reasonable progress toward that status a condition to qualify for support (the requirement could be waived for institutions serving a substantial population of Indians), (3) the establishment of an Advisory Council on Developing Institutions, and (4) the waiver of any requirement for a non-Federal share of the cost of a program or project for certain specified programs which are otherwise approvable. The 1974 Amendment authorized the

Commissioner of Education to waive three years of the accreditation requirement for programs which demonstrably increase higher education for Spanish-speaking people. Finally, in the Education Amendments of 1976, the limitation of 1.4 percent on funds received under the accreditation waiver for Indian Education was removed.

Two year colleges to receive 23 percent
of the appropriation.

The Professor Emeritus program was
introduced.

a.

b.

Two year colleges to receive 24 percent
of the appropriation.

To qualify for support, the college must
be accredited (or making reasonable
progress toward accreditation) by a
nationally recognized accrediting agency
or association during the five years
preceding the academic year for which it
seeks Title III assistance.

C.

d.

e.

f.

The requirements set forth in clause b.
(above) are waived in the case of
applications for grants under this
title by institutions located on or
near an Indian reservation or a sub-
stantial population of Indians, if such
action will increase higher education of
Indians, except that such grants may not
involve an expenditure of funds in excess
of 1.4 per centum of the sums appropriated
pursuant to this title for any fiscal year.

There is hereby established an Advisory
Council on Developing Institutions con-
sisting of nine members appointed by the
Commissioner with the approval of the
Secretary.

No application for a National Teaching
Fellowship or a Professor Emeritus Grant
shall be approved for an award of such a
fellowship or grant for a period exceeding
two academic years, except that the award
of a Professor Emeritus Grant may be for
such period, in addition to such two-year
period of award, as the Commissioner, upon
the advice of the Council, may determine
in accordance with policies of the Commis-
sioner set forth in regulations.

If the application for Title III assistance
is otherwise approvable, the Commissioner
is authorized to waive any requirement for
a non-Federal share of the cost of the
program or project, or, to the extent not
inconsistent with other law, to give, or
require to be given, priority consideration
of the application in relation to appli-
cations from institutions which are not
developing institutions.

This waiver of the non-Federal share of the
cost of the program or project applies to
program(s) authorized by the following
titles: The College Library Assistance and
Library Training and Research Programs
(Title II of the Higher Eduation Act

of 1965, HEA; 45 CFR Parts 131, 132); the
Talent Search, Upward Bound, Special Services

for Disadvantaged Students and Educational
Opportunity Center Programs (Title IV A-4,
HEA; 45 CFR Parts 154, 155); the College
Work-Study Program (Title IV-C, HEA; 45
CFR Part 175); the Cooperative Education
Program (Title IV, D, HEA); the National
Direct Student Loan Program (Title IV-E,
HEA; 45 CFR, Part 144); Financial Assistance
for Improvement of Undergraduate Institutions
(Title VI, HEA; 45 CFR, Part 171); and the
Construction of Academic Facilities Program
(Title VII, HEA; 45 CFR, Part 170).

An application for assistance under Title
III shall set forth policies and procedures
for the evaluation of the effectiveness of
the project or activity in accomplishing
its purpose.

If institutions requesting assistance under Title III can demonstrate that the programs they are proposing will increase higher education for Spanish-speaking people, the Commissioner is authorized to waive three years of the accreditation requirement.22

The removal of the 1.4 percent limitation
on funds placed in the waiver provisions
of the 1972 Amendments regarding accredi-
tation. 23

As the Title III legislation was expanded, the language

tended to change in order to accomodate the new functions expressing that expansion. 24

DEVELOPING INSTITUTIONS:

IDENTIFICATION,

DEVELOPMENT STAGES, AND ELIGIBILITY

What is a Developing Institution?

The above query has been a recurring question in all serious discussions of identification and selection.

During the House Hearings on the Title III legislation, several members of the Subcommittee were perplexed at their failure to get a firm grasp on the concept "developing institution." As noted earlier, Commissioner Keppel and his assistant, Broadus Butler, met the criticism on the lack of specificity charge by presenting a list of characteristics of a developing institution. Some members of the Subcommittee, including Congresswoman Green,

felt that it was possible to construe the term in such a 1 way that almost any college could qualify. This view was in a sense prophetic for such a construction, in some degree, is still possible. The requirement that each applicant institution submit a well-defined plan indicating where it is and where it wishes to go simply broadens the possibilities. In fact, as has been said, all educational institutions are or should be developing.

The "rules" under which the Developing Institution

Program now operates include under Subpart B

43

criteria

for identifying Developing Institutions. A definition found in Section 169.11 is presented below.

Section 169.11 - General Criteria

A "developing institution" is an institution
of higher education in any state which:

(a) Is legally authorized to provide and provides within the State, an education program for which it awards a bachelor's degree, or is a junior or community college;

(b) Admits as regular students only persons having a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate;

(c) Is accredited by a nationally recognized accrediting agency or association determined by the Commissioner to be reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation;

(d) Meets the requirements of paragraphs (a) and (c) of this section during the five academic years preceding the academic year for which it seeks assistance under this part, except that:

(1) the Commissioner may waive this five year requirement for those institutions located on or near an Indian reservation or a substantial number of Indians if he determines that such a waiver will increase the opportunity for Indians to obtain the benefits of higher education and

(2) the Commissioner may waive three years of this five year requirement for an institution if he determines that such a waiver will substantially increase higher education for Spanish-speaking people. For