< Back to H.R. 4137 (110th Congress, 2007–2009)

Text of the Higher Education Opportunity Act

This bill was enacted after being signed by the President on August 14, 2008. The text of the bill below is as of Aug 1, 2008 (Passed Congress/Enrolled Bill).

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I

One Hundred Tenth Congress of the United States of America

At the Second Session

H. R. 4137

AN ACT

To amend and extend the Higher Education Act of 1965, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Higher Education Opportunity Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. General effective date.

TITLE I—GENERAL PROVISIONS

Sec. 101. General definition of institution of higher education.

Sec. 102. Definition of institution of higher education for purposes of title IV programs.

Sec. 103. Additional definitions.

Sec. 104. Protection of student speech and association rights.

Sec. 105. Treatment of territories and territorial student assistance.

Sec. 106. National Advisory Committee on Institutional Quality and Integrity.

Sec. 107. Drug and alcohol abuse prevention.

Sec. 108. Prior rights and obligations.

Sec. 109. Diploma mills.

Sec. 110. Improved information concerning the Federal student financial aid website.

Sec. 111. Transparency in college tuition for consumers.

Sec. 112. Textbook information.

Sec. 113. Database of student information prohibited.

Sec. 114. In-State tuition rates for Armed Forces members, spouses, and dependent children.

Sec. 115. State higher education information system pilot program.

Sec. 116. State commitment to affordable college education.

Sec. 117. Performance-based organization for the delivery of Federal student financial assistance.

Sec. 118. Procurement flexibility.

Sec. 119. Certification regarding the use of certain Federal funds.

Sec. 120. Institution and lender reporting and disclosure requirements.

TITLE II—Teacher Quality Enhancement

Sec. 201. Teacher quality enhancement.

TITLE III—Institutional aid

Sec. 301. Program purpose.

Sec. 302. Definitions; eligibility.

Sec. 303. American Indian tribally controlled colleges and universities.

Sec. 304. Alaska Native and Native Hawaiian-serving institutions.

Sec. 305. Predominantly Black Institutions.

Sec. 306. Native American-serving, nontribal institutions.

Sec. 307. Assistance to Asian American and Native American Pacific Islander-serving institutions.

Sec. 308. Part B definitions.

Sec. 309. Grants to institutions.

Sec. 310. Allotments.

Sec. 311. Professional or graduate institutions.

Sec. 312. Unexpended funds.

Sec. 313. Endowment Challenge Grants.

Sec. 314. Historically Black college and university capital financing.

Sec. 315. Programs in STEM fields.

Sec. 316. Investing in historically Black colleges and universities and other minority-serving institutions.

Sec. 317. Technical assistance.

Sec. 318. Waiver authority.

Sec. 319. Authorization of appropriations.

Sec. 320. Technical corrections.

TITLE IV—Student assistance

PART A—Grants to students in attendance at institutions of higher education

Sec. 401. Federal Pell Grants.

Sec. 402. Academic competitiveness grants.

Sec. 403. Federal TRIO Programs.

Sec. 404. Gaining early awareness and readiness for undergraduate programs.

Sec. 405. Academic Achievement Incentive Scholarships.

Sec. 406. Federal Supplemental Educational Opportunity Grants.

Sec. 407. Leveraging Educational Assistance Partnership program.

Sec. 408. Special programs for students whose families are engaged in migrant and seasonal farmwork.

Sec. 409. Robert C. Byrd Honors Scholarship Program.

Sec. 410. Child care access means parents in school.

Sec. 411. Learning Anytime Anywhere Partnerships.

Sec. 412. TEACH Grants.

PART B—Federal family education loan program

Sec. 421. Limitations on amounts of loans covered by Federal insurance.

Sec. 422. Federal payments to reduce student interest costs.

Sec. 423. Voluntary flexible agreements.

Sec. 424. Federal PLUS loans.

Sec. 425. Federal consolidation loans.

Sec. 426. Default reduction program.

Sec. 427. Requirements for disbursement of student loans.

Sec. 428. Unsubsidized Stafford loan limits.

Sec. 429. Loan forgiveness for teachers employed by educational service agencies.

Sec. 430. Loan forgiveness for service in areas of national need.

Sec. 431. Loan repayment for civil legal assistance attorneys.

Sec. 432. Reports to consumer reporting agencies and institutions of higher education.

Sec. 433. Legal powers and responsibilities.

Sec. 434. Student loan information by eligible lenders.

Sec. 435. Consumer education information.

Sec. 436. Definitions of eligible institution and eligible lender.

Sec. 437. Discharge and cancellation rights in cases of disability.

Sec. 438. Conforming amendments for repeal of section 439.

PART C—Federal work-study programs

Sec. 441. Authorization of appropriations.

Sec. 442. Allowance for books and supplies.

Sec. 443. Grants for Federal work-study programs.

Sec. 444. Flexible use of funds.

Sec. 445. Job location and development programs.

Sec. 446. Additional funds for off-campus community service.

Sec. 447. Work colleges.

PART D—Federal Direct Student Loan

Sec. 451. Terms and conditions of loans.

Sec. 452. Funds for administrative expenses.

Sec. 453. Guaranty agency responsibilities and payments; reports and cost estimates.

Sec. 454. Loan cancellation for teachers.

PART E—Federal Perkins Loans

Sec. 461. Extension of authority.

Sec. 462. Allowance for books and supplies.

Sec. 463. Agreements with institutions.

Sec. 464. Perkins loan terms and conditions.

Sec. 465. Cancellation for public service.

Sec. 466. Sense of Congress regarding Federal Perkins loans.

PART F—Need analysis

Sec. 471. Cost of attendance.

Sec. 472. Discretion to make adjustments.

Sec. 473. Definitions.

PART G—General provisions relating to student assistance

Sec. 481. Definitions.

Sec. 482. Master calendar.

Sec. 483. Improvements to paper and electronic forms and processes.

Sec. 484. Model institution financial aid offer form.

Sec. 485. Student eligibility.

Sec. 486. Statute of limitations and State court judgments.

Sec. 487. Readmission requirements for servicemembers.

Sec. 488. Institutional and financial assistance information for students.

Sec. 489. National Student Loan Data System.

Sec. 490. Early awareness of financial aid eligibility.

Sec. 491. Distance Education Demonstration Programs.

Sec. 492. Articulation agreements.

Sec. 493. Program participation agreements.

Sec. 494. Regulatory relief and improvement.

Sec. 494A. Transfer of allotments.

Sec. 494B. Purpose of administrative payments.

Sec. 494C. Advisory Committee on Student Financial Assistance.

Sec. 494D. Regional meetings and negotiated rulemaking.

Sec. 494E. Year 2000 requirements at the Department.

Sec. 494F. Technical amendment of income-based repayment.

PART H—Program integrity

Sec. 495. Recognition of accrediting agency or association.

Sec. 496. Eligibility and certification procedures.

Sec. 497. Program review and data.

Sec. 498. Review of regulations.

PART I—Competitive loan auction pilot program

Sec. 499. Competitive loan auction pilot program evaluation.

TITLE V—Developing Institutions

Sec. 501. Authorized activities.

Sec. 502. Postbaccalaureate opportunities for Hispanic Americans.

Sec. 503. Applications.

Sec. 504. Cooperative arrangements.

Sec. 505. Authorization of appropriations.

TITLE VI—International Education Programs

Sec. 601. Findings; purposes; consultation; survey.

Sec. 602. Graduate and Undergraduate Language and Area Centers and Programs.

Sec. 603. Language Resource Centers.

Sec. 604. Undergraduate International Studies and Foreign Language Programs.

Sec. 605. Research; studies.

Sec. 606. Technological innovation and cooperation for foreign information access.

Sec. 607. Selection of certain grant recipients.

Sec. 608. American overseas research centers.

Sec. 609. Authorization of appropriations for international and foreign language studies.

Sec. 610. Conforming amendments.

Sec. 611. Business and international education programs.

Sec. 612. Minority foreign service professional development program.

Sec. 613. Institutional development.

Sec. 614. Study abroad program.

Sec. 615. Advanced degree in international relations.

Sec. 616. Internships.

Sec. 617. Financial assistance.

Sec. 618. Report.

Sec. 619. Gifts and donations.

Sec. 620. Authorization of appropriations for the Institute for International Public Policy.

Sec. 621. Definitions.

Sec. 622. New provisions.

TITLE VII—Graduate and postsecondary improvement programs

Sec. 701. Purpose.

Sec. 702. Jacob K. Javits Fellowship program.

Sec. 703. Graduate assistance in areas of national need.

Sec. 704. Thurgood Marshall Legal educational opportunity program.

Sec. 705. Sense of Congress.

Sec. 706. Masters degree programs at historically Black colleges and universities and Predominantly Black Institutions.

Sec. 707. Fund for the improvement of postsecondary education.

Sec. 708. Repeal of the urban community service program.

Sec. 709. Programs to provide students with disabilities with a quality higher education.

Sec. 710. Subgrants to nonprofit organizations.

TITLE VIII—Additional Programs

Sec. 801. Additional programs.

Sec. 802. National Center for Research in Advanced Information and Digital Technologies.

Sec. 803. Establishment of pilot program for course material rental.

TITLE IX—AMENDMENTS TO OTHER LAWS

PART A—Education of the Deaf Act of 1986

Sec. 901. Laurent Clerc National Deaf Education Center.

Sec. 902. Agreement with Gallaudet University.

Sec. 903. Agreement for the National Technical Institute for the Deaf.

Sec. 904. Cultural experiences grants.

Sec. 905. Audit.

Sec. 906. Reports.

Sec. 907. Monitoring, evaluation, and reporting.

Sec. 908. Liaison for educational programs.

Sec. 909. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.

Sec. 910. Oversight and effect of agreements.

Sec. 911. International students.

Sec. 912. Research priorities.

Sec. 913. National study on the education of the deaf.

Sec. 914. Authorization of appropriations.

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act.

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION AMENDMENTS OF 1992

Sec. 931. Repeals.

Sec. 932. Grants to States for workplace and community transition training for incarcerated individuals.

Sec. 933. Underground Railroad Educational and Cultural Program.

Sec. 934. Olympic Scholarships.

Sec. 935. Establishment of a Deputy Assistant Secretary for International and Foreign Language Education.

PART D—TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER EDUCATION

SUBPART 1—Tribal Colleges and Universities

Sec. 941. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978.

SUBPART 2—Navajo Higher Education

Sec. 945. Short title.

Sec. 946. Reauthorization of Navajo Community College Act.

PART E—Omnibus Crime Control and Safe Streets Act of 1968

Sec. 951. Short title.

Sec. 952. Loan repayment for prosecutors and defenders.

PART F—Institutional loan repayment assistance programs

Sec. 961. Institutional loan forgiveness programs.

PART G—Minority serving institution digital and wireless technology opportunity program

Sec. 971. Minority Serving Institution Digital and Wireless Technology Opportunity Program.

Sec. 972. Authorization of appropriations.

TITLE X—Private Student Loan Improvement

Sec. 1001. Short title.

Sec. 1002. Regulations.

Sec. 1003. Effective dates.

Subtitle A—Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest

Sec. 1011. Amendment to the Truth in Lending Act.

Sec. 1012. Civil liability.

Sec. 1013. Clerical amendment.

Subtitle B—Improved disclosures for private education loans

Sec. 1021. Private education loan disclosures and limitations.

Sec. 1022. Application of Truth in Lending Act to all private education loans.

Subtitle C—College Affordability

Sec. 1031. Community Reinvestment Act credit for low-cost loans.

Subtitle D—Financial literacy; studies and reports

Sec. 1041. Definitions.

Sec. 1042. Coordinated education efforts.

TITLE XI—Studies and reports

Sec. 1101. Study on foreign graduate medical schools.

Sec. 1102. Employment of postsecondary education graduates.

Sec. 1103. Study on IPEDS.

Sec. 1104. Report and study on articulation agreements.

Sec. 1105. Report on proprietary institutions of higher education.

Sec. 1106. Analysis of Federal regulations on institutions of higher education.

Sec. 1107. Independent evaluation of distance education programs.

Sec. 1108. Review of costs and benefits of environmental, health, and safety standards.

Sec. 1109. Study of minority male academic achievement.

Sec. 1110. Study on bias in standardized tests.

Sec. 1111. Endowment report.

Sec. 1112. Study of correctional postsecondary education.

Sec. 1113. Study of aid to less-than-half-time students.

Sec. 1114. Study on regional sensitivity in the needs analysis formula.

Sec. 1115. Study of the impact of student loan debt on public service.

Sec. 1116. Study on teaching students with reading disabilities.

Sec. 1117. Report on income contingent repayment through the income tax withholding system.

Sec. 1118. Developing additional measures of degree completion.

Sec. 1119. Study on the financial and compliance audits of the Federal student loan program.

Sec. 1120. Summit on sustainability.

Sec. 1121. Nursing school capacity.

Sec. 1122. Study and report on nonindividual information.

Sec. 1123. Feasibility study for student loan clearinghouse.

Sec. 1124. Study on Department of Education oversight of incentive compensation ban.

Sec. 1125. Definition of authorizing committees.

2.

References

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

3.

General effective date

Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

I

GENERAL PROVISIONS

101.

General definition of Institution of higher education

(a)

Amendments

Section 101 (20 U.S.C. 1001) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by inserting before the semicolon the following: , or persons who meet the requirements of section 484(d)(3); and

(B)

in paragraph (3), by inserting , or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary after such a degree; and

(2)

by striking paragraph (2) of subsection (b) and inserting the following:

(2)

a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students individuals—

(A)

who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B)

who will be dually or concurrently enrolled in the institution and a secondary school.

.

(b)

Effective date

The amendments made by this section shall take effect on July 1, 2010.

102.

Definition of institution of higher education for purposes of title IV programs

(a)

International medical schools and nursing schools

Section 102(a)(2) (20 U.S.C. 1002(a)(2)) is amended—

(1)

in subparagraph (A)—

(A)

in the first sentence of the matter preceding clause (i), by inserting nursing school, after graduate medical school,;

(B)

in clause (i)—

(i)

in the matter preceding subclause (I), by inserting except as provided in subparagraph (B)(iii)(IV), before in the case; and

(ii)

by striking subclause (II) and inserting the following new subclause:

(II)

the institution—

(aa)

has or had a clinical training program that was approved by a State as of January 1, 1992; and

(bb)

continues to operate a clinical training program in at least one State that is approved by that State;

;

(C)

in clause (ii), by striking the period at the end and inserting ; or; and

(D)

by adding at the end the following:

(iii)

in the case of a nursing school located outside of the United States—

(I)

the nursing school has an agreement with a hospital, or accredited school of nursing (as such terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)), located in the United States that requires the students of the nursing school to complete the students' clinical training at such hospital or accredited school of nursing;

(II)

the nursing school has an agreement with an accredited school of nursing located in the United States providing that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States;

(III)

the nursing school certifies only Federal Stafford Loans under section 428, unsubsidized Federal Stafford Loans under section 428H, or Federal PLUS loans under section 428B for students attending the institution;

(IV)

the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution's cohort default rate during the previous fiscal year; and

(V)

not less than 75 percent of the individuals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year preceding the year for which the institution is certifying a Federal Stafford Loan under section 428, an unsubsidized Federal Stafford Loan under section 428H, or a Federal PLUS loan under section 428B, received a passing score on such examination.

