Page:United States Statutes at Large Volume 112 Part 2.djvu/863

 PUBLIC LAW 105-244 —OCT. 7, 1998 112 STAT. 1747 students enrolled in distance education programs. "(b) DEMONSTRATION PROGRAMS AUTHORIZED.— "(1) IN GENERAL.—In accordance with the provisions of subsection (d), the Secretary is authorized to select institutions of higher education, systems of such institutions, or consortia of such institutions for voluntary participation in a Distance Education Demonstration Program that provides participating institutions with the ability to offer distance education programs that do not meet all or a portion of the sections or regulations described in paragraph (2). "(2) WAIVERS. — The Secretary is authorized to waive for any institution of higher education, system of institutions of higher education, or consortium participating in a Distance Education Demonstration Program, the requirements of section 472(5) as the section relates to computer costs, sections 481(a) and 481(b) as such sections relate to requirements for a minimum number of weeks of instruction, sections 102(a)(3)(A), 102(a)(3)(B), and 484(1)(1), or one or more of the regulations prescribed under this part or part F which inhibit the operation of quality distance education programs. "(3) ELIGIBLE APPLICANTS. — "(A) ELIGIBLE INSTITUTIONS.—Except as provided in subparagraphs (B), (C), and (D), only an institution of higher education that is eligible to participate in programs under this title shall be eligible to participate in the demonstration program authorized under this section. "(B) PROHIBITION.—An institution of higher education described in section 102(a)(l)(C) shall not be eligible to participate in the demonstration program authorized under this section. "(C) SPECIAL RULE. —Subject to subparagraph (B), an institution of higher education that meets the requirements of subsection (a) of section 102, other than the requirement of paragraph (3)(A) or (3)(B) of such subsection, and that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree, shall be eligible to participate in the demonstration program authorized under this section. "(D) REQUIREMENT.—Notwithstanding any other provision of this paragraph. Western Governors University shall be considered eligible to participate in the demonstration program authorized under this section. In addition to the waivers described in paragraph (2), the Secretary may waive the provisions of title I and parts G and H of this title for such university that the Secretary determines to be appropriate because of the unique characteristics of such university. In carrying out the preceding sentence, the Secretary shall ensure that adequate program integrity and accountability measures apply to such universitj^s participation in the demonstration program authorized under this section. " (c) APPLICATION.— "(1) IN GENERAL.—Each institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the
 * (C) the appropriate level of Federal assistance for

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