Page:United States Statutes at Large Volume 112 Part 2.djvu/703

 PUBLIC LAW 105-244 —OCT. 7, 1998 112 STAT. 1587 "(i) IN GENERAL. —For the purpose of qualifying as an institution under paragraph (I)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall— "(I) evaluate the standards of accreditation applied to applicant foreign medical schools; and " (II) determine the comparability of those standards to standeirds for accreditation applied to United States medical schools, "(ii) SPECIAL RULE.— I f the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 101. " (C) FAILURE TO RELEASE INFORNLATION.— The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of title IV. "(D) SPECIAL RULE. — If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under title IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred. " (3) LIMITATIONS BASED ON COURSE OF STUDY OR ENROLL- MENT.—An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution— "(A) offers more than 50 percent of such institution's courses by correspondence, unless the institution is an institution that meets the definition in section 521(4)(C) of the Carl D. Perkins Vocational and Applied Technology Education Act; "(B) enrolls 50 percent or more of the institution's students in correspondence courses, unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; "(C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary diploma, respectively; or "(D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor's degjee or an associate's

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