; and

(2)

in subparagraph (B), by adding at the end the following:

(iii)

Report

(I)

In general

Not later than 1 year after the date of enactment of the Higher Education Opportunity Act, the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part B of title IV for graduate medical schools that—

(aa)

are located outside of the United States;

(bb)

do not meet the requirements of subparagraph (A)(i); and

(cc)

have a clinical training program approved by a State prior to January 1, 2008.

(II)

Recommendations

In the report described in subclause (I), the advisory panel's eligibility criteria shall include recommendations regarding the appropriate levels of performance for graduate medical schools described in such subclause in the following areas:

(aa)

Entrance requirements.

(bb)

Retention and graduation rates.

(cc)

Successful placement of students in United States medical residency programs.

(dd)

Passage rate of students on the United States Medical Licensing Examination.

(ee)

The extent to which State medical boards have assessed the quality of such school's program of instruction, including through on-site reviews.

(ff)

The extent to which graduates of such schools would be unable to practice medicine in 1 or more States, based on the judgment of a State medical board.

(gg)

Any areas recommended by the Comptroller General of the United States under section 1101 of the Higher Education Opportunity Act.

(hh)

Any additional areas the Secretary may require.

(III)

Minimum eligibility requirement

In the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb), as amended by section 102(b) of the Higher Education Opportunity Act, shall be a minimum eligibility requirement for a graduate medical school described in subclause (I) to participate in the loan programs under part B of title IV.

(IV)

Authority

The Secretary may—

(aa)

not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate medical schools described in such subclause to participate in the loan programs under part B of title IV based on the recommendations of such report; and

(bb)

not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligibility.

.

(b)

Percentage pass rate

Section 102(a)(2)(A)(i)(I)(bb) (20 U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking 60 and inserting 75.

(c)

Conforming amendment concerning 90/10 enforcement

Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended—

(1)

in subparagraph (D), by adding and after the semicolon;

(2)

in subparagraph (E), by striking ; and and inserting a period; and

(3)

by striking subparagraph (F).

(d)

Additional institutions

(1)

Amendment

Section 102 (20 U.S.C. 1002) is further amended—

(A)

in subsection (b)—

(i)

by striking paragraph (1)(A) and inserting the following:

(A)
(i)

provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or

(ii)
(I)

provides a program leading to a baccalaureate degree in liberal arts, and has provided such a program since January 1, 2009; and

(II)

is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since October 1, 2007, or earlier;

; and

(ii)

by striking paragraph (2) and inserting the following:

(2)

Additional institutions

The term proprietary institution of higher education also includes a proprietary educational institution in any State that, in lieu of the requirement in section 101(a)(1), admits as regular students individuals—

(A)

who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B)

who will be dually or concurrently enrolled in the institution and a secondary school.

; and

(B)

by striking paragraph (2) of subsection (c) and inserting the following:

(2)

Additional institutions

The term postsecondary vocational institution also includes an educational institution in any State that, in lieu of the requirement in section 101(a)(1), admits as regular students individuals—

(A)

who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B)

who will be dually or concurrently enrolled in the institution and a secondary school.

.

(2)

Rule of construction

Nothing in the amendment made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be construed to negate or supercede any State laws governing proprietary institutions of higher education.

(e)

Effective date

The amendments made by subsections (a)(1), (b), and (d) shall take effect on July 1, 2010.

103.

Additional definitions

(a)

Additional definitions

(1)

Amendment

Section 103 (20 U.S.C. 1003) is amended by adding at the end the following:

(17)

Authorizing committees

The term authorizing committees means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.

(18)

Critical foreign language

Except as otherwise provided, the term critical foreign language means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.

(19)

Distance education

(A)

In general

Except as otherwise provided, the term distance education means education that uses one or more of the technologies described in subparagraph (B)—

(i)

to deliver instruction to students who are separated from the instructor; and

(ii)

to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.

(B)

Inclusions

For the purposes of subparagraph (A), the technologies used may include—

(i)

the Internet;

(ii)

one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;

(iii)

audio conferencing; or

(iv)

video cassettes, DVDs, and CD–ROMs, if the cassettes, DVDs, or CD–ROMs are used in a course in conjunction with any of the technologies listed in clauses (i) through (iii).

(20)

Diploma mill

The term diploma mill means an entity that—

(A)
(i)

offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; and

(ii)

requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and

(B)

lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term is defined in section 102) by—

(i)

the Secretary pursuant to subpart 2 of part H of title IV; or

(ii)

a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associations.

(21)

Early childhood education program

The term early childhood education program means—

(A)

a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;

(B)

a State licensed or regulated child care program; or

(C)

a program that—

(i)

serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and

(ii)

is—

(I)

a State prekindergarten program;

(II)

a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or

(III)

a program operated by a local educational agency.

(22)

Poverty line

The term poverty line means the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved.

(23)

Universal design

The term universal design has the meaning given the term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).

(24)

Universal design for learning

The term universal design for learning means a scientifically valid framework for guiding educational practice that—

(A)

provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and

(B)

reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.

.

(2)

Redesignation and reordering of definitions

Section 103 (as amended by paragraph (1)) (20 U.S.C. 1003) is further amended by reordering paragraphs (1) through (16) and the paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

(b)

Conforming amendments

The Act (20 U.S.C. 1001 et seq.) is amended—

(1)

in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees;

(2)

in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees;

(3)

in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by striking to the Committee on Appropriations and all that follows through House of Representatives and inserting to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees;

(4)

in section 428 (20 U.S.C. 1078)—

(A)

in subsection (c)(9)(K), by striking House Committee on Education and the Workforce and the Senate Committee on Labor and Human Resources and inserting authorizing committees;

(B)

in the matter following paragraph (2) of subsection (g), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees;

(C)

in subsection (j)(9)(A) (as added by section 5(a) of the Ensuring Continued Access to Student Loans Act of 2008), by striking Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives each place the term appears and inserting authorizing committees; and

(D)

in subsection (n)(4), by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees;

(5)

in section 428A(c) (20 U.S.C. 1078–1(c))—

(A)

in the matter preceding subparagraph (A) of paragraph (2), by striking Chairperson and all that follows through House of Representatives and inserting members of the authorizing committees;

(B)

in paragraph (3), by striking Chairperson and all that follows through House of Representatives and inserting members of the authorizing committees; and

(C)

in paragraph (5), by striking Chairperson and all that follows through House of Representatives and inserting members of the authorizing committees;

(6)

in section 432 (20 U.S.C. 1082)—

(A)

in subsection (f)(1)(C), by striking the Committee on Education and the Workforce of the House of Representatives or the Committee on Labor and Human Resources of the Senate and inserting either of the authorizing committees; and

(B)

in the matter following subparagraph (D) of subsection (n)(3), by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees;

(7)

in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees;

(8)

in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees;

(9)

in section 482(d) (20 U.S.C. 1089(d)), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives and inserting authorizing committees;

(10)

in section 483(c) (20 U.S.C. 1090(c)), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees;

(11)

in section 485(f)(5)(A) (20 U.S.C. 1092(f)(5)(A)), by striking Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting authorizing committees;

(12)

in section 486(e) (20 U.S.C. 1093(e)), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees; and

(13)

in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting authorizing committees.

104.

Protection of student speech and association rights

Section 112 (20 U.S.C. 1011a) is amended—

(1)

in subsection (a)—

(A)

by inserting (1) before It is the sense; and

(B)

by adding at the end the following:

(2)

It is the sense of Congress that—

(A)

the diversity of institutions and educational missions is one of the key strengths of American higher education;

(B)

individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;

(C)

an institution of higher education should facilitate the free and open exchange of ideas;

(D)

students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;

(E)

students should be treated equally and fairly; and

(F)

nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.

; and

(2)

in subsection (b)(1), by inserting , provided that the imposition of such sanction is done objectively and fairly after higher education.

105.

Treatment of territories and territorial student assistance

Section 113 (20 U.S.C. 1011b) is amended—

(1)

by striking treatment of territories and territorial student assistance in the heading of such section and inserting territorial waiver authority;

(2)

by striking (a) Waiver Authority.—; and

(3)

by striking subsection (b).

106.

National Advisory Committee on Institutional Quality and Integrity

(a)

Amendment

Section 114 (20 U.S.C. 1011c) is amended to read as follows:

114.

National Advisory Committee on Institutional Quality and Integrity

(a)

Establishment

There is established in the Department a National Advisory Committee on Institutional Quality and Integrity (in this section referred to as the Committee) to assess the process of accreditation and the institutional eligibility and certification of institutions of higher education (as defined in section 102) under title IV.

(b)

Membership

(1)

In general

The Committee shall have 18 members, of which—

(A)

six members shall be appointed by the Secretary;

(B)

six members shall be appointed by the Speaker of the House of Representatives, three of whom shall be appointed on the recommendation of the majority leader of the House of Representatives, and three of whom shall be appointed on the recommendation of the minority leader of the House of Representatives; and

(C)

six members shall be appointed by the President pro tempore of the Senate, three of whom shall be appointed on the recommendation of the majority leader of the Senate, and three of whom shall be appointed on the recommendation of the minority leader of the Senate.

(2)

Qualifications

Individuals shall be appointed as members of the Committee—

(A)

on the basis of the individuals' experience, integrity, impartiality, and good judgment;

(B)

from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, representing all sectors and types of institutions of higher education (as defined in section 102); and

(C)

on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration in higher education.

(3)

Terms of members

Except as provided in paragraph (5), the term of office of each member of the Committee shall be for six years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.

(4)

Vacancy

A vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurs. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy.

(5)

Initial terms

The terms of office for the initial members of the Committee shall be—

(A)

three years for members appointed under paragraph (1)(A);

(B)

four years for members appointed under paragraph (1)(B); and

(C)

six years for members appointed under paragraph (1)(C).

(6)

Chairperson

The members of the Committee shall select a chairperson from among the members.

(c)

Functions

The Committee shall—

(1)

advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of title IV;

(2)

advise the Secretary with respect to the recognition of a specific accrediting agency or association;

(3)

advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;

(4)

advise the Secretary with respect to the eligibility and certification process for institutions of higher education under title IV, together with recommendations for improvements in such process;

(5)

advise the Secretary with respect to the relationship between—

(A)

accreditation of institutions of higher education and the certification and eligibility of such institutions; and

(B)

State licensing responsibilities with respect to such institutions; and

(6)

carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe by regulation.

(d)

Meeting procedures

(1)

Schedule

(A)

Biannual meetings

The Committee shall meet not less often than twice each year, at the call of the Chairperson.

(B)

Publication of Date

The Committee shall submit the date and location of each meeting in advance to the Secretary, and the Secretary shall publish such information in the Federal Register not later than 30 days before the meeting.

(2)

Agenda

(A)

Establishment

The agenda for a meeting of the Committee shall be established by the Chairperson and shall be submitted to the members of the Committee upon notification of the meeting.

(B)

Opportunity for public comment

The agenda shall include, at a minimum, opportunity for public comment during the Committee’s deliberations.

(3)

Secretary's designee

The Secretary shall designate an employee of the Department to serve as the Secretary's designee to the Committee, and the Chairperson shall invite the Secretary's designee to attend all meetings of the Committee.

(4)

Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply.

(e)

Report and notice

(1)

Notice

The Secretary shall annually publish in the Federal Register—

(A)

a list containing, for each member of the Committee—

(i)

the member’s name;

(ii)

the date of the expiration of the member’s term of office; and

(iii)

the name of the individual described in subsection (b)(1) who appointed the member; and

(B)

a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.

(2)

Report

Not later than the last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—

(A)

a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the fiscal year preceding the fiscal year in which the report is made;

(B)

a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made;

(C)

a list of the members of the Committee; and

(D)

a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.

(f)

Termination

The Committee shall terminate on September 30, 2014.

.

(b)

Transition

Notwithstanding section 114 of the Higher Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during, and after the date of enactment of this Act)—

(1)

the term of each member appointed to the National Advisory Committee on Institutional Quality and Integrity before the date of enactment of this Act shall expire on the date of enactment of this Act;

(2)

no new members shall be appointed to the National Advisory Committee on Institutional Quality and Integrity during the period beginning on the date of enactment of this Act and ending on January 31, 2009; and

(3)

no meeting of the National Advisory Committee on Institutional Quality and Integrity shall be convened during such period.

(c)

Effective Date

The amendment made by subsection (a) shall take effect on January 1, 2009.

107.

Drug and alcohol abuse prevention

Section 120 (20 U.S.C. 1011i) is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (A), by striking and after the semicolon;

(B)

by redesignating subparagraph (B) as subparagraph (D); and

(C)

by inserting after subparagraph (A) the following:

(B)

determine the number of drug and alcohol-related violations and fatalities that—

(i)

occur on the institution's campus (as defined in section 485(f)(6)), or as part of any of the institution's activities; and

(ii)

are reported to campus officials;

(C)

determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and fatalities on the institution's campus or as part of any of the institution's activities; and

;

(2)

in subsection (e)(5), by striking $5,000,000 and all that follows through the period at the end and inserting such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.; and

(3)

by striking subsection (f).

108.

Prior rights and obligations

Section 121(a) (20 U.S.C. 1011j(a)) is amended—

(1)

in paragraph (1), by striking 1999 and for each of the 4 succeeding fiscal years and inserting 2009 and for each succeeding fiscal year; and

(2)

in paragraph (2), by striking 1999 and for each of the 4 succeeding fiscal years and inserting 2009 and for each succeeding fiscal year.

109.

Diploma mills

Part B of title I (20 U.S.C. 1011 et seq.) is further amended by adding at the end the following:

123.

Diploma mills

(a)

Information to the public

The Secretary shall maintain information and resources on the Department's website to assist students, families, and employers in understanding what a diploma mill is and how to identify and avoid diploma mills.

(b)

Collaboration

The Secretary shall continue to collaborate with the United States Postal Service, the Federal Trade Commission, the Department of Justice (including the Federal Bureau of Investigation), the Internal Revenue Service, and the Office of Personnel Management to maximize Federal efforts to—

(1)

prevent, identify, and prosecute diploma mills; and

(2)

broadly disseminate to the public information about diploma mills, and resources to identify diploma mills.

.

110.

Improved information concerning the Federal student financial aid website

(a)

Promotion of Federal student financial aid website

Section 131 (20 U.S.C. 1015) is amended by striking subsection (d) and inserting the following:

(d)

Promotion of the Department of Education Federal student financial aid website

The Secretary shall display a link to the Federal student financial aid website of the Department in a prominent place on the homepage of the Department's website.

(e)

Enhanced student financial aid information

(1)

Implementation

The Secretary shall continue to improve the usefulness and accessibility of the information provided by the Department on college planning and student financial aid.

(2)

Dissemination

The Secretary shall continue to make the availability of the information on the Federal student financial aid website of the Department widely known, through a major media campaign and other forms of communication.

(3)

Coordination

As a part of the efforts required under this subsection, the Secretary shall create one website accessible from the Department's website that fulfills the requirements under subsections (b), (f), and (g).

.

(b)

Improved information concerning financial aid for military members and veterans

Section 131 (as amended by subsection (a)) (20 U.S.C. 1015) is further amended by adding at the end the following:

(f)

Improved Availability and Coordination of Information Concerning Student Financial Aid Programs for Military Members and Veterans

(1)

Coordination

The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a searchable website that—

(A)

contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 484C, and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and

(B)

is easily accessible through the website described in subsection (e)(3).

(2)

Implementation

Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall make publicly available the Armed Forces information website described in paragraph (1).

(3)

Dissemination

The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Armed Forces information website described in paragraph (1) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public.

