge of— ‘‘(1) 100 percent for a postsecondary international student from a non-developing country; and ‘‘(2) 50 percent for a postsecondary international student from a developing country, or a country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree program at the Univer- sity or NTID, except that such a surcharge shall not be ad j usted retroactively. ‘‘(c) R E D UCTION O F SURCHARGE.— ‘‘(1) IN GENERAL.—Beginning with the academic year 2009– 2010, the University or NTID may reduce the surcharge— ‘‘(A) under subsection (b)(1) from 100 percent to not less than 50 percent if— ‘‘(i) a student described under subsection (b)(1) demonstrates need; and ‘‘(ii) such student has made a good-faith effort to secure aid through such student’s government or other sources; and ‘‘(B) under subsection (b)(2) from 50 percent to not less than 25 percent if— ‘‘(i) a student described under subsection (b)(2) demonstrates need; and
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