Federal Legislation
June 17, 2002

H.R. 4866—Fed Up Higher Education Technical Amendments of 2002

Action Requested:
None at this time.


A bill to make technical amendments to the Higher Education Act of 1965 incorporating the results of the Fed Up Initiative.

Introduced June 5, 2002 by Rep. Howard (Buck) P. McKeon (R-CA 25th)



6/5/2002:Referred to the House Committee on Education and the Workforce.
7/16/2002:Rep. Boehner moved to suspend the rules and pass the bill, as amended. The bill was considered under suspension of the rules. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 246--177. Motion to reconsider laid on the table Agreed to without objection.

Bill Summary and Status

HSLDA's Position:

HSLDA supports H.R. 4866 — a technical amendment to the Higher Education Act of 1965. Rep. McKeon introduced this bill to permanently fix a problem home school graduates were repeatedly facing when applying to colleges and universities across the country.

As currently worded, the Higher Education Act provides that for federal financial aid to be awardable, both the student and the institution must be "eligible". Problems arose for home school students because although the student eligibility section provides that home schoolers are eligible, it does so in a section addressing students who are not high school graduates. This placed the colleges' institutional eligibility in doubt, for the law required the institutions to admit only high school graduates or those meeting certain equivalent requirements (or students over the age of compulsory attendance) in order to be eligible. As a result, several colleges questioned whether they could admit under age home schoolers as full time students.

H.R. 4866 will fix this situation by placing a new line (in bold below) in the institutional eligibility section, so that the section now reads: "The term 'institution of higher education means' an educational institution in any State that - (1) 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 or students who meet the requirements of section 484(d)(3)...." Section 484(d)(3) is 20 USC 1091(d)(3), the current student eligibility section, which provides that a student is eligible if: "(3) The student has completed a secondary school education in a home school setting that is treated as a home school or private school under state law."

 Other Resources

H.R. 4866 (pdf)

Breakthrough for Young College-Bound Home School Graduates 4/30/2002

U.S. Department of Education Guidance Letter for Home School Student Eligibility 4/29/2002

Recognizing Home School Diplomas for College Admittance and Financial Aid 2/11/2000