(4)

Definition

In this subsection, the term Federal and State student financial assistance means any grant, loan, work assistance, tuition assistance, scholarship, fellowship, or other form of financial aid for pursuing a postsecondary education that is—

(A)

administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and

(B)

available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans.

(g)

Promotion of availability of information concerning other student financial aid programs

(1)

Definition

For purposes of this subsection, the term nondepartmental student financial assistance program means any grant, loan, scholarship, fellowship, or other form of financial aid for students pursuing a postsecondary education that is—

(A)

distributed directly to the student or to the student’s account at an institution of higher education; and

(B)

operated, sponsored, or supported by a Federal department or agency other than the Department of Education.

(2)

Availability of other student financial aid information

The Secretary shall ensure that—

(A)

not later than 90 days after the Secretary receives the information required under paragraph (3), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental student financial assistance program are searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students' families; and

(B)

the website displaying the information described in subparagraph (A) includes a link to the National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics pursuant to paragraph (4), and the information on military benefits under subsection (f), once such Database and information are available.

(3)

Nondepartmental student financial assistance programs

The Secretary shall request all Federal departments and agencies to provide the information described in paragraph (2)(A), and each Federal department or agency shall—

(A)

promptly respond to surveys or other requests from the Secretary for the information described in such paragraph; and

(B)

identify for the Secretary any nondepartmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.

(4)

National STEM Database

(A)

In general

The Secretary shall establish and maintain, on the website described in subsection (e)(3), a National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics (in this paragraph referred to as the STEM Database). The STEM Database shall consist of information on scholarships, fellowships, and other programs of Federal, State, local, and, to the maximum extent practicable, private financial assistance available for the study of science, technology, engineering, or mathematics at the postsecondary and postbaccalaureate levels.

(B)

Database contents

The information maintained on the STEM Database shall be displayed on the website in the following manner:

(i)

Separate information

The STEM Database shall provide separate information for each of the fields of science, technology, engineering, and mathematics, and for postsecondary and postbaccalaureate programs of financial assistance.

(ii)

Information on targeted assistance

The STEM Database shall provide specific information on any program of financial assistance that is targeted to individuals based on financial need, merit, or student characteristics.

(iii)

Contact and website information

The STEM Database shall provide—

(I)

standard contact information that an interested person may use to contact a sponsor of any program of financial assistance included in the STEM Database; and

(II)

if such sponsor maintains a public website, a link to the website.

(iv)

Search and match capabilities

The STEM Database shall—

(I)

have a search capability that permits an individual to search for information on the basis of each category of the information provided through the STEM Database and on the basis of combinations of categories of the information provided, including—

(aa)

whether the financial assistance is need- or merit-based; and

(bb)

by relevant academic majors; and

(II)

have a match capability that—

(aa)

searches the STEM Database for all financial assistance opportunities for which an individual may be qualified to apply, based on the student characteristics provided by such individual; and

(bb)

provides information to an individual for only those opportunities for which such individual is qualified, based on the student characteristics provided by such individual.

(v)

Recommendation and disclaimer

The STEM Database shall provide, to the users of the STEM Database—

(I)

a recommendation that students and families should carefully review all of the application requirements prior to applying for any aid or program of student financial assistance; and

(II)

a disclaimer that the non-Federal programs of student financial assistance presented in the STEM Database are not provided or endorsed by the Department or the Federal Government.

(C)

Compilation of financial assistance information

In carrying out this paragraph, the Secretary shall—

(i)

consult with public and private sources of scholarships, fellowships, and other programs of student financial assistance; and

(ii)

make easily available a process for such entities to provide regular and updated information about the scholarships, fellowships, or other programs of student financial assistance.

(D)

Contract authorized

In carrying out the requirements of this paragraph, the Secretary is authorized to enter into a contract with a private entity with demonstrated expertise in creating and maintaining databases such as the one required under this paragraph, under which contract the entity shall furnish, and regularly update, all of the information required to be maintained on the STEM Database.

(5)

Dissemination of information

The Secretary shall take such actions, on an ongoing basis, as may be necessary to disseminate information under this subsection and to encourage the use of the information by interested parties, including sending notices to secondary schools and institutions of higher education.

.

(c)

No user fees for Department financial aid websites

Section 131 (as amended by subsection (b)) (20 U.S.C. 1015) is further amended by adding at the end the following:

(h)

No user fees for Department financial aid websites

No fee shall be charged to any individual to access—

(1)

a database or website of the Department that provides information about higher education programs or student financial assistance, including the College Navigator website (or successor website) and the websites and databases described in this section and section 132; or

(2)

information about higher education programs or student financial assistance available through a database or website of the Department.

.

111.

Transparency in college tuition for consumers

Part C of title I (20 U.S.C. 1015) is amended by adding at the end the following:

132.

Transparency in college tuition for consumers

(a)

Definitions

In this section:

(1)

College navigator website

The term College Navigator website means the College Navigator website operated by the Department and includes any successor website.

(2)

Cost of attendance

The term cost of attendance means the average annual cost of tuition and fees, room and board, books, supplies, and transportation for an institution of higher education for a first-time, full-time undergraduate student enrolled in the institution.

(3)

Net price

The term net price means the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at an institution of higher education after deducting such aid, which shall be determined by calculating the difference between—

(A)

the institution's cost of attendance for the year for which the determination is made; and

(B)

the quotient of—

(i)

the total amount of need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, provided to such students enrolled in the institution for such year; and

(ii)

the total number of such students receiving such need-based grant aid or merit-based grant aid for such year.

(4)

Tuition and fees

The term tuition and fees means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution.

(b)

Calculations for public institutions

In making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that—

(1)

the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State in which such institution is located; and

(2)

in determining the net price, the average need-based grant aid and merit-based grant aid described in subsection (a)(3)(B) shall be calculated based on the average total amount of such aid received by first-time, full-time undergraduate students who are residents of the State in which such institution is located, divided by the total number of such resident students receiving such need-based grant aid or merit-based grant aid at such institution.

(c)

College affordability and transparency lists

(1)

Availability of lists

Beginning July 1, 2011, the Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by State, the following:

(A)

A list of the five percent of institutions in each category described in subsection (d) that have the highest tuition and fees for the most recent academic year for which data are available.

(B)

A list of the five percent of institutions in each such category that have the highest net price for the most recent academic year for which data are available.

(C)

A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in tuition and fees over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.

(D)

A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in net price over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.

(E)

A list of the ten percent of institutions in each such category that have the lowest tuition and fees for the most recent academic year for which data are available.

(F)

A list of the ten percent of institutions in each such category that have the lowest net price for the most recent academic year for which data are available.

(2)

Annual updates

The Secretary shall annually update the lists described in paragraph (1) on the College Navigator website.

(d)

Categories of institutions

The lists described in subsection (c)(1) shall be compiled according to the following categories of institutions that participate in programs under title IV:

(1)

Four-year public institutions of higher education.

(2)

Four-year private, nonprofit institutions of higher education.

(3)

Four-year private, for-profit institutions of higher education.

(4)

Two-year public institutions of higher education.

(5)

Two-year private, nonprofit institutions of higher education.

(6)

Two-year private, for-profit institutions of higher education.

(7)

Less than two-year public institutions of higher education.

(8)

Less than two-year private, nonprofit institutions of higher education.

(9)

Less than two-year private, for-profit institutions of higher education.

(e)

Reports by institutions

(1)

Report to secretary

If an institution of higher education is included on a list described in subparagraph (C) or (D) of subsection (c)(1), the institution shall submit to the Secretary a report containing the following information:

(A)

A description of the major areas in the institution’s budget with the greatest cost increases.

(B)

An explanation of the cost increases described in subparagraph (A).

(C)

A description of the steps the institution will take toward the goal of reducing costs in the areas described in subparagraph (A).

(D)

In the case of an institution that is included on the same list under subparagraph (C) or (D) of subsection (c)(1) for two or more consecutive years, a description of the progress made on the steps described in subparagraph (C) of this paragraph that were included in the institution's report for the previous year.

(E)

If the determination of any cost increase described in subparagraph (A) is not within the exclusive control of the institution—

(i)

an explanation of the extent to which the institution participates in determining such cost increase;

(ii)

the identification of the agency or instrumentality of State government responsible for determining such cost increase; and

(iii)

any other information the institution considers relevant to the report.

(2)

Information to the public

The Secretary shall—

(A)

issue an annual report that summarizes all of the reports by institutions required under paragraph (1) to the authorizing committees; and

(B)

publish such report on the College Navigator website.

(f)

Exemptions

(1)

In general

An institution shall not be placed on a list described in subparagraph (C) or (D) of subsection (c)(1), and shall not be subject to the reporting required under subsection (e), if the dollar amount of the institution's increase in tuition and fees, or net price, as applicable, is less than $600 for the three-year period described in such subparagraph.

(2)

Update

Beginning in 2014, and every three years thereafter, the Secretary shall update the dollar amount described in paragraph (1) based on annual increases in inflation, using the Consumer Price Index for each of the three most recent preceding years.

(g)

State higher education spending chart

The Secretary shall annually report on the College Navigator website, in charts for each State, comparisons of—

(1)

the percentage change in spending by such State per full-time equivalent student at all public institutions of higher education in such State, for each of the five most recent preceding academic years;

(2)

the percentage change in tuition and fees for such students for all public institutions of higher education in such State for each of the five most recent preceding academic years; and

(3)

the percentage change in the total amount of need-based aid and merit-based aid provided by such State to full-time students enrolled in the public institutions of higher education in the State for each of the five most recent preceding academic years.

(h)

Net price calculator

(1)

Development of net price calculator

Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education and other appropriate experts, develop a net price calculator to help current and prospective students, families, and other consumers estimate the individual net price of an institution of higher education for a student. The calculator shall be developed in a manner that enables current and prospective students, families, and consumers to determine an estimate of a current or prospective student’s individual net price at a particular institution.

(2)

Calculation of individual net price

For purposes of this subsection, an individual net price of an institution of higher education shall be calculated in the same manner as the net price of such institution is calculated under subsection (a)(3), except that the cost of attendance and the amount of need-based and merit-based aid available shall be calculated for the individual student as much as practicable.

(3)

Use of net price calculator by institutions

Not later than two years after the date on which the Secretary makes the calculator developed under paragraph (1) available to institutions of higher education, each institution of higher education that receives Federal funds under title IV shall make publicly available on the institution's website a net price calculator to help current and prospective students, families, and other consumers estimate a student's individual net price at such institution of higher education. Such calculator may be a net price calculator developed—

(A)

by the Department pursuant to paragraph (1); or

(B)

by the institution of higher education, if the institution’s calculator includes, at a minimum, the same data elements included in the calculator developed under paragraph (1).

(4)

Disclaimer

Estimates of an individual net price determined using a net price calculator required under paragraph (3) shall be accompanied by a clear and conspicuous notice—

(A)

stating that the estimate—

(i)

does not represent a final determination, or actual award, of financial assistance;

(ii)

shall not be binding on the Secretary, the institution of higher education, or the State; and

(iii)

may change;

(B)

stating that the student must complete the Free Application for Federal Student Aid described in section 483 in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under title IV; and

(C)

including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 483.

(i)

Consumer information

(1)

Availability of title IV institution information

Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall make publicly available on the College Navigator website, in simple and understandable terms, the following information about each institution of higher education that participates in programs under title IV, for the most recent academic year for which satisfactory data are available:

(A)

A statement of the institution's mission.

(B)

The total number of undergraduate students who applied to, were admitted by, and enrolled in the institution.

(C)

For institutions that require SAT or ACT scores to be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT, as applicable, for the middle 50 percent range of the institution's freshman class.

(D)

The number of first-time, full-time, and part-time students enrolled at the institution, at the undergraduate and (if applicable) graduate levels.

(E)

The number of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution.

(F)

The percentages of male and female undergraduate students enrolled at the institution.

(G)

Of the first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution—

(i)

the percentage of such students who are from the State in which the institution is located;

(ii)

the percentage of such students who are from other States; and

(iii)

the percentage of such students who are international students.

(H)

The percentages of first-time, full-time, degree- or certificate-seeking students enrolled at the institution, disaggregated by race and ethnic background.

(I)

The percentage of undergraduate students enrolled at the institution who are formally registered with the office of disability services of the institution (or the equivalent office) as students with disabilities, except that if such percentage is three percent or less, the institution shall report three percent or less.

(J)

The percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within—

(i)

the normal time for completion of, or graduation from, the student's program;

(ii)

150 percent of the normal time for completion of, or graduation from, the student's program; and

(iii)

200 percent of the normal time for completion of, or graduation from, the student's program;

(K)

The number of certificates, associate degrees, baccalaureate degrees, master’s degrees, professional degrees, and doctoral degrees awarded by the institution.

(L)

The undergraduate major areas of study at the institution with the highest number of degrees awarded.

(M)

The student-faculty ratio, the number of full-time and part-time faculty, and the number of graduate assistants with primarily instructional responsibilities, at the institution.

(N)
(i)

The cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live on campus;

(ii)

the cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live off campus; and

(iii)

in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii), for—

(I)

first-time, full-time students enrolled in the institution who are residents of the State in which the institution is located; and

(II)

first-time, full-time students enrolled in the institution who are not residents of such State.

(O)

The average annual grant amount (including Federal, State, and institutional aid) awarded to a first-time, full-time undergraduate student enrolled at the institution who receives financial aid.

(P)

The average annual amount of Federal student loans provided through the institution to undergraduate students enrolled at the institution.

(Q)

The total annual grant aid awarded to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources known by the institution.

(R)

The percentage of first-time, full-time undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance known by the institution, provided publicly or through the institution, such as Federal work-study funds.

(S)

The number of students enrolled at the institution receiving Federal Pell Grants.

(T)

The institution's cohort default rate, as defined under section 435(m).

(U)

The information on campus safety required to be collected under section 485(i).

(V)

A link to the institution's website that provides, in an easily accessible manner, the following information:

(i)

Student activities offered by the institution.

(ii)

Services offered by the institution for individuals with disabilities.

(iii)

Career and placement services offered by the institution to students during and after enrollment.

(iv)

Policies of the institution related to transfer of credit from other institutions.

(W)

A link to the appropriate section of the Bureau of Labor Statistics website that provides information on regional data on starting salaries in all major occupations.

(X)

Information required to be submitted under paragraph (4) and a link to the institution pricing summary page described in paragraph (5).

(Y)

In the case of an institution that was required to submit a report under subsection (e)(1), a link to such report.

(Z)

The availability of alternative tuition plans, which may include guaranteed tuition plans.

(2)

Annual updates

The Secretary shall annually update the information described in paragraph (1) on the College Navigator website.

(3)

Consultation

The Secretary shall regularly consult with current and prospective college students, family members of such students, institutions of higher education, and other experts to improve the usefulness and relevance of the College Navigator website, with respect to the presentation of the consumer information collected in paragraph (1).

(4)

Data collection

The Commissioner for Education Statistics shall continue to update and improve the Integrated Postsecondary Education Data System (referred to in this section as IPEDS), including the reporting of information by institutions and the timeliness of the data collected.

(5)

Institution pricing summary page

(A)

Availability of list of participating institutions

The Secretary shall make publicly available on the College Navigator website in a sortable and searchable format a list of all institutions of higher education that participate in programs under title IV, which list shall, for each institution, include the following:

(i)

The tuition and fees for each of the three most recent academic years for which data are available.

(ii)

The net price for each of the three most recent available academic years for which data are available.

