79 STAT. ]
PUBLIC LAW 89-329-NOV. 8, 1965
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TITLE VIII—GENEKAL PROVISIONS DEFINITIONS
SEC. 801. As used in this Act— (a) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students onlypersons 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 it awards a bachelor's degree or provides not less than a two-year program which 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 whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any business school or technical institution which meets the provisions of clauses (1), (2), (4), and (5). For purposes of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered. (b) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands. (c) The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (d) The term "secondary school" means a school which provides secondary education as determined under State law except that it does not include any education provided beyond grade 12. (e) The term "Secretary" means the Secretary of Health, Education, and "Welfare. (f) The term "Commissioner" means the Commissioner of Education. (g) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, towns! ip, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public instition or agency having administrative control and direction of a public elementary or secondary school. (h) The term "State educational a^enc}^" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (i) The term "elementary school" means a school which provides elementary education including education below grade 1, as determined under State law.
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