### Question
How does the law define eligible student?


### Answer
Under *20 U.S.C. § 1138*, **eligible student** is defined as:

> an individual who is enrolled as a full-time or part-time student at an institution of higher education (as defined in section 1002 of this title) and is—


(A) a dependent student who is a child of—


(i) an individual who is—


(I) serving on active duty during a war or other military operation or national emergency (as defined in section 1088 of this title)

#### Citation:
  - *20 U.S.C. § 1138*
  - Heading: **CHAPTER 28-HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE > SUBCHAPTER VII-GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS > Part B-Fund for the Improvement of Postsecondary Education**