(iii)
(I)

During the period beginning July 1, 2010, and ending June 30, 2013, the net price for students receiving Federal student financial aid under title IV, disaggregated by the income categories described in paragraph (6), for the most recent academic year for which data are available.

(II)

Beginning July 1, 2013, the net price for students receiving Federal student financial aid under title IV, disaggregated by the income categories described in paragraph (6), for each of the three most recent academic years for which data are available.

(iv)

The average annual percentage change and average annual dollar change in such institution's tuition and fees for each of the three most recent academic years for which data are available.

(v)

The average annual percentage change and average annual dollar change in such institution's net price for each of the three most recent preceding academic years for which data are available.

(vi)

A link to the webpage on the College Navigator website that provides the information described in paragraph (1) for the institution.

(B)

Annual updates

The Secretary shall annually update the lists described in subparagraph (A) on the College Navigator website.

(6)

Income categories

(A)

In general

For purposes of reporting the information required under this subsection, the following income categories shall apply for students who receive Federal student financial aid under title IV:

(i)

$0–30,000.

(ii)

$30,001–48,000.

(iii)

$48,001–75,000.

(iv)

$75,001–110,000.

(v)

$110,001 and more.

(B)

Adjustment

The Secretary may adjust the income categories listed in subparagraph (A) using the Consumer Price Index if the Secretary determines such adjustment is necessary.

(j)

Multi-year tuition calculator

(1)

Development of multi-year tuition calculator

Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education, financial planners, and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of such students, and other consumers estimate the amount of tuition an individual may pay to attend an institution of higher education in future years.

(2)

Calculation of multi-year tuition

The multi-year tuition calculator described in paragraph (1) shall—

(A)

allow an individual to select an institution of higher education for which the calculation shall be made;

(B)

calculate an estimate of tuition and fees for each year of the normal duration of the program of study at such institution by—

(i)

using the tuition and fees for such institution, as reported under subsection (i)(5)(A)(i), for the most recent academic year for which such data are reported; and

(ii)

determining an estimated annual percentage change for each year for which the calculation is made, based on the annual percentage change in such institution's tuition and fees, as reported under subsection (i)(5)(A)(iv), for the most recent three-year period for which such data are reported;

(C)

calculate an estimate of the total amount of tuition and fees to complete a program of study at such institution, based on the normal duration of such program, using the estimate calculated under subparagraph (B) for each year of the program of study;

(D)

provide the individual with the option to replace the estimated annual percentage change described in subparagraph (B)(ii) with an alternative annual percentage change specified by the individual, and calculate an estimate of tuition and fees for each year and an estimate of the total amount of tuition and fees using the alternative percentage change;

(E)

in the case of an institution that offers a multi-year tuition guarantee program, allow the individual to have the estimates of tuition and fees described in subparagraphs (B) and (C) calculated based on the provisions of such guarantee program for the tuition and fees charged to a student, or cohort of students, enrolled for the duration of the program of study; and

(F)

include any other features or information determined to be appropriate by the Secretary.

(3)

Availability and comparison

The multi-year tuition calculator described in paragraph (1) shall be available on the College Navigator website and shall allow current and prospective students, families of such students, and consumers to compare information and estimates under this subsection for multiple institutions of higher education.

(4)

Disclaimer

Each calculation of estimated tuition and fees made using the multi-year tuition calculator described in paragraph (1) shall be accompanied by a clear and conspicuous notice—

(A)

stating that the calculation—

(i)

is only an estimate and not a guarantee of the actual amount the student may be charged;

(ii)

is not binding on the Secretary, the institution of higher education, or the State; and

(iii)

may change, subject to the availability of financial assistance, State appropriations, and other factors;

(B)

stating that the student must complete the Free Application for Federal Student Aid described in section 483 in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under title IV; and

(C)

including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 483.

(k)

Student aid recipient survey

(1)

Survey required

The Secretary, acting through the Commissioner for Education Statistics, shall conduct, on a State-by-State basis, a survey of recipients of Federal student financial aid under title IV—

(A)

to identify the population of students receiving such Federal student financial aid;

(B)

to describe the income distribution and other socioeconomic characteristics of recipients of such Federal student financial aid;

(C)

to describe the combinations of aid from Federal, State, and private sources received by such recipients from all income categories;

(D)

to describe the—

(i)

debt burden of such loan recipients, and their capacity to repay their education debts; and

(ii)

the impact of such debt burden on the recipients' course of study and post-graduation plans;

(E)

to describe the impact of the cost of attendance of postsecondary education in the determination by students of what institution of higher education to attend; and

(F)

to describe how the costs of textbooks and other instructional materials affect the costs of postsecondary education for students.

(2)

Frequency

The survey shall be conducted on a regular cycle and not less often than once every four years.

(3)

Survey design

The survey shall be representative of students from all types of institutions, including full-time and part-time students, undergraduate, graduate, and professional students, and current and former students.

(4)

Dissemination

The Commissioner for Education Statistics shall disseminate to the public, in printed and electronic form, the information resulting from the survey.

(l)

Regulations

The Secretary is authorized to issue such regulations as may be necessary to carry out this section.

.

112.

Textbook information

(a)

Amendment

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 132 (as added by section 111 of this Act) the following new section:

133.

Textbook information

(a)

Purpose and intent

The purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students.

(b)

Definitions

In this section:

(1)

Bundle

The term bundle means one or more college textbooks or other supplemental materials that may be packaged together to be sold as course materials for one price.

(2)

College textbook

The term college textbook means a textbook or a set of textbooks, used for, or in conjunction with, a course in postsecondary education at an institution of higher education.

(3)

Course schedule

The term course schedule means a listing of the courses or classes offered by an institution of higher education for an academic period, as defined by the institution.

(4)

Custom textbook

The term custom textbook

(A)

means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education; and

(B)

may include, alone or in combination, items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, and elements unique to a specific institution, such as commemorative editions.

(5)

Institution of higher education

The term institution of higher education has the meaning given the term in section 102.

(6)

Integrated textbook

The term integrated textbook means a college textbook that is—

(A)

combined with materials developed by a third party and that, by third-party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or

(B)

combined with other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose.

(7)

Publisher

The term publisher means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce.

(8)

Substantial content

The term substantial content means parts of a college textbook such as new chapters, new material covering additional eras of time, new themes, or new subject matter.

(9)

Supplemental material

The term supplemental material means educational material developed to accompany a college textbook that—

(A)

may include printed materials, computer disks, website access, and electronically distributed materials; and

(B)

is not being used as a component of an integrated textbook.

(c)

Publisher requirements

(1)

College textbook pricing information

When a publisher provides a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education receiving Federal financial assistance with information regarding a college textbook or supplemental material, the publisher shall include, with any such information and in writing (which may include electronic communications), the following:

(A)

The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes the college textbook or supplemental material available to the public.

(B)

The copyright dates of the three previous editions of such college textbook, if any.

(C)

A description of the substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition, if any.

(D)
(i)

Whether the college textbook or supplemental material is available in any other format, including paperback and unbound; and

(ii)

for each other format of the college textbook or supplemental material, the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes such other format of the college textbook or supplemental material available to the public.

(2)

Unbundling of college textbooks from supplemental materials

A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundle shall also make available the college textbook and each supplemental material as separate and unbundled items, each separately priced.

(3)

Custom textbooks

To the maximum extent practicable, a publisher shall provide the information required under this subsection with respect to the development and provision of custom textbooks.

(d)

Provision of ISBN college textbook information in course schedules

To the maximum extent practicable, each institution of higher education receiving Federal financial assistance shall—

(1)

disclose, on the institution's Internet course schedule and in a manner of the institution's choosing, the International Standard Book Number and retail price information of required and recommended college textbooks and supplemental materials for each course listed in the institution's course schedule used for preregistration and registration purposes, except that—

(A)

if the International Standard Book Number is not available for such college textbook or supplemental material, then the institution shall include in the Internet course schedule the author, title, publisher, and copyright date for such college textbook or supplemental material; and

(B)

if the institution determines that the disclosure of the information described in this subsection is not practicable for a college textbook or supplemental material, then the institution shall so indicate by placing the designation To Be Determined in lieu of the information required under this subsection; and

(2)

if applicable, include on the institution's written course schedule a notice that textbook information is available on the institution's Internet course schedule, and the Internet address for such schedule.

(e)

Availability of information for college bookstores

An institution of higher education receiving Federal financial assistance shall make available to a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon the request of such college bookstore, the most accurate information available regarding—

(1)

the institution’s course schedule for the subsequent academic period; and

(2)

for each course or class offered by the institution for the subsequent academic period—

(A)

the information required by subsection (d)(1) for each college textbook or supplemental material required or recommended for such course or class;

(B)

the number of students enrolled in such course or class; and

(C)

the maximum student enrollment for such course or class.

(f)

Additional information

An institution disclosing the information required by subsection (d)(1) is encouraged to disseminate to students information regarding—

(1)

available institutional programs for renting textbooks or for purchasing used textbooks;

(2)

available institutional guaranteed textbook buy-back programs;

(3)

available institutional alternative content delivery programs; or

(4)

other available institutional cost-saving strategies.

(g)

GAO report

Not later than July 1, 2013, the Comptroller General of the United States shall report to the authorizing committees on the implementation of this section by institutions of higher education, college bookstores, and publishers. The report shall particularly examine—

(1)

the availability of college textbook information on course schedules;

(2)

the provision of pricing information to faculty of institutions of higher education by publishers;

(3)

the use of bundled and unbundled material in the college textbook marketplace, including the adoption of unbundled materials by faculty and the use of integrated textbooks by publishers; and

(4)

the implementation of this section by institutions of higher education, including the costs and benefits to such institutions and to students.

(h)

Rule of construction

Nothing in this section shall be construed to supercede the institutional autonomy or academic freedom of instructors involved in the selection of college textbooks, supplemental materials, and other classroom materials.

(i)

No regulatory authority

The Secretary shall not promulgate regulations with respect to this section.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on July 1, 2010.

113.

Database of student information prohibited

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 133 (as added by section 112 of this Act) the following:

134.

Database of student information prohibited

(a)

Prohibition

Except as described in subsection (b), nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this Act, attending institutions receiving assistance under this Act, or otherwise involved in any studies or other collections of data under this Act, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.

(b)

Exception

The provisions of subsection (a) shall not apply to a system (or a successor system) that—

(1)

is necessary for the operation of programs authorized by title II, IV, or VII; and

(2)

was in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the Higher Education Opportunity Act.

(c)

State databases

Nothing in this Act shall prohibit a State or a consortium of States from developing, implementing, or maintaining State-developed databases that track individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employment outcomes.

.

114.

In-State tuition rates for Armed Forces members, spouses, and dependent children

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 134 (as added by section 113 of this Act) the following:

135.

In-State tuition rates for members of the Armed Forces on active duty, spouses, and dependent children

(a)

Requirement

In the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this Act, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.

(b)

Continuation

If a member of the armed forces (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.

(c)

Effective Date

This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

(d)

Definitions

In this section, the terms armed forces and active duty for a period of more than 30 days have the meanings given those terms in section 101 of title 10, United States Code.

.

115.

State higher education information system pilot program

Part C of title I of the Higher Education Act of 1965 (20 U.S.C. 1015) is further amended by adding after section 135 (as added by section 114 of this Act) the following:

136.

State higher education information system pilot program

(a)

Purpose

It is the purpose of this section to carry out a pilot program to assist not more than five States to develop State-level postsecondary student data systems to—

(1)

improve the capacity of States and institutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effectiveness of institutional performance while protecting the confidentiality of students’ personally identifiable information; and

(2)

identify how to best minimize the data-reporting burden placed on institutions of higher education, particularly smaller institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist institutions in improving educational practice and postsecondary outcomes.

(b)

Definition of eligible entity

In this section, the term eligible entity means—

(1)

a State higher education system; or

(2)

a consortium of State higher education systems, or a consortium of individual institutions of higher education, that is broadly representative of institutions in different sectors and geographic locations.

(c)

Competitive grants

(1)

Grants authorized

The Secretary shall award grants, on a competitive basis, to not more than five eligible entities to enable the eligible entities to—

(A)

design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; and

(B)

examine the costs and burdens involved in implementing a State-level postsecondary student data system.

(2)

Duration

A grant awarded under this section shall be for a period of not more than three years.

(d)

Application requirements

An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a description of—

(1)

how the eligible entity will ensure that student privacy is protected and that individually identifiable information about students, the students' achievements, and the students' families remains confidential in accordance with section 444 of the General Education Provisions Act (Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g); and

(2)

how the activities funded by the grant will be supported after the three-year grant period.

(e)

Use of funds

A grant awarded under this section shall be used to—

(1)

design, develop, and implement the components of a comprehensive postsecondary student data system with the capacity to transmit student information within a State;

(2)

improve the capacity of institutions of higher education to analyze and use student data;

(3)

select and define common data elements, data quality, and other elements that will enable the data system to—

(A)

serve the needs of institutions of higher education for institutional research and improvement;

(B)

provide students and the students' families with useful information for decision-making about postsecondary education; and

(C)

provide State policymakers with improved information to monitor and guide efforts to improve student outcomes and success in higher education;

(4)

estimate costs and burdens at the institutional level for the reporting system for different types of institutions; and

(5)

test the feasibility of protocols and standards for maintaining data privacy and data access.

(f)

Evaluation; reports

Not later than six months after the end of the projects funded by grants awarded under this section, the Secretary shall—

(1)

conduct a comprehensive evaluation of the pilot program authorized by this section; and

(2)

report the Secretary's findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.

(g)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

.

116.

State commitment to affordable college education

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 136 (as added by section 115 of this Act) the following new section:

137.

State commitment to affordable college education

(a)

Maintenance of effort required

A State shall provide—

(1)

for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfactory data are available; and

(2)

for private institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding academic years for which satisfactory data are available.

(b)

Adjustments for biennial appropriations

The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles.

(c)

Waiver

The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen decline in the financial resources of a State or State educational agency, as appropriate.

(d)

Violation of maintenance of effort

Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 781 until such State has made significant efforts to correct such violation.

.

117.

Performance-based organization for the delivery of Federal student financial assistance

Section 141 (20 U.S.C. 1018) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking operational and inserting administrative and oversight; and

(B)

in paragraph (2)(D), by striking of the operational functions and inserting and administration;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking the information systems administered by the PBO, and other functions performed by the PBO and inserting the Federal student financial assistance programs authorized under title IV; and

(ii)

by striking subparagraph (C) and inserting the following:

(C)

assist the Chief Operating Officer in identifying goals for—

(i)

the administration of the systems used to administer the Federal student financial assistance programs authorized under title IV; and

(ii)

the updating of such systems to current technology.

;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A)—

(I)

by striking administration of the information and financial systems that support and inserting the administration of Federal; and

(II)

by striking this title and inserting title IV;

(ii)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking of the delivery system for Federal student assistance and inserting for the Federal student financial assistance programs authorized under title IV;

(II)

by striking clauses (i) and (ii) and inserting the following:

(i)

the collection, processing, and transmission of data to students, institutions, lenders, State agencies, and other authorized parties;

(ii)

the design and technical specifications for software development and procurement for systems supporting the Federal student financial assistance programs authorized under title IV;

;

(III)

in clause (iii), by striking delivery and inserting administration;

(IV)

in clause (iv)—

(aa)

by inserting the Federal after supporting;

(bb)

by striking under this title and inserting authorized under title IV; and

(cc)

by striking and after the semicolon;

(V)

in clause (v), by striking systems that support those programs. and inserting the administration of the Federal student financial assistance programs authorized under title IV; and; and

(VI)

by adding at the end the following:

(vi)

ensuring the integrity of the Federal student financial assistance programs authorized under title IV.

