(a) Full-time students. A full-time student for the purpose of this
subpart is
defined as one who meets the accepted definition of a full-time student
of the institution of higher education which employs him/her. A full-
time student retains that status during the student's Christmas, summer
and other vacations, even when a student is taking one or more courses
during his/her summer or other vacation. The phrase in section 14(b) of
the statute ``regardless of age but in compliance with applicable child
labor laws'', among other things restricts the employment in an
institution of higher education to full-time students who are at least
14 years of age because of the application of section 3(1) of the Act.
(b) Institution of higher education. An institution of higher
education is an institution above the secondary level, such as a college
or university, a junior college, or a professional school of
engineering, law, library science, social work, etc. It is one that is
recognized by a national accrediting agency or association as determined
by the U.S. Commissioner of Education. Generally, an institution of
higher education: (1) Admits as regular students only individuals having
a certificate of graduation from a high school or the recognized
equivalent of such a certificate; and (2) is legally authorized within a
State to provide a program of education beyond high school; and (3)
provides an educational program for which it normally awards a
bachelor's degree, or provides not less than a two-year program which is
acceptable for full credit toward such a degree or offers a two-year
program in engineering, mathematics, or the physical or biological
sciences which is designed to prepare the student to work as a
technician and at a semi-professional level in engineering, scientific,
or other technological fields which require the understanding and
application of basic engineering, scientific, or mathematical principles
of knowledge.
[40 FR 6329, Feb. 11, 1975; 40 FR 22546, May 23, 1975]
