C.F.R. » Title 34 » CHAPTER VI—OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION › PART 600—INSTITUTIONAL ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965, AS AMENDED › Subpart A—General

34 C.F.R. § 600.4

Institution of higher education

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(a) An institution of higher education is a public or other nonprofit educational institution that—

(1) Is in a State, or for purposes of the Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, Federal Work-Study, and Federal TRIO programs may also be located in the Federated States of Micronesia or the Marshall Islands;

(2) Admits as regular students only persons who—

(i) Have a high school diploma;

(ii) Have the recognized equivalent of a high school diploma; or

(iii) Are beyond the age of compulsory school attendance in the State in which the institution is physically located;

(3) Is legally authorized to provide an educational program beyond secondary education in the State in which the institution is physically located in accordance with § 600.9;

(4)(i) Provides an educational program—

(A) For which it awards an associate, baccalaureate, graduate, or professional degree;

(B) That is at least a two-academic-year program acceptable for full credit toward a baccalaureate degree; or

(C) That is at least a one academic year training program that leads to a certificate, or other nondegree recognized credential, and prepares students for gainful employment in a recognized occupation; and

(ii) May provide a comprehensive transition and postsecondary program, as described in 34 CFR part 668, subpart O; and

(5) Is—

(i) Accredited or preaccredited; or

(ii) Approved by a State agency listed in the Federal Register in accordance with 34 CFR part 603, if the institution is a public postsecondary vocational educational institution that seeks to participate only in Federal student assistance programs.

(b) An institution is physically located in a State if it has a campus or other instructional site in that State.

(c) The Secretary does not recognize the accreditation or preaccreditation of an institution unless the institution agrees to submit any dispute involving an adverse action, such as the final denial, withdrawal, or termination of accreditation, to arbitration before initiating any other legal action.

[59 FR 22336, Apr. 29, 1994, as amended at 64 FR 58615, Oct. 29, 1999; 74 FR 55932, Oct. 29, 2009; 75 FR 66946, Oct. 29, 2010; 84 FR 58915, Nov. 1, 2019; 87 FR 65486, Oct. 28, 2022]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1996–2022 · leading case: Carlos Urquilla-Diaz v. Kaplan Univ., 780 F.3d 1039 (11th Cir. 2015).
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Carlos Urquilla-Diaz v. Kaplan Univ., 780 F.3d 1039 (11th Cir. 2015). “34 C.F.R. § 600.4 (a)(5)(i). 4 This is equally true for a proprietary school 5 like Kaplan.”
Ass'n of Private Sector Colleges & Universities v. Duncan, 681 F.3d 427 (D.C. Cir. 2012). “First, the Department emphasizes that whereas the previous regulations required authorization “in the State in which the institution is physically located,” 34 C.F.R. §§ 600.4 (a)(3), 600.5(a)(4), 600.”
Ass'n of Private Sector Colleges & Universities v. Duncan, 110 F. Supp. 3d 176 (D.D.C. 2015). “This is an invention by the Association. The current regulatory scheme requires schools to be “legally authorized to provide an educational program .”
Career Coll. Ass'n v. Duncan, 796 F. Supp. 2d 108 (D.D.C. 2011). “See 34 C.F.R. § 600.4 (a)(3), (b) (defining an institution of higher education as one that is “legally authorized to provide an educational program beyond secondary education in the State in which the institution is physically located,” and stipulating that “[a]n institution is…”
Sistema Universitario Ana G. Mendez v. Riley, 234 F.3d 772 (1st Cir. 2000). “§ 1141 (a)(2); see also 34 C.F.R. § 600.4 (a)(3). The core dispute between the parties is that Sistema says it was so “legally authorized” as to the PROSEE sites at issue and the Secretary says it was not.”
Massachusetts Sch. of Law at Andover, Inc. v. Am. Bar Ass'n, 914 F. Supp. 688 (D. Mass. 1996). “Thus, in the matter of eligibility for federal student aid, 34 C.F.R § 600.4 provides that the institution must either be “accredited or preaccredited.”
Infusino v. Devos (D.D.C. 2022). “; see 34 C.F.R. §§ 600.4 (a), 600.5(a). Plaintiffs attended two for-profit art schools, the Illinois Institute of Art (“IIA”) and the Art Institute of Colorado (“AIC”).”
Career Coll. Ass'n v. Duncan (D.D.C. 2011). “See 34 C.F.R. § 600.4 (a)(3), (b) (defining an institution of higher education as one that is “legally authorized to provide an educational program beyond secondary education in the State in which the institution is physically located,” and stipulating that “[a]n institution is…”
Carlos Urquilla-Diaz v. Kaplan Univ. (11th Cir. 2015). “34 C.F.R. § 600.4 (a)(5)(i).4 This is equally true for a proprietary school 5 like Kaplan.”
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