; and

(iii)

in subparagraph (B), by striking operations and services and inserting activities and functions; and

(3)

in subsection (c)—

(A)

in the subsection heading, by striking Performance Plan and Report and inserting Performance Plan, Report, and Briefing;

(B)

in paragraph (1)(C)—

(i)

by striking this title each place the term appears and inserting under title IV;

(ii)

in clause (iii), by striking information and delivery; and

(iii)

in clause (iv)—

(I)

by striking Developing an and inserting Developing; and

(II)

by striking delivery and information system and inserting systems;

(C)

in paragraph (2)—

(i)

in subparagraph (A), by inserting the after PBO and; and

(ii)

in subparagraph (B), by striking Officer and inserting Officers;

(D)

in paragraph (3), by inserting students, after consult with; and

(E)

by adding at the end the following:

(4)

Briefing on enforcement of student loan provisions

The Secretary shall, upon request, provide a briefing to the members of the authorizing committees on the steps the Department has taken to ensure—

(A)

the integrity of the student loan programs; and

(B)

that lenders and guaranty agencies are adhering to the requirements of title IV.

;

(4)

in subsection (d)—

(A)

in paragraph (1), by striking the second sentence; and

(B)

in paragraph (5)—

(i)

in subparagraph (B), by striking paragraph (2) and inserting paragraph (4); and

(ii)

in subparagraph (C), by striking this;

(5)

in subsection (f)—

(A)

in paragraph (2), by striking to borrowers and inserting to students, borrowers,; and

(B)

in paragraph (3)(A), by striking (1)(A) and inserting (1);

(6)

in subsection (g)(3), by striking not more than 25;

(7)

in subsection (h), by striking organizational effectiveness and inserting effectiveness;

(8)

by striking subsection (i);

(9)

by redesignating subsection (j) as subsection (i); and

(10)

in subsection (i) (as redesignated by paragraph (9)), by striking , including transition costs.

118.

Procurement flexibility

Section 142 (20 U.S.C. 1018a) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by striking for information systems supporting the programs authorized under title IV; and

(ii)

by striking and after the semicolon;

(B)

in paragraph (2), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(3)

through the Chief Operating Officer—

(A)

to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and

(B)

assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.

;

(2)

by striking subsection (c)(2) and inserting the following:

(2)

Fee for service arrangements

The Chief Operating Officer shall, when appropriate and consistent with the purposes of the PBO, acquire services related to the functions set forth in section 141(b)(2) from any entity that has the capability and capacity to meet the requirements set by the PBO. The Chief Operating Officer is authorized to pay fees that are equivalent to those paid by other entities to an organization that provides services that meet the requirements of the PBO, as determined by the Chief Operating Officer.

;

(3)

in subsection (d)(2)(B), by striking on Federal Government contracts;

(4)

in subsection (g)—

(A)

in paragraph (4)(A)—

(i)

in the subparagraph heading, by striking Sole source.— and inserting Single-source basis.—; and

(ii)

by striking sole-source and inserting single-source; and

(B)

in paragraph (7), by striking sole-source and inserting single-source;

(5)

in subsection (h)(2)(A), by striking sole-source and inserting single-source; and

(6)

in subsection (l), by striking paragraph (3) and inserting the following:

(3)

Single-source basis

The term single-source basis, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only such source (although such source is not the only source in the marketplace capable of meeting the need) because such source is the most advantageous source for purposes of the award.

.

119.

Certification regarding the use of certain Federal funds

(a)

Prohibition

No Federal funds received under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).

(b)

Applicability

The prohibition in subsection (a) applies with respect to the following Federal actions:

(1)

The awarding of any Federal contract.

(2)

The making of any Federal grant.

(3)

The making of any Federal loan.

(4)

The entering into of any Federal cooperative agreement.

(5)

The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(c)

Lobbying and earmarks

No Federal student aid funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.

(d)

Certification

Each institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.

(e)

Actions To implement and enforce

The Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.

120.

Institution and lender reporting and disclosure requirements

Title I (as amended by this title) (20 U.S.C. 1001 et seq.) is further amended by adding at the end the following:

E

Lender and institution requirements relating to education loans

151.

Definitions

In this part:

(1)

Agent

The term agent means an officer or employee of a covered institution or an institution-affiliated organization.

(2)

Covered institution

The term covered institution means any institution of higher education, as such term is defined in section 102, that receives any Federal funding or assistance.

(3)

Education loan

The term education loan (except when used as part of the term private education loan) means—

(A)

any loan made, insured, or guaranteed under part B of title IV;

(B)

any loan made under part D of title IV; or

(C)

a private education loan.

(4)

Eligible lender

The term eligible lender has the meaning given such term in section 435(d).

(5)

Institution-affiliated organization

The term institution-affiliated organization

(A)

means any organization that—

(i)

is directly or indirectly related to a covered institution; and

(ii)

is engaged in the practice of recommending, promoting, or endorsing education loans for students attending such covered institution or the families of such students;

(B)

may include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; and

(C)

notwithstanding subparagraphs (A) and (B), does not include any lender with respect to any education loan secured, made, or extended by such lender.

(6)

Lender

The term lender (except when used as part of the terms eligible lender and private educational lender)—

(A)

means—

(i)

in the case of a loan made, insured, or guaranteed under part B of title IV, an eligible lender;

(ii)

in the case of any loan issued or provided to a student under part D of title IV, the Secretary; and

(iii)

in the case of a private education loan, a private educational lender as defined in section 140 of the Truth in Lending Act; and

(B)

includes any other person engaged in the business of securing, making, or extending education loans on behalf of the lender.

(7)

Officer

The term officer includes a director or trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively.

(8)

Preferred lender arrangement

The term preferred lender arrangement

(A)

means an arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution—

(i)

under which a lender provides or otherwise issues education loans to the students attending such covered institution or the families of such students; and

(ii)

that relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender; and

(B)

does not include—

(i)

arrangements or agreements with respect to loans under part D of title IV; or

(ii)

arrangements or agreements with respect to loans that originate through the auction pilot program under section 499(b).

(9)

Private education loan

The term private education loan has the meaning given the term in section 140 of the Truth in Lending Act.

152.

Responsibilities of covered institutions, institution-affiliated organizations, and lenders

(a)

Responsibilities of covered institutions and institution-affiliated organizations

(1)

Disclosures by covered institutions and institution-affiliated organizations

(A)

Preferred lender arrangement disclosures

In addition to the disclosures required by subsections (a)(27) and (h) of section 487 (if applicable), a covered institution, or an institution-affiliated organization of such covered institution, that participates in a preferred lender arrangement shall disclose—

(i)

on such covered institution's or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss education loans—

(I)

the maximum amount of Federal grant and loan aid under title IV available to students, in an easy to understand format;

(II)

the information required to be disclosed pursuant to section 153(a)(2)(A)(i), for each type of loan described in section 151(3)(A) that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or the families of such students; and

(III)

a statement that such institution is required to process the documents required to obtain a loan under part B of title IV from any eligible lender the student selects; and

(ii)

on such covered institution's or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss private education loans—

(I)

in the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(11) of the Truth in Lending Act (15 U.S.C. 1638(e)(11)), for each type of private education loan offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and

(II)

in the case of an institution-affiliated organization of a covered institution, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), for each type of private education loan offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students.

(B)

Private education loan disclosures

A covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding a private education loan from a lender to a prospective borrower shall—

(i)

provide the prospective borrower with the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)) for such loan;

(ii)

inform the prospective borrower that—

(I)

the prospective borrower may qualify for loans or other assistance under title IV; and

(II)

the terms and conditions of loans made, insured, or guaranteed under title IV may be more favorable than the provisions of private education loans; and

(iii)

ensure that information regarding private education loans is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under title IV.

(C)

Informational materials

The informational materials described in this subparagraph are publications, mailings, or electronic messages or materials that—

(i)

are distributed to prospective or current students of a covered institution and families of such students; and

(ii)

describe or discuss the financial aid opportunities available to students at an institution of higher education.

(2)

Use of institution name

A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall not agree to the lender’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans to students attending such institution in any way that implies that the loan is offered or made by such institution or organization instead of the lender.

(3)

Use of lender name

A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall ensure that the name of the lender is displayed in all information and documentation related to such loans.

(b)

Lender responsibilities

(1)

Disclosures by lenders

(A)

Disclosures to borrowers

(i)

Federal education loans

For each education loan that is made, insured, or guaranteed under part B or D of title IV (other than a loan made under section 428C or a Federal Direct Consolidation Loan), at or prior to the time the lender disburses such loan, the lender shall provide the prospective borrower or borrower, in writing (including through electronic means), with the disclosures described in subsections (a) and (c) of section 433.

(ii)

Private education loans

For each of a lender's private education loans, the lender shall comply with the disclosure requirements under section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)).

(B)

Disclosures to the Secretary

(i)

In general

Each lender of a loan made, insured, or guaranteed under part B of title IV shall, on an annual basis, report to the Secretary—

(I)

any reasonable expenses paid or provided under section 435(d)(5)(D) or paragraph (3)(B) or (7) of section 487(e) to any agent of a covered institution who—

(aa)

is employed in the financial aid office of a covered institution; or

(bb)

otherwise has responsibilities with respect to education loans or other financial aid of the institution; and

(II)

any similar expenses paid or provided to any agent of an institution-affiliated organization who is involved in the practice of recommending, promoting, or endorsing education loans.

(ii)

Contents of reports

Each report described in clause (i) shall include—

(I)

the amount for each specific instance in which the lender provided such expenses;

(II)

the name of any agent described in clause (i) to whom the expenses were paid or provided;

(III)

the dates of the activity for which the expenses were paid or provided; and

(IV)

a brief description of the activity for which the expenses were paid or provided.

(iii)

Report to Congress

The Secretary shall summarize the information received from the lenders under this subparagraph in a report and transmit such report annually to the authorizing committees.

(2)

Certification by lenders

Not later than 18 months after the date of enactment of the Higher Education Opportunity Act

(A)

in addition to any other disclosure required under Federal law, each lender of a loan made, insured, or guaranteed under part B of title IV that participates in one or more preferred lender arrangements shall annually certify the lender's compliance with the requirements of this Act; and

(B)

if an audit of a lender is required pursuant to section 428(b)(1)(U)(iii), the lender's compliance with the requirements under this section shall be reported on and attested to annually by the auditor of such lender.

153.

Loan information to be disclosed and model disclosure form for covered institutions, institution-affiliated organizations, and lenders participating in preferred lender arrangements

(a)

Duties of the Secretary

(1)

Determination of minimum disclosures

(A)

In general

Not later than 18 months after the date of enactment of the Higher Education Opportunity Act, the Secretary, in coordination with the Board of Governors of the Federal Reserve System, shall determine the minimum information that lenders, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding education loans described in section 151(3)(A) that are offered to students and the families of such students.

(B)

Consultation and content of minimum disclosures

In carrying out subparagraph (A), the Secretary shall—

(i)

consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, lenders, loan servicers, and guaranty agencies;

(ii)

include, in the minimum information under subparagraph (A) that is required to be made available, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), modified as necessary to apply to such loans; and

(iii)

consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide to prospective borrowers and the families of such borrowers the following information for each type of education loan offered pursuant to such preferred lender arrangement:

(I)

The interest rate and terms and conditions of the loan for the next award year, including loan forgiveness and deferment.

(II)

Information on any charges, such as origination and Federal default fees, that are payable on the loan, and whether those charges will be—

(aa)

collected by the lender at or prior to the disbursal of the loan, including whether the charges will be deducted from the proceeds of the loan or paid separately by the borrower; or

(bb)

paid in whole or in part by the lender.

(III)

The annual and aggregate maximum amounts that may be borrowed.

(IV)

The average amount borrowed from the lender by students who graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable, and who obtained loans of such type from the lender for the preceding year.

(V)

The amount the borrower may pay in interest, based on a standard repayment plan and the average amount borrowed from the lender by students who graduated from such institution in the preceding year and who obtained loans of such type from the lender for the preceding year, for—

(aa)

borrowers who take out loans under section 428;

(bb)

borrowers who take out loans under section 428B or 428H, who pay the interest while in school; and

(cc)

borrowers who take out loans under section 428B or 428H, who do not pay the interest while in school.

(VI)

The consequences for the borrower of defaulting on a loan, including limitations on the discharge of an education loan in bankruptcy.

(VII)

Contact information for the lender.

(VIII)

Other information suggested by the persons and entities with whom the Secretary has consulted under clause (i).

(2)

Required disclosures

After making the determinations under paragraph (1), the Secretary, in coordination with the Board of Governors of the Federal Reserve System and after consultation with the public, shall—

(A)
(i)

provide that the information determined under paragraph (1) shall be disclosed by covered institutions, and institution-affiliated organizations of such covered institutions, with preferred lender arrangements to prospective borrowers and the families of such borrowers regarding the education loans described in section 151(3)(A) that are offered pursuant to such preferred lender arrangements; and

(ii)

make clear that such covered institutions and institution-affiliated organizations may provide the required information on a form designed by the institution or organization instead of the model disclosure form described in subparagraph (B);

(B)

develop a model disclosure form that may be used by covered institutions, institution-affiliated organizations, and preferred lenders that includes all of the information required under subparagraph (A)(i) in a format that—

(i)

is easily usable by students, families, institutions, institution-affiliated organizations, lenders, loan servicers, and guaranty agencies; and

(ii)

is similar in format to the form developed by the Board of Governors of the Federal Reserve System under paragraphs (1) and (5)(A) of section 128(e), in order to permit students and the families of students to easily compare private education loans and education loans described in section 151(3)(A); and

(C)

update such model disclosure form periodically, as necessary.

(b)

Duties of lenders

Each lender that has a preferred lender arrangement with a covered institution, or an institution-affiliated organization of such covered institution, with respect to education loans described in section 151(3)(A) shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for each type of education loan described in section 151(3)(A) that the lender plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year.

(c)

Duties of covered institutions and institution-affiliated organizations

(1)

Providing information to students and families

(A)

In general

Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement shall provide the following information to students attending such institution, or the families of such students, as applicable:

(i)

The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education loan described in section 151(3)(A) offered pursuant to a preferred lender arrangement to students of such institution or the families of such students.

(ii)
(I)

In the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(11) of the Truth in Lending Act (15 U.S.C. 1638(e)(11)) to the covered institution, for each type of private education loan offered pursuant to such preferred lender arrangement to students of such institution or the families of such students.

(II)

In the case of an institution-affiliated organization, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), for each type of private education loan offered pursuant to such preferred lender arrangement to students of the institution with which such organization is affiliated or the families of such students.

(B)

Timely provision of information

The information described in subparagraph (A) shall be provided in a manner that allows for the students or the families to take such information into account before selecting a lender or applying for an education loan.

(2)

Annual report

Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall—

(A)

prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with such covered institution or organization—

(i)

the information described in clauses (i) and (ii) of paragraph (1)(A); and

(ii)

a detailed explanation of why such covered institution or institution-affiliated organization entered into a preferred lender arrangement with the lender, including why the terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students attending such institution, or the families of such students, as applicable; and

(B)

ensure that the report required under subparagraph (A) is made available to the public and provided to students attending or planning to attend such covered institution and the families of such students.

