12 2 STA T .3 1 70PUBLIC LA W 110 – 31 5— AU G .1 4, 200 8‘ ‘ (F)isnotrec ei v in ga ssistance u n d er p art B or part A o f tit l e V. ‘‘( 2 ) ENROL L ME N T O F NEE DYS T U DENTS. —Th e ter m ‘enroll - ment of need y students ’ means the enrollment at an eligi b le institution w ith respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree— ‘‘(A) in the second fiscal year preceding the fiscal year for which the determination is made , were Federal P ell G rant recipients for such year
‘‘(B) come from families that receive benefits under a means-tested Federal benefit program; ‘‘( C ) attended a public or nonprofit private secondary school that— ‘‘(i) is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and S econdary Education Act of 196 5 for any year during which the student attended such secondary school; and ‘‘(ii) for the purpose of this paragraph and for such year of attendance, was determined by the Sec- retary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 111 3 (a)(5) of such Act e x ceeds 30 percent of the total enrollment of such school; or ‘‘( D ) are first-generation college students and a ma j ority of such first-generation college students are low- income individuals. ‘‘(3) F I RST- G ENER A TION C OLLEGE STUDENT.—The term ‘first- generation college student’ has the meaning given the term in section 4 02A(h). ‘‘(4) L O W -INCOME INDI V IDUAL.—The term ‘low-income indi- vidual’ has the meaning given such term in section 402A(h). ‘‘(5) M EANS-TESTED FEDERAL B ENEFIT P ROGRAM.—The term ‘means-tested Federal benefit program’ means a program of the Federal Government, other than a program under title IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family see k ing the benefit. ‘‘(6) PREDOMINANTLY BLAC K INSTITUTION.—The term ‘Predominantly Black Institution’ means an institution of higher education, as defined in section 101(a)— ‘‘(A) that is an eligible institution with not less than 1,000 undergraduate students; ‘‘(B) at which not less than 50 percent of the under- graduate students enrolled at the eligible institution are low-income individuals or first-generation college students; and ‘‘(C) at which not less than 50 percent of the under- graduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the eligible institution is licensed to award by the State in which the eligible institution is located. ‘‘( 7 ) STATE.—The term ‘State’ means each of the 50 States and the District of Columbia.
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