12 2 STA T .3 2 89PUBLIC LA W 11 0– 31 5— AU G .1 4, 2008 (B)byred e signat ing s u b p aragrap h (B) as subpara - graph ( C )
and (C) by inserting a f ter subparagraph ( A )thef ol lo w ing new subparagraph
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‘(B) the student su c cessfully passes two unannounced drug tests conducted by a drug rehabilitation progra m that complies with such criteria as the S ecretary shall prescribe in regulations for purposes of subparagraph (A)(i); or ’ ’; ( 8 ) by adding at the end the following: ‘‘(s) S TUDEN T SWI T HI NTE L LE C TU A L D ISA B ILITIES .— ‘‘( 1 )DE F INITI O NS.—In this subsection the terms ‘com- prehensi v e transition and postsecondary program for students with intellectual disabilities’ and ‘student with an intellectual disability’ have the meanings given the terms in section 760 . ‘‘( 2 ) R E Q UI R E M ENTS.— N otwithstanding subsections (a) , (c), and (d), in order to receive any grant or wor k assistance under section 4 01, subpart 3 of part A, or part C, a student with an intellectual disability shall— ‘‘(A) be enrolled or accepted for enrollment in a com- prehensive transition and postsecondary program for stu- dents with intellectual disabilities at an institution of higher education; ‘‘(B) be maintaining satisfactory progress in the pro- gram as determined by the institution, in accordance with standards established by the institution; and ‘‘(C) meet the re q uirements of paragraphs (3), (4), ( 5 ), and (6) of subsection (a). ‘‘(3) AUTHORIT Y .—Notwithstanding any other provision of law unless such provision is enacted with specific reference to this section, the Secretary is authori z ed to waive any statu- tory provision applicable to the student financial assistance programs under section 401, subpart 3 of part A, or part C (other than a provision of part F related to such a program), or any institutional eligibility provisions of this title, as the Secretary determines necessary to ensure that programs enrolling students with intellectual disabilities otherwise deter- mined to be eligible under this subsection may receive such financial assistance. ‘‘(4) RE G ULATIONS.—Notwithstanding regulations applicable to grant or work assistance awards made under section 401, subpart 3 of part A, and part C (other than a regulation under part F related to such an award), including with respect to eligible programs, instructional time, credit status, and enrollment status as described in section 481, the Secretary shall promulgate regulations allowing programs enrolling students with intellectual disabilities otherwise deter- mined to be eligible under this subsection to receive such awards.’’; and ( 9 ) by adding after subsection (s) (as added by paragraph (7)) the following: ‘‘(t) DATA ANALYSIS ON ACCESS TO FEDERAL STUDENT AID FOR CERTAIN P O P ULATIONS.— ‘‘(1) DE V ELOPMENT OF THE SYSTEM.—Within one year of enactment of the H igher E ducation O pportunity Act, the Sec- retary shall analyze data from the FAFSA containing informa- tion regarding the number, characteristics, and circumstances Deadlin e .W ai v e r a utho rit y . C riteria. R e g ulation s .
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