(3)

Code of conduct

(A)

In general

Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall comply with the code of conduct requirements of subparagraphs (A) through (C) of section 487(a)(25).

(B)

Applicable code of conduct

For purposes of subparagraph (A), an institution-affiliated organization of a covered institution shall—

(i)

comply with the code of conduct developed and published by such covered institution under subparagraphs (A) and (B) of section 487(a)(25);

(ii)

if such institution-affiliated organization has a website, publish such code of conduct prominently on the website; and

(iii)

administer and enforce such code of conduct by, at a minimum, requiring that all of such organization's agents with responsibilities with respect to education loans be annually informed of the provisions of such code of conduct.

154.

Loan information to be disclosed and model disclosure form for institutions participating in the William. D. Ford Federal Direct Loan Program

(a)

Provision of disclosures to institutions by the Secretary

Not later than 180 days after the development of the model disclosure form under section 153(a)(2)(B), the Secretary shall provide each institution of higher education participating in the William D. Ford Direct Loan Program under part D of title IV with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or on behalf of, students attending each such institution as is required on such form for loans described in section 151(3)(A).

(b)

Duties of institutions

(1)

In general

Each institution of higher education participating in the William D. Ford Direct Loan Program under part D of title IV shall—

(A)

make the information the Secretary provides to the institution under subsection (a) available to students attending or planning to attend the institution, or the families of such students, as applicable; and

(B)

if the institution provides information regarding a private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a).

(2)

Choice of forms

In providing the information required under paragraph (1), an institution of higher education may use a comparable form designed by the institution instead of the model disclosure form developed under section 153(a)(2)(B).

.

II

Teacher Quality Enhancement

201.

Teacher quality enhancement

Title II (20 U.S.C. 1021 et seq.) is amended—

(1)

by inserting before part A the following:

200.

Definitions

In this title:

(1)

Arts and sciences

The term arts and sciences means—

(A)

when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and

(B)

when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.

(2)

Children from low-income families

The term children from low-income families means children described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965.

(3)

Core academic subjects

The term core academic subjects has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(4)

Early childhood educator

The term early childhood educator means an individual with primary responsibility for the education of children in an early childhood education program.

(5)

Educational service agency

The term educational service agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(6)

Eligible partnership

Except as otherwise provided in section 251, the term eligible partnership means an entity that—

(A)

shall include—

(i)

a high-need local educational agency;

(ii)
(I)

a high-need school or a consortium of high-need schools served by the high-need local educational agency; or

(II)

as applicable, a high-need early childhood education program;

(iii)

a partner institution;

(iv)

a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title; and

(v)

a school or department of arts and sciences within such partner institution; and

(B)

may include any of the following:

(i)

The Governor of the State.

(ii)

The State educational agency.

(iii)

The State board of education.

(iv)

The State agency for higher education.

(v)

A business.

(vi)

A public or private nonprofit educational organization.

(vii)

An educational service agency.

(viii)

A teacher organization.

(ix)

A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.

(x)

A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965).

(xi)

A school or department within the partner institution that focuses on psychology and human development.

(xii)

A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.

(xiii)

An entity operating a program that provides alternative routes to State certification of teachers.

(7)

Essential components of reading instruction

The term essential components of reading instruction has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965.

(8)

Exemplary teacher

The term exemplary teacher has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(9)

High-need early childhood education program

The term high-need early childhood education program means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.

(10)

High-need local educational agency

The term high-need local educational agency means a local educational agency—

(A)
(i)

for which not less than 20 percent of the children served by the agency are children from low-income families;

(ii)

that serves not fewer than 10,000 children from low-income families;

(iii)

that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965; or

(iv)

that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 6221(b) of the Elementary and Secondary Education Act of 1965; and

(B)
(i)

for which there is a high percentage of teachers not teaching in the academic subject areas or grade levels in which the teachers were trained to teach; or

(ii)

for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.

(11)

High-need school

(A)

In general

The term high-need school means a school that, based on the most recent data available, meets one or both of the following:

(i)

The school is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty:

(I)

The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary.

(II)

The percentage of students eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act.

(III)

The percentage of students in families receiving assistance under the State program funded under part A of title IV of the Social Security Act.

(IV)

The percentage of students eligible to receive medical assistance under the Medicaid program.

(V)

A composite of two or more of the measures described in subclauses (I) through (IV).

(ii)

In the case of—

(I)

an elementary school, the school serves students not less than 60 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; or

(II)

any other school that is not an elementary school, the other school serves students not less than 45 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act.

(B)

Special rule

(i)

Designation by the Secretary

The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this title. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership.

(ii)

Application requirements

An application for designation of a school under clause (i) shall include—

(I)

the number and percentage of students attending such school who are—

(aa)

aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary;

(bb)

eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;

(cc)

in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or

(dd)

eligible to receive medical assistance under the Medicaid program;

(II)

information about the student academic achievement of students at such school; and

(III)

for a secondary school, the graduation rate for such school.

(12)

Highly competent

The term highly competent, when used with respect to an early childhood educator, means an educator—

(A)

with specialized education and training in development and education of young children from birth until entry into kindergarten;

(B)

with—

(i)

a baccalaureate degree in an academic major in the arts and sciences; or

(ii)

an associate’s degree in a related educational area; and

(C)

who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education.

(13)

Highly qualified

The term highly qualified has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 and, with respect to special education teachers, in section 602 of the Individuals with Disabilities Education Act.

(14)

Induction program

The term induction program means a formalized program for new teachers during not less than the teachers' first two years of teaching that is designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the following components:

(A)

High-quality teacher mentoring.

(B)

Periodic, structured time for collaboration with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner institution.

(C)

The application of empirically-based practice and scientifically valid research on instructional practices.

(D)

Opportunities for new teachers to draw directly on the expertise of teacher mentors, faculty, and researchers to support the integration of empirically-based practice and scientifically valid research with practice.

(E)

The development of skills in instructional and behavioral interventions derived from empirically-based practice and, where applicable, scientifically valid research.

(F)

Faculty who—

(i)

model the integration of research and practice in the classroom; and

(ii)

assist new teachers with the effective use and integration of technology in the classroom.

(G)

Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers with respect to the learning process and the assessment of learning.

(H)

Assistance with the understanding of data, particularly student achievement data, and the applicability of such data in classroom instruction.

(I)

Regular and structured observation and evaluation of new teachers by multiple evaluators, using valid and reliable measures of teaching skills.

(15)

Limited english proficient

The term limited English proficient has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(16)

Parent

The term parent has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(17)

Partner institution

The term partner institution means an institution of higher education, which may include a two-year institution of higher education offering a dual program with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation program—

(A)

whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—

(i)

demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or

(ii)

being ranked among the highest-performing teacher preparation programs in the State as determined by the State—

(I)

using criteria consistent with the requirements for the State report card under section 205(b) before the first publication of such report card; and

(II)

using the State report card on teacher preparation required under section 205(b), after the first publication of such report card and for every year thereafter; and

(B)

that requires—

(i)

each student in the program to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience;

(ii)

each student in the program preparing to become a teacher to become highly qualified; and

(iii)

each student in the program preparing to become an early childhood educator to meet degree requirements, as established by the State, and become highly competent.

(18)

Principles of scientific research

The term principles of scientific research means principles of research that—

(A)

apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;

(B)

present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and

(C)

include, appropriate to the research being conducted—

(i)

use of systematic, empirical methods that draw on observation or experiment;

(ii)

use of data analyses that are adequate to support the general findings;

(iii)

reliance on measurements or observational methods that provide reliable and generalizable findings;

(iv)

strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;

(v)

presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;

(vi)

acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and

(vii)

consistency of findings across multiple studies or sites to support the generality of results and conclusions.

(19)

Professional development

The term professional development has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.

(20)

Scientifically valid research

The term scientifically valid research includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.

(21)

Teacher mentoring

The term teacher mentoring means the mentoring of new or prospective teachers through a program that—

(A)

includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness;

(B)

provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports);

(C)

provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;

(D)

provides paid release time for mentors, as applicable;

(E)

provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;

(F)

promotes empirically-based practice of, and scientifically valid research on, where applicable—

(i)

teaching and learning;

(ii)

assessment of student learning;

(iii)

the development of teaching skills through the use of instructional and behavioral interventions; and

(iv)

the improvement of the mentees’ capacity to measurably advance student learning; and

(G)

includes—

(i)

common planning time or regularly scheduled collaboration for the mentor and mentee; and

(ii)

joint professional development opportunities.

(22)

Teaching residency program

The term teaching residency program means a school-based teacher preparation program in which a prospective teacher—

(A)

for one academic year, teaches alongside a mentor teacher, who is the teacher of record;

(B)

receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed;

(C)

acquires effective teaching skills; and

(D)

prior to completion of the program, earns a master's degree, attains full State teacher certification or licensure, and becomes highly qualified.

(23)

Teaching skills

The term teaching skills means skills that enable a teacher to—

(A)

increase student learning, achievement, and the ability to apply knowledge;

(B)

effectively convey and explain academic subject matter;

(C)

effectively teach higher-order analytical, evaluation, problem-solving, and communication skills;

(D)

employ strategies grounded in the disciplines of teaching and learning that—

(i)

are based on empirically-based practice and scientifically valid research, where applicable, related to teaching and learning;

(ii)

are specific to academic subject matter; and

(iii)

focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;

(E)

conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation);

(F)

effectively manage a classroom, including the ability to implement positive behavioral interventions and support strategies;

(G)

communicate and work with parents, and involve parents in their children’s education; and

(H)

use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs.

;

(2)

by striking part A and inserting the following:

A

Teacher quality partnership grants

201.

Purposes

The purposes of this part are to—

(1)

improve student achievement;

(2)

improve the quality of prospective and new teachers by improving the preparation of prospective teachers and enhancing professional development activities for new teachers;

(3)

hold teacher preparation programs at institutions of higher education accountable for preparing highly qualified teachers; and

(4)

recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching force.

202.

Partnership grants

(a)

Program authorized

From amounts made available under section 209, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c).

(b)

Application

Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—

(1)

a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education and special education teachers, principals, and, as applicable, early childhood educators;

(2)

a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills;

(3)

a description of how such program will prepare prospective and new teachers to understand and use research and data to modify and improve classroom instruction;

(4)

a description of—

(A)

how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation; and

(B)

how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher quality and student academic achievement;

(5)

an assessment that describes the resources available to the eligible partnership, including—

(A)

the integration of funds from other related sources;

(B)

the intended use of the grant funds; and

(C)

the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends;

(6)

a description of—

(A)

how the eligible partnership will meet the purposes of this part;

(B)

how the partnership will carry out the activities required under subsection (d) or (e), based on the needs identified in paragraph (1), with the goal of improving student academic achievement;

(C)

if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement;

(D)

the partnership's evaluation plan under section 204(a);

(E)

how the partnership will align the teacher preparation program under subsection (c) with the—

(i)

State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; and

(ii)

student academic achievement standards and academic content standards under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located;

(F)

how the partnership will prepare general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act;

(G)

how the partnership will prepare general education and special education teachers to teach students who are limited English proficient;

(H)

how faculty at the partner institution will work, during the term of the grant, with highly qualified teachers in the classrooms of high-need schools served by the high-need local educational agency in the partnership to—

(i)

provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and

(ii)

train other classroom teachers to implement literacy programs that incorporate the essential components of reading instruction;

(I)

how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical program component;

(J)

how the partnership will support in-service professional development strategies and activities; and

(K)

how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and

(7)

with respect to the induction program required as part of the activities carried out under this section—

(A)

a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate;

(B)

a demonstration of the eligible partnership's capability and commitment to, and the accessibility to and involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and learning;

(C)

a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers' teaching skills, including the use of mentors who are trained and compensated by such program for the mentors' work with new teachers; and

(D)

a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation.

(c)

Use of grant funds

An eligible partnership that receives a grant under this section—

(1)

shall use grant funds to carry out a program for the pre-baccalaureate preparation of teachers under subsection (d), a teaching residency program under subsection (e), or a combination of such programs; and

(2)

may use grant funds to carry out a leadership development program under subsection (f).

(d)

Partnership grants for pre-baccalaureate preparation of teachers

An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following:

(1)

Reforms

(A)

In general

Implementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for—

(i)

preparing—

(I)

new or prospective teachers to be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are limited English proficient who may teach multiple subjects);

(II)

such teachers and, as applicable, early childhood educators, to understand empirically-based practice and scientifically valid research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; and

(III)

as applicable, early childhood educators to be highly competent; and

(ii)

promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development.

(B)

Required reforms

The reforms described in subparagraph (A) shall include—

(i)

implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;

(ii)

using empirically-based practice and scientifically valid research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators—

(I)

understand and can implement research-based teaching practices in classroom instruction;

(II)

have knowledge of student learning methods;

(III)

possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction;

(IV)

possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to—

(aa)

meet the specific learning needs of all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs; and

(bb)

differentiate instruction for such students;

(V)

can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and

(VI)

can successfully employ effective strategies for reading instruction using the essential components of reading instruction;

(iii)

ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that prospective teachers receive training in both teaching and relevant content areas in order to become highly qualified, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals with Disabilities Education Act;

(iv)

developing and implementing an induction program;

(v)

developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and

(vi)

implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully.

(2)

Clinical experience and interaction

Developing and improving a sustained and high-quality preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following:

(A)

Incorporate year-long opportunities for enrichment, including—

(i)

clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and

(ii)

closely supervised interaction between prospective teachers and faculty, experienced teachers, principals, other administrators, and school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction.

(B)

Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.

(C)

Provide high-quality teacher mentoring.

(D)

Be offered over the course of a program of teacher preparation.

(E)

Be tightly aligned with course work (and may be developed as a fifth year of a teacher preparation program).

(F)

Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency.

(G)

As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities.

(H)

Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual’s experience. Such support may include—

(i)

with respect to a prospective teacher or a mentor, release time for such individual’s participation;

(ii)

with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and

(iii)

with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor's extra skills and responsibilities.

(3)

Induction programs for new teachers

Creating an induction program for new teachers or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators.

(4)

Support and training for participants in early childhood education programs

In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education.

(5)

Teacher recruitment

Developing and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become highly qualified teachers through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession—

(A)

individuals from under represented populations;

(B)

individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, and the instruction of limited English proficient students; and

(C)

mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.

(6)

Literacy training

Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers—

(A)

to implement literacy programs that incorporate the essential components of reading instruction;

(B)

to use screening, diagnostic, formative, and summative assessments to determine students' literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills;

(C)

to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; and

(D)

to integrate literacy skills in the classroom across subject areas.

(e)

Partnership grants for the establishment of teaching residency programs

(1)

In general

An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:

(A)

Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.

(B)

Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school.

(C)

Ensuring that teaching residents who participate in the teaching residency program receive—

(i)

effective preservice preparation as described in paragraph (2);

(ii)

teacher mentoring;

(iii)

support required through the induction program as the teaching residents enter the classroom as new teachers; and

(iv)

the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2).

(2)

Teaching residency programs

(A)

Establishment and design

A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs:

(i)

The integration of pedagogy, classroom practice, and teacher mentoring.

(ii)

Engagement of teaching residents in rigorous graduate-level course work to earn a master’s degree while undertaking a guided teaching apprenticeship.

(iii)

Experience and learning opportunities alongside a trained and experienced mentor teacher—

(I)

whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;

(II)

who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and

(III)

who may be relieved from teaching duties as a result of such additional responsibilities.

