The following is a copy of the Federal Higher
Education Act (HEA Title IV, Part G)
as amended through October 2002
Source http://edworkforce.house.gov/publications/compindex.htm
The specific lines for
homeschooling are in BOLD RED.
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SEC. 483. STUDENT ELIGIBILITY.
(a) IN GENERAL.—Section 484(a) (20 U.S.C. 1091(a)) is amended—
SEC. 484. ø20 U.S.C. 1091¿ STUDENT ELIGIBILITY.
(a) IN GENERAL.—In order to receive any grant,
loan, or work assistance under this title, a student must—
(1) be enrolled or accepted for enrollment in a degree, certificate, or
other program (including a program of study abroad approved for credit by the
eligible institution at which such student is enrolled) leading to a recognized
educational credential at an institution of higher education that is an
eligible institution in accordance with the provisions of section 487, except
as provided in subsections (b)(3) and (b)(4), and not be enrolled in an
elementary or secondary school;
(2) if the student is presently enrolled at an institution, be maintaining
satisfactory progress in the course of study the student is pursuing in
accordance with the provisions of subsection (c);
(3) not owe a refund on grants previously received at any institution under
this title, or be in default on any loan from a student loan fund at any
institution provided for in part E, or a loan made, insured, or guaranteed by
the Secretary under this title for attendance at any institution;
(4) file with the Secretary, as part of the original financial aid
application process, a certification,, 1 which need not be notarized, but which
shall include—
(A) a statement of educational purpose stating that the money attributable
to such grant, loan, or loan guarantee will be used solely for expenses related
to attendance or continued attendance at such institution; and
(B) such student’s social security number, except that the provisions of
this subparagraph shall not apply to astudent from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau;
(5) be a citizen or national of the United States, a permanent resident of
the United States, able to provide evidence from the Immigration and
Naturalization Service that he or she is in the United States for other than a
temporary purpose with the intention of becoming a citizen or permanent
resident, a citizen of any one of the Freely Associated States.
(b) ELIGIBILITY FOR STUDENT LOANS.—
(1) In order to be eligible to receive any loan under this title (other
than a loan under section 428B or 428C) for any period of enrollment, a student
who is not a graduate or professional student (as defined in regulations of the
Secretary), and who is enrolled in a program at an institution which has a
participation agreement with the Secretary to make awards under subpart 1 of
part A of this title, shall—
(A)(i) have received a determination of eligibility or ineligibility for a
Pell Grant under such subpart 1 for such period of enrollment; and (ii) if
determined to be eligible, have filed an application for a Pell Grant for such
enrollment period; or (B) have (A) filed an application with the Pell Grant
processor for such institution for such enrollment period, and (B) received
from the financial aid administrator of the institution a preliminary
determination of the student’s eligibility or ineligibility for a grant under
such subpart 1.
(2) In order to be eligible to receive any loan under section 428A for any
period of enrollment, a student shall—
(A) have received a determination of need for a loan under section
428(a)(2)(B) of this title;
(B) if determined to have need for a loan under section 428, have applied
for such a loan; and
(C) has applied for a loan under section 428H, if such student is eligible
to apply for such a loan.
(3) A student who—
(A) is carrying at least one-half the normal full-time work load for the
course of study that the student is pursuing, as determined by an eligible
institution, and
(B) is enrolled in a course of study necessary for enrollment in a program
leading to a degree or certificate, shall be, notwithstanding paragraph (1) of
subsection (a), eligible to apply for loans under part B or D of this title.
The eligibility described in this paragraph shall be restricted to one 12-month
period.
(4) A student who—
(A) is carrying at least one-half the normal full-time work load for the
course of study the student is pursuing, as determined by the institution, and
(B) is enrolled or accepted for enrollment in a program at an eligible
institution necessary for a professional credential or certification from a
State that is required for employment as a teacher in an elementary or
secondary school in that State, shall be, notwithstanding paragraph (1) of
subsection (a), eligible to apply for loans under part B, D, or E or work-study
assistance under part C of this title.
(5) Notwithstanding any other provision of this subsection, no incarcerated
student is eligible to receive a loan under this title.
(c) SATISFACTORY PROGRESS.—
(1) For the purpose of subsection (a)(2), a student is maintaining
satisfactory progress if—
(A) the institution at which the student is in attendance, reviews the
progress of the student at the end of each academic year, or its equivalent, as
determined by the institution, and
(B) the student has a cumulative C average, or its equivalent or academic
standing consistent with the requirements for graduation, as determined by the
institution, at the end of the second such academic year.
(2) Whenever a student fails to meet the eligibility requirements of
subsection (a)(2) as a result of the application of this subsection and
subsequent to that failure the student has academic standing consistent with
the requirements for graduation, as determined by the institution, for any
grading period, the student may, subject to this subsection, again be eligible
under subsection (a)(2) for a grant, loan, or work assistance under this title.
(3) Any institution of higher education at which the student is in
attendance may waive the provisions of paragraph (1) or paragraph (2) of this
subsection for undue hardship based on—
(A) the death of a relative of the student,
(B) the personal injury or illness of the student, or
(C) special circumstances as determined by the institution.
(d) STUDENTS WHO ARE NOT HIGH SCHOOL GRADUATES.—In
order for a student who does not have a certificate of graduation from a school
providing secondary education, or the recognized equivalent of such
certificate, to be eligible for any assistance under subparts 1, 3, and 4 of
part A and parts B, C, D, and E of this title, the student shall meet one of the following standards:
(1) The student shall take an independently administered examination and
shall achieve a score, specified by the Secretary, demonstrating that such
student can benefit from the education or training being offered. Such
examination shall be approved by the Secretary on the basis of compliance with
such standards for development, administration, and scoring as the Secretary
may prescribe in regulations.
(2) The student shall be determined as having the ability to benefit from
the education or training in accordance with such process as the State shall
prescribe. Any such process described or approved by a State for the purposes
of this section shall be effective 6 months after the date of submission to the
Secretary unless the Secretary disapproves such process. In determining whether
to approve or disapprove such process, the Secretary shall take into account
the effectiveness of such process in enabling students without high school
diplomas or the equivalent thereof to benefit from the instruction offered by
institutions utilizing such process, and shall also take into account the
cultural diversity, economic circumstances, and educational preparation of the
populations served by the institutions.
(3) The student has completed a secondary school
education in a home school setting that is treated as a home school or private
school under State law.