Page:United States Statutes at Large Volume 120.djvu/208

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 177

(2) by striking paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) by adding at the end the following new paragraph: ‘‘(3) Notwithstanding paragraph (1) and section 472, assistance not received under this title may be excluded from both estimated financial assistance and cost of attendance, if that assistance is provided by a State and is designated by such State to offset a specific component of the cost of attendance. If that assistance is excluded from either estimated financial assistance or cost of attendance, it shall be excluded from both.’’. SEC. 8020. GENERAL PROVISIONS.

(a) ACADEMIC YEAR.—Paragraph (2) of section 481(a) (20 U.S.C. 1088(a)) is amended to read as follows: ‘‘(2)(A) For the purpose of any program under this title, the term ‘academic year’ shall— ‘‘(i) require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or ‘‘(ii) require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and ‘‘(iii) require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least— ‘‘(I) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or ‘‘(II) 900 clock hours in a course of study that measures its program length in clock hours. ‘‘(B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.’’. (b) DISTANCE EDUCATION: ELIGIBLE PROGRAM.—Section 481(b) (20 U.S.C. 1088(b)) is amended by adding at the end the following new paragraphs: ‘‘(3) An otherwise eligible program that is offered in whole or in part through telecommunications is eligible for the purposes of this title if the program is offered by an institution, other than a foreign institution, that has been evaluated and determined (before or after the date of enactment of the Higher Education Reconciliation Act of 2005) to have the capability to effectively deliver distance education programs by an accrediting agency or association that— ‘‘(A) is recognized by the Secretary under subpart 2 of part H; and ‘‘(B) has evaluation of distance education programs within the scope of its recognition, as described in section 496(n)(3). ‘‘(4) For purposes of this title, the term ‘eligible program’ includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is consistent with the accreditation of the institution or program utilizing the

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