(iv)

The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observations of the following:

(I)

Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning.

(II)

Appropriate instruction that engages students with different learning styles.

(III)

Collaboration with colleagues to improve instruction.

(IV)

Analysis of gains in student learning, based on multiple measures that are valid and reliable and that, when feasible, may include valid, reliable, and objective measures of the influence of teachers on the rate of student academic progress.

(V)

In the case of mentor candidates who will be mentoring new or prospective literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate.

(v)

Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.

(vi)

The development of admissions goals and priorities—

(I)

that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and

(II)

which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession.

(vii)

Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first two years of teaching.

(B)

Selection of individuals as teacher residents

(i)

Eligible individual

In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall—

(I)

be a recent graduate of a four-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and

(II)

submit an application to the teaching residency program.

(ii)

Selection criteria

An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:

(I)

Strong content knowledge or record of accomplishment in the field or subject area to be taught.

(II)

Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.

(III)

Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.

(C)

Stipends or salaries; applications; agreements; repayments

(i)

Stipends or salaries

A teaching residency program under this subsection shall provide a one-year living stipend or salary to teaching residents during the one-year teaching residency program.

(ii)

Applications for stipends or salaries

Each teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require.

(iii)

Agreements to serve

Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will—

(I)

serve as a full-time teacher for a total of not less than three academic years immediately after successfully completing the one-year teaching residency program;

(II)

fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership;

(III)

provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service;

(IV)

meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and

(V)

comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause.

(iv)

Repayments

(I)

In general

A grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary.

(II)

Other terms and conditions

Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident’s service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances.

(III)

Use of repayments

An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection.

(f)

Partnership grants for the development of leadership programs

(1)

In general

An eligible partnership that receives a grant under this section may carry out an effective school leadership program, which may be carried out in partnership with a local educational agency located in a rural area and that shall include all of the following activities:

(A)

Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as superintendents, principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader).

(B)

Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively—

(i)

create and maintain a data-driven, professional learning community within the leader's school;

(ii)

provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills;

(iii)

understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning;

(iv)

manage resources and school time to improve student academic achievement and ensure the school environment is safe;

(v)

engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; and

(vi)

understand how students learn and develop in order to increase academic achievement for all students.

(C)

Ensuring that individuals who participate in the school leadership program receive—

(i)

effective preservice preparation as described in subparagraph (D);

(ii)

mentoring; and

(iii)

if applicable, full State certification or licensure to become a school leader.

(D)

Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following:

(i)

Incorporate year-long opportunities for enrichment, including—

(I)

clinical learning in high-need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; and

(II)

closely supervised interaction between prospective school leaders and faculty, new and experienced teachers, and new and experienced school leaders, in such high-need schools.

(ii)

Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable.

(iii)

Provide for mentoring of new school leaders.

(E)

Creating an induction program for new school leaders.

(F)

Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which may include an emphasis on recruiting into school leadership professions—

(i)

individuals from underrepresented populations;

(ii)

individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader shortage areas; and

(iii)

mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.

(2)

Selection of individuals for the leadership program

In order to be eligible for the school leadership program under this subsection, an individual shall be enrolled in or preparing to enroll in an institution of higher education, and shall—

(A)

be a—

(i)

recent graduate of an institution of higher education;

(ii)

mid-career professional from outside the field of education with strong content knowledge or a record of professional accomplishment;

(iii)

current teacher who is interested in becoming a school leader; or

(iv)

school leader who is interested in becoming a superintendent; and

(B)

submit an application to the leadership program.

(g)

Partnership with digital education content developer

An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)), or another entity that develops digital educational content, for the purpose of improving the quality of pre-baccalaureate teacher preparation programs or to enhance the quality of preservice training for prospective teachers.

(h)

Evaluation and reporting

The Secretary shall—

(1)

evaluate the programs assisted under this section; and

(2)

make publicly available a report detailing the Secretary's evaluation of each such program.

(i)

Consultation

(1)

In general

Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section.

(2)

Regular communication

To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.

(3)

Written consent

The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent of such changes signed by all members of the eligible partnership.

(j)

Construction

Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education.

(k)

Supplement, Not Supplant

Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section.

203.

Administrative provisions

(a)

Duration; Number of Awards; Payments

(1)

Duration

A grant awarded under this part shall be awarded for a period of five years.

(2)

Number of awards

An eligible partnership may not receive more than one grant during a five-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the five-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired.

(b)

Peer Review

(1)

Panel

The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.

(2)

Priority

The Secretary, in funding applications under this part, shall give priority—

(A)

to eligible partnerships that include an institution of higher education whose teacher preparation program has a rigorous selection process to ensure the highest quality of students entering such program; and

(B)
(i)

to applications from broad-based eligible partnerships that involve businesses and community organizations; or

(ii)

to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.

(3)

Secretarial selection

The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.

(c)

Matching requirements

(1)

In general

Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.

(2)

Waiver

The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.

(d)

Limitation on Administrative Expenses

An eligible partnership that receives a grant under this part may use not more than two percent of the funds provided to administer the grant.

204.

Accountability and evaluation

(a)

Eligible Partnership Evaluation

Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing—

(1)

achievement for all prospective and new teachers, as measured by the eligible partnership;

(2)

teacher retention in the first three years of a teacher’s career;

(3)

improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and

(4)
(A)

the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;

(B)

the percentage of highly qualified teachers hired by the high-need local educational agency who are members of underrepresented groups;

(C)

the percentage of highly qualified teachers hired by the high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);

(D)

the percentage of highly qualified teachers hired by the high-need local educational agency who teach in high-need areas (including special education, language instruction educational programs for limited English proficient students, and early childhood education);

(E)

the percentage of highly qualified teachers hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary school and secondary school levels;

(F)

as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and

(G)

as applicable, the percentage of teachers trained—

(i)

to integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and

(ii)

to use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student academic achievement.

(b)

Information

An eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this part.

(c)

Revised application

If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary—

(1)

shall cancel the grant; and

(2)

may use any funds returned or available because of such cancellation under paragraph (1) to—

(A)

increase other grant awards under this part; or

(B)

award new grants to other eligible partnerships under this part.

(d)

Evaluation and Dissemination

The Secretary shall evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate—

(1)

successful practices developed by eligible partnerships under this part; and

(2)

information regarding such practices that were found to be ineffective.

205.

Accountability for programs that prepare teachers

(a)

Institutional and Program Report Cards on the Quality of Teacher Preparation

(1)

Report card

Each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following:

(A)

Goals and assurances

(i)

For the most recent year for which the information is available for the institution—

(I)

whether the goals set under section 206 have been met; and

(II)

a description of the activities the institution implemented to achieve such goals.

(ii)

A description of the steps the institution is taking to improve its performance in meeting the annual goals set under section 206.

(iii)

A description of the activities the institution has implemented to meet the assurances provided under section 206.

(B)

Pass rates and scaled scores

For the most recent year for which the information is available for those students who took the assessments used for teacher certification or licensure by the State in which the program is located and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the two-year period preceding such year, for each of such assessments—

(i)

the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;

(ii)

the percentage of all students who passed such assessment;

(iii)

the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable;

(iv)

the average scaled score for all students who took such assessment;

(v)

a comparison of the program’s pass rates with the average pass rates for programs in the State; and

(vi)

a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.

(C)

Program information

A description of—

(i)

the criteria for admission into the program;

(ii)

the number of students in the program (disaggregated by race, ethnicity, and gender);

(iii)

the average number of hours of supervised clinical experience required for those in the program;

(iv)

the number of full-time equivalent faculty and students in the supervised clinical experience; and

(v)

the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.

(D)

Statement

In States that require approval or accreditation of teacher preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom.

(E)

Designation as low-performing

Whether the program has been designated as low-performing by the State under section 207(a).

(F)

Use of technology

A description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement.

(G)

Teacher training

A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach students who are limited English proficient.

(2)

Report

Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a).

(3)

Fines

The Secretary may impose a fine not to exceed $27,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.

(4)

Special rule

In the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.

(b)

State Report Card on the Quality of Teacher Preparation

(1)

In general

Each State that receives funds under this Act shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:

(A)

A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.

(B)

The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State.

(C)

A description of how the assessments and requirements described in subparagraph (A) are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and, as applicable, State early learning standards for early childhood education programs.

(D)

For each of the assessments used by the State for teacher certification or licensure—

(i)

for each institution of higher education located in the State and each entity located in the State, including those that offer an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;

(ii)

the percentage of all such students at all such institutions and entities who have taken the assessment who pass such assessment;

(iii)

the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and

(iv)

the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.

(E)

A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure—

(i)

the percentage of individuals participating in such routes, or who have completed such routes during the two-year period preceding the date for which the determination is made, who passed each such assessment; and

(ii)

the average scaled score of individuals participating in such routes, or who have completed such routes during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.

(F)

A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.

(G)

For each teacher preparation program in the State—

(i)

the criteria for admission into the program;

(ii)

the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student);

(iii)

the average number of hours of supervised clinical experience required for those in the program; and

(iv)

the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.

(H)

For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—

(i)

area of certification or licensure;

(ii)

academic major; and

(iii)

subject area for which the teacher has been prepared to teach.

(I)

A description of the extent to which teacher preparation programs are addressing shortages of highly qualified teachers, by area of certification or licensure, subject, and specialty, in the State’s public schools.

(J)

The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act.

(K)

A description of the activities that prepare teachers to—

(i)

integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; and

(ii)

use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement.

(L)

The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively teach students who are limited English proficient.

(2)

Prohibition against creating a national list

The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection.

(c)

Data quality

The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.

(d)

Report of the Secretary on the Quality of Teacher Preparation

(1)

Report card

The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part.

(2)

Report to congress

The Secretary shall prepare and submit a report to the authorizing committees that contains the following:

(A)

A comparison of States’ efforts to improve the quality of the current and future teaching force.

(B)

A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.

(C)

The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher certification or licensure.

(3)

Special rule

In the case of a teacher preparation program with fewer than ten scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.

(e)

Coordination

The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.

206.

Teacher development

(a)

Annual goals

Each institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this Act, shall set annual quantifiable goals for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of limited English proficient students.

(b)

Assurances

Each institution described in subsection (a) shall provide assurances to the Secretary that—

(1)

training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;

(2)

training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom;

(3)

prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;

(4)

general education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families; and

(5)

prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable.

(c)

Rule of construction

Nothing in this section shall be construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section.

207.

State functions

(a)

State Assessment

In order to receive funds under this Act, a State shall conduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 205(b). Levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part, including progress in meeting the goals of—

(1)

increasing the percentage of highly qualified teachers in the State, including increasing professional development opportunities;

(2)

improving student academic achievement for elementary and secondary students; and

(3)

raising the standards for entry into the teaching profession.

(b)

Termination of Eligibility

Any teacher preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)—

(1)

shall be ineligible for any funding for professional development activities awarded by the Department;

(2)

may not be permitted to accept or enroll any student who receives aid under title IV in the institution’s teacher preparation program;

(3)

shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and

(4)

shall be reinstated upon demonstration of improved performance, as determined by the State.

(c)

Negotiated Rulemaking

If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.

(d)

Application of the Requirements

The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.

208.

General provisions

(a)

Methods

In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information.

(b)

Special Rule

For each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965, in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with Disabilities Education Act, the Secretary shall—

(1)

to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and

(2)

notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.

(c)

Release of Information to Teacher Preparation Programs

(1)

In general

For the purpose of improving teacher preparation programs, a State that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that—

(A)

may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and

(B)

is possessed, controlled, or accessible by the State.

(2)

Content of information

The information described in paragraph (1)—

(A)

shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and

(B)

may include—

(i)

kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and

(ii)

teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.

209.

Authorization of appropriations

There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2009 and such sums as may be necessary for each of the two succeeding fiscal years.

; and

(3)

by striking part B and inserting the following:

B

Enhancing teacher education

230.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

1

Preparing teachers for digital age learners

231.

Program authorized

(a)

Program authority

The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to—

(1)

serve graduate teacher candidates who are prepared to use modern information, communication, and learning tools to—

(A)

improve student learning, assessment, and learning management; and

(B)

help students develop learning skills to succeed in higher education and to enter the workforce;

(2)

strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology-rich teaching and learning environments throughout a teacher candidate’s preservice education, including clinical experiences; and

(3)

assess the effectiveness of departments, schools, and colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching and learning environments, including environments consistent with the principles of universal design for learning, that enable kindergarten through grade 12 students to develop learning skills to succeed in higher education and to enter the workforce.

(b)

Amount and duration

A grant, contract, or cooperative agreement under this subpart—

(1)

shall be for not more than $2,000,000;

(2)

shall be for a three-year period; and

(3)

may be renewed for one additional year.

(c)

Non-Federal share requirement

The Federal share of the cost of any project funded under this subpart shall not exceed 75 percent. The non-Federal share of the cost of such project may be provided in cash or in kind, fairly evaluated, including services.

(d)

Definition of eligible consortium

In this subpart, the term eligible consortium means a consortium of members that includes the following:

(1)

Not less than one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching.

(2)

Not less than one State educational agency or local educational agency.

(3)

A department, school, or college of education at an institution of higher education.

(4)

A department, school, or college of arts and sciences at an institution of higher education.

(5)

Not less than one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity.

232.

Uses of Funds

(a)

In general

An eligible consortium that receives a grant or enters into a contract or cooperative agreement under this subpart shall use funds made available under this subpart to carry out a project that—

(1)

develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect preservice preparation of teacher candidates with high-need schools; or

(2)

transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.

(b)

Uses of funds for partnership grants

In carrying out a project under subsection (a)(1), an eligible consortium shall—

(1)

provide teacher candidates, early in their preparation, with field experiences with technology in educational settings;

(2)

build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for entering the workforce;

(3)

provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement;

(4)

provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences;

(5)

implement strategies for the mentoring of teacher candidates by members of the consortium with respect to technology implementation;

(6)

evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project;

(7)

build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and

(8)

evaluate the effectiveness of the project.

(c)

Uses of funds for transformation grants

In carrying out a project under subsection (a)(2), an eligible consortium shall—

(1)

redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates;

(2)

collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate preservice teachers who can integrate technology and pedagogical skills in content areas;

(3)

collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to preservice teachers to—

(A)

develop and implement a plan for preservice teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching and learning process; and

(B)

better reach underrepresented preservice teacher populations with programs that connect such preservice teacher populations with applications of technology;

(4)

collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student academic achievement in high-need schools;

(5)

provide additional technology resources for preservice teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and

(6)

bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice.

233.

Application requirements

To be eligible to receive a grant or enter into a contract or cooperative agreement under this subpart, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following:

(1)

A description of the project to be carried out with the grant, including how the project will—

(A)

develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects preservice preparation of teacher candidates with high-need schools; or

(B)

transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.

(2)

A demonstration of—

(A)

the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and

(B)

the support of the leadership of each organization that is a member of the consortium for the proposed project.

(3)

A description of how each member of the consortium will participate in the project.

(4)

A description of how the State educational agency or local educational agency will incorporate the project into the agency’s technology plan, if such a plan already exists.

(5)

A description of how the project will be continued after Federal funds are no longer available under this subpart for the project.

(6)

A description of how the project will incorporate—

(A)

State teacher technology standards; and

(B)

State student technology standards.

(7)

A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives.

234.

