Page:United States Statutes at Large Volume 106 Part 1.djvu/649

 PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 617 mentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)— "(A) the institution— "(i) shall provide a reasonable opportunity to submit to the institution evidence indicating a satisfactory immigration status, and "(u) may not delay, deny, reduce, or terminate the individual's eligibility for the grant, loan, or work assistance on the basis of the individual's immigration status until such a reasonable opportunity has been provided; and "(B) if there Eu*e submitted dociunents which the institution determines constitutes reasonable evidence indicating such status— " (i) the institution shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such docimients for official verification, (ii) pending such verification, the institution may not delay, deny, reduce, or terminate the individual's eligibihty for the grant, loan, or work assistance on the basis of the individual's immigration status, and "(iii) the institution shall not be Uable for the consequences of any action, delay, or failure of the Service to conduct such verification.". (g) ADDITIONAL PROVISIONS. — Section 484 of the Act is further amended by adding at the end the following new subsections: "(1) SPECIAL RULE FOR CORRESPONDENCE COURSES. — A student shall not be eligible to receive grant, loan, or work assistance under this title for a correspondence course unless such course is part of a program leading to an associate, bachelor or graduate degree. (m) COURSES OFFERED THROUGH TELECOMMUNICATIONS.— "(1) RELATION TO CORRESPONDENCE COURSES. — A student enrolled in a coxzrse of instruction at an eligible institution of higher education (other than an institution that meets the defimtion in section 521(4)(C) of the Carl D. Perkins Vocational and Applied Technology Education Act) that is offered in whole or in part through telecommimications and leads to a recognized associate, bachelor, or graduate degree conferred by such institution shall not be considered to be enrolled in correspondence courses unless the total amount of telecommunications and correspondence courses at such institution equals or exceeds 50 percent of such courses. "(2) RESTRICTION OR REDUCTIONS OF FINANCIAL AID. —A student's eligibility to receive grants, loans, or work assistance under this title shall be reduced if a financial aid officer determines under the discretionary authority provided in section 479A that telecommimications instruction results in a substantially reduced cost of attendance to such student. "(3) SPECIAL RULE.— For award years prior to the date of enactment of this subsection, the Secretary shall not take any compliance, disallowance, penalty, or other action against a student or an eligible institution when such action arises out of such institution's prior awsird of student assistance under this title if the institution demonstrates to the satisfaction of the Secretary that its course of instruction would have been in conformance with the requirements of this subsection.

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