[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR607.3]

[Page 233-234]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 607--STRENGTHENING INSTITUTIONS PROGRAM--Table of Contents
 
                           Subpart A--General
 
Sec. 607.3  What is an enrollment of needy students?

    (a) Except as provided in paragraph (b) of this section, for the 
purpose of Sec. 607.2(a)(1), an applicant institution has an enrollment 
of needy students if in the base year--
    (1) At least 50 percent of its degree students received student 
financial assistance under one or more of the following programs: Pell 
Grant, Supplemental Educational Opportunity Grant, College Work-Study, 
and Perkins Loan; or

[[Page 234]]

    (2) The percentage of its undergraduate degree students who were 
enrolled on at least a half-time basis and received Pell Grants exceeded 
the median percentage of undergraduate degree students who were enrolled 
on at least a half-time basis and received Pell Grants at comparable 
institutions that offer similar instruction.
    (b) The Secretary may waive the requirement contained in paragraph 
(a) of this section if the institution demonstrates that--
    (1) The State provides more than 30 percent of the institution's 
budget and the institution charges not more than $99.00 for tuition and 
fees for an academic year;
    (2) At least 30 percent of the students served by the institution in 
the base year were students from low-income families;
    (3) The institution substantially increases the higher education 
opportunities for low-income students who are also educationally 
disadvantaged, underrepresented in postsecondary education, or minority 
students;
    (4) The institution substantially increases the higher education 
opportunities for individuals who reside in an area that is not included 
in a ``metropolitan statistical area'' as defined by the Office of 
Management and Budget and who are unserved by other postsecondary 
institutions;
    (5) The institution is located on or within 50 miles of an Indian 
reservation, or a substantial population of Indians and the institution 
will, if granted the waiver, substantially increase higher education 
opportunities for American Indians;
    (6) It is a tribal college or university; or
    (7) The institution will, if granted the waiver, substantially 
increase the higher education opportunities for Black Americans, 
Hispanic Americans, Native Americans, Asian Americans or Pacific 
Islanders, including Native Hawaiians.
    (c) For the purpose of paragraph (b) of this section, the Secretary 
considers ``low-income'' to be an amount which does not exceed 150 
percent of the amount equal to the poverty level as established by the 
United States Bureau of the Census.
    (d) Each year, the Secretary notifies prospective applicants through 
a notice in the Federal Register of the low-income figures.

(Authority: 20 U.S.C. 1058 and 1067)

[52 FR 30529, Aug. 14, 1987, as amended at 60 FR 15447, Mar. 23, 1995; 
64 FR 70153, Dec. 15, 1999]