Evaluation

Not less than ten percent of the funds awarded to an eligible consortium to carry out a project under this subpart shall be used to evaluate the effectiveness of such project.

2

Honorable Augustus F. Hawkins Centers of Excellence

241.

Definitions

In this subpart:

(1)

Eligible institution

The term eligible institution means—

(A)

an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program and that is—

(i)

a part B institution (as defined in section 322);

(ii)

a Hispanic-serving institution (as defined in section 502);

(iii)

a Tribal College or University (as defined in section 316);

(iv)

an Alaska Native-serving institution (as defined in section 317(b));

(v)

a Native Hawaiian-serving institution (as defined in section 317(b));

(vi)

a Predominantly Black Institution (as defined in section 318);

(vii)

an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or

(viii)

a Native American-serving, nontribal institution (as defined in section 319);

(B)

a consortium of institutions described in subparagraph (A); or

(C)

an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 242 is located at an institution described in subparagraph (A).

(2)

Scientifically based reading research

The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965.

242.

Augustus F. Hawkins Centers of excellence

(a)

Program authorized

From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence.

(b)

Use of funds

Grants provided by the Secretary under this subpart shall be used to ensure that current and future teachers are highly qualified by carrying out one or more of the following activities:

(1)

Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically valid research, and are able to use advanced technology effectively in the classroom, including use of instructional techniques to improve student academic achievement, by—

(A)

retraining or recruiting faculty; and

(B)

designing (or redesigning) teacher preparation programs that—

(i)

prepare teachers to serve in low-performing schools and close student achievement gaps, and that are based on rigorous academic content, scientifically valid research (including scientifically based reading research and mathematics research, as it becomes available), and challenging State academic content standards and student academic achievement standards; and

(ii)

promote strong teaching skills.

(2)

Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction.

(3)

Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide—

(A)

teacher or principal mentoring from exemplary teachers or principals, respectively; or

(B)

induction and support for teachers and principals during their first three years of employment as teachers or principals, respectively.

(4)

Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program, not to exceed the cost of attendance.

(5)

Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies.

(6)

Activities authorized under section 202.

(c)

Application

Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require.

(d)

Minimum grant amount

The minimum amount of each grant under this subpart shall be $500,000.

(e)

Limitation on administrative expenses

An eligible institution that receives a grant under this subpart may use not more than two percent of the funds provided to administer the grant.

(f)

Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out this subpart.

3

Preparing General Education Teachers to More Effectively Educate Students with Disabilities

251.

Teach to Reach Grants

(a)

Authorization of program

(1)

In general

The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct students with disabilities in general education classrooms.

(2)

Duration of grants

A grant under this section shall be awarded for a period of not more than five years.

(3)

Non-Federal share

An eligible partnership that receives a grant under this section shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind.

(b)

Definition of eligible partnership

In this section, the term eligible partnership means a partnership that—

(1)

shall include—

(A)

one or more departments or programs at an institution of higher education—

(i)

that prepare elementary or secondary general education teachers;

(ii)

that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification; and

(iii)

the graduates of which are highly qualified;

(B)

a department or program of special education at an institution of higher education;

(C)

a department or program at an institution of higher education that provides degrees in core academic subjects; and

(D)

a high-need local educational agency; and

(2)

may include a department or program of mathematics, earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers.

(c)

Activities

An eligible partnership that receives a grant under this section—

(1)

shall use the grant funds to—

(A)

develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating special education strategies into the general education curriculum and academic content;

(B)

provide teacher candidates participating in the program under subparagraph (A) with skills related to—

(i)

response to intervention, positive behavioral interventions and supports, differentiated instruction, and data driven instruction;

(ii)

universal design for learning;

(iii)

determining and utilizing accommodations for instruction and assessments;

(iv)

collaborating with special educators, related services providers, and parents, including participation in individualized education program development and implementation; and

(v)

appropriately utilizing technology and assistive technology for students with disabilities; and

(C)

provide extensive clinical experience for participants described in subparagraph (B) with mentoring and induction support throughout the program that continues during the first two years of full-time teaching; and

(2)

may use grant funds to develop and administer alternate assessments of students with disabilities.

(d)

Application

An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—

(1)

a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities; and

(2)

an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach after completion of the program under subsection (c)(1).

(e)

Peer review

The Secretary shall convene a peer review committee to review applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. Members of the peer review committee shall be recognized experts in the fields of special education, teacher preparation, and general education and shall not be in a position to benefit financially from any grants awarded under this section.

(f)

Evaluations

(1)

By the partnership

(A)

In general

An eligible partnership receiving a grant under this section shall conduct an evaluation at the end of the grant period to determine—

(i)

the effectiveness of the general education teachers who completed a program under subsection (c)(1) with respect to instruction of students with disabilities in general education classrooms; and

(ii)

the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools.

(B)

Report to the secretary

Each eligible partnership performing an evaluation under subparagraph (A) shall report the findings of such evaluation to the Secretary.

(2)

Report by the Secretary

Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to Congress and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms.

4

Adjunct teacher corps

255.

Adjunct Teacher Corps

(a)

Purpose

The purpose of this section is to create opportunities for professionals and other individuals with subject matter expertise in mathematics, science, or critical foreign languages to provide such subject matter expertise to secondary school students on an adjunct basis.

(b)

Program authorized

The Secretary is authorized to award grants on a competitive basis to eligible entities to identify, recruit, and train qualified individuals with subject matter expertise in mathematics, science, or critical foreign languages to serve as adjunct content specialists.

(c)

Duration of grants

The Secretary may award grants under this section for a period of not more than five years.

(d)

Eligible entity

In this section, the term eligible entity means—

(1)

a local educational agency; or

(2)

a partnership consisting of a local educational agency, serving as a fiscal agent, and a public or private educational organization or business.

(e)

Uses of funds

An eligible entity that receives a grant under this section is authorized to use such grant to carry out one or both of the following activities:

(1)

To develop the capacity of the eligible entity to identify, recruit, and train individuals with subject matter expertise in mathematics, science, or critical foreign languages who are not employed in the elementary and secondary education system (including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct content specialists.

(2)

To provide preservice training and on-going professional development to adjunct content specialists.

(f)

Applications

(1)

Application required

An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2)

Contents

An application submitted under paragraph (1) shall include—

(A)

a description of—

(i)

the need for, and expected benefits of using, adjunct content specialists in the schools served by the local educational agency, which may include information on the difficulty the local educational agency faces in recruiting qualified faculty in mathematics, science, and critical foreign language courses;

(ii)

measurable objectives for the activities supported by the grant, including the number of adjunct content specialists the eligible entity intends to place in schools and classrooms, and the gains in academic achievement expected as a result of the addition of such specialists;

(iii)

how the eligible entity will establish criteria for and recruit the most qualified individuals and public or private organizations and businesses to participate in the activities supported by the grant;

(iv)

how the eligible entity will provide preservice training and on-going professional development to adjunct content specialists to ensure that such specialists have the capacity to serve effectively;

(v)

how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of the activities supported by the grant; and

(vi)

how the eligible entity will support and continue the activities supported by the grant after the grant has expired, including how such entity will seek support from other sources, such as State and local government and the private sector; and

(B)

an assurance that the use of adjunct content specialists will not result in the displacement or transfer of currently employed teachers nor a reduction in the number of overall teachers in the district.

(g)

Priorities

In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate in the application for such a grant a plan to—

(1)

serve the schools served by the local educational agency that have a large number or percentage of students performing below grade level in mathematics, science, or critical foreign language courses;

(2)

serve local educational agencies that have a large number or percentage of students from low-income families; and

(3)

recruit and train individuals to serve as adjunct content specialists in schools that have an insufficient number of teachers in mathematics, science, or critical foreign languages.

(h)

Matching requirement

Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of such grant (in cash or in kind) to carry out the activities supported by such grant.

(i)

Performance report

Each eligible entity receiving a grant under this section shall prepare and submit to the Secretary a final report on the results of the activities supported by such grant, which shall contain such information as the Secretary may require, including any improvements in student academic achievement as a result of the use of adjunct content specialists.

(j)

Evaluation

The Secretary shall evaluate the activities supported by grants under this section, including the impact of such activities on student academic achievement, and shall report the results of such evaluation to the authorizing committees.

(k)

Definition

In this section, the term adjunct content specialist means an individual who—

(1)

meets the requirements of section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965;

(2)

has demonstrated expertise in mathematics, science, or a critical foreign language, as determined by the local educational agency; and

(3)

is not the primary provider of instructional services to a student, unless the adjunct content specialist is under the direct supervision of a teacher who meets the requirements of section 9101(23) of such Act.

5

Graduate fellowships to prepare faculty in high-need areas at colleges of education

258.

Graduate fellowships to prepare faculty in high-need areas at colleges of education

(a)

Grants by secretary

The Secretary shall make grants to eligible institutions to enable such institutions to make graduate fellowship awards to qualified individuals in accordance with the provisions of this section.

(b)

Eligible institutions

In this section, the term eligible institution means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a doctoral degree.

(c)

Applications

An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(d)

Types of fellowships supported

(1)

In general

An eligible institution that receives a grant under this section shall use the grant funds to provide graduate fellowships to individuals who are preparing for the professorate in order to prepare individuals to become highly qualified elementary school and secondary school mathematics and science teachers, special education teachers, and teachers who provide instruction for limited English proficient students.

(2)

Types of study

A graduate fellowship provided under this section shall support an individual in pursuing postbaccalaureate study, which leads to a doctoral degree and may include a master's degree as part of such study, related to teacher preparation and pedagogy in one of the following areas:

(A)

Science, technology, engineering, or mathematics, if the individual has completed a master's degree in mathematics or science and is pursuing a doctoral degree in mathematics, science, or education.

(B)

Special education.

(C)

The instruction of limited English proficient students, including postbaccalaureate study in language instruction educational programs.

(e)

Fellowship terms and conditions

(1)

Selection of fellows

The Secretary shall ensure that an eligible institution that receives a grant under this section—

(A)

shall provide graduate fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation program; and

(B)

may not provide a graduate fellowship to an otherwise eligible individual—

(i)

during periods in which such individual is enrolled at an institution of higher education unless such individual is maintaining satisfactory academic progress in, and devoting full-time study or research to, the pursuit of the degree for which the fellowship support was provided; or

(ii)

if the individual is engaged in gainful employment, other than part-time employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the individuals's progress toward the degree for which the fellowship support was provided.

(2)

Amount of fellowship awards

(A)

In general

An eligible institution that receives a grant under this section shall award stipends to individuals who are provided graduate fellowships under this section.

(B)

Awards based on need

A stipend provided under this section shall be in an amount equal to the level of support provided by the National Science Foundation graduate fellowships, except that such stipend shall be adjusted as necessary so as not to exceed the fellowship recipient's demonstrated need, as determined by the institution of higher education where the fellowship recipient is enrolled.

(3)

Service requirement

(A)

Teaching required

Each individual who receives a graduate fellowship under this section and earns a doctoral degree shall teach for one year at an institution of higher education that has a teacher preparation program for each year of fellowship support received under this section.

(B)

Institutional obligation

Each eligible institution that receives a grant under this section shall provide an assurance to the Secretary that the institution has inquired of and determined the decision of each individual who has received a graduate fellowship to, within three years of receiving a doctoral degree, begin employment at an institution of higher education that has a teacher preparation program, as required by this section.

(C)

Agreement required

Prior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A).

(D)

Failure to comply

If an individual who receives a graduate fellowship award under this section fails to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.

(E)

Modified service requirement

The Secretary may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if compliance by the fellowship recipient is determined to be inequitable or represent a substantial hardship—

(i)

because the individual is permanently and totally disabled at the time of the waiver request; or

(ii)

based on documentation presented to the Secretary of substantial economic or personal hardship.

(f)

Institutional support for fellows

An eligible institution that receives a grant under this section may reserve not more than ten percent of the grant amount for academic and career transition support for graduate fellowship recipients and for meeting the institutional obligation described in subsection (e)(3)(B).

(g)

Restriction on use of funds

An eligible institution that receives a grant under this section may not use grant funds for general operational overhead of the institution.

C

General provisions

261.

Limitations

(a)

Federal control prohibited

Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title.

(b)

No change in state control encouraged or required

Nothing in this title shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law.

(c)

National system of teacher certification or licensure prohibited

Nothing in this title shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure.

(d)

Rule of construction

Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

.

III

Institutional aid

301.

Program purpose

Section 311 (20 U.S.C. 1057) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking 351 and inserting 391; and

(B)

in paragraph (3)(F), by inserting , including services that will assist in the education of special populations before the period; and

(2)

in subsection (c)—

(A)

in paragraph (6), by inserting , including innovative, customized, instruction courses designed to help retain students and move the students rapidly into core courses and through program completion, which may include remedial education and English language instruction before the period;

(B)

by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively;

(C)

by inserting after paragraph (6) the following:

(7)

Education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.

;

(D)

in paragraph (12) (as redesignated by subparagraph (B)), by striking distance learning academic instruction capabilities and inserting distance education technologies; and

(E)

in the matter preceding subparagraph (A) of paragraph (13) (as redesignated by subparagraph (B)), by striking subsection (c) and inserting subsection (b) and section 391.

302.

Definitions; eligibility

Section 312 (20 U.S.C. 1058) is amended—

(1)

in subsection (b)(1)(A), by striking subsection (c) of this section and inserting subsection (d);

(2)

in subsection (d)(2), by striking subdivision and inserting paragraph;

(3)

by redesignating subsection (g) as subsection (h); and

(4)

by inserting after subsection (f) the following:

(g)

Low-income individual

For the purpose of this part, the term low-income individual means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.

.

303.

American Indian tribally controlled colleges and universities

Section 316 (20 U.S.C. 1059c) is amended—

(1)

by striking subsection (b)(3) and inserting the following:

(3)

Tribal college or university

The term Tribal College or University means an institution that—

(A)

qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a note); or

(B)

is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note).

;

(2)

in subsection (c)(2)—

(A)

by striking subparagraph (B) and inserting the following:

(B)

construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;

;

(B)

in subparagraph (C), by inserting before the semicolon at the end the following: or in tribal governance or tribal public policy;

(C)

in subparagraph (D), by inserting before the semicolon the following: and instruction in tribal governance or tribal public policy;

(D)

by redesignating subparagraphs (G), (H), (I), (J), (K), and (L) as subparagraphs (H), (I), (J), (K), (L), and (N), respectively;

(E)

by inserting after subparagraph (F) the following:

(G)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students' families;

;

(F)

in subparagraph (L) (as redesignated by subparagraph (D)), by striking and after the semicolon;

(G)

by inserting after subparagraph (L) (as redesignated by subparagraph (D) and amended by subparagraph (F)) the following:

(M)

developing or improving facilities for Internet use or other distance education technologies; and

; and

(H)

in subparagraph (N) (as redesignated by subparagraph (D)), by striking subparagraphs (A) through (K) and inserting subparagraphs (A) through (M); and

(3)

by striking subsection (d) and inserting the following:

(d)

Application, Plan, and Allocation

(1)

Institutional eligibility

To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b).

(2)

Application

(A)

In general

A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(B)

Streamlined process

The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.

(3)

Awards and allocations to institutions

(A)

Construction grants

(i)

In general

Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.

(ii)

Preference

In providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this section for a previous fiscal year.

(B)

Allotment of remaining funds

(i)

In general

Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:

(I)

60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and Universities.

(II)

The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.

(ii)

Minimum grant

The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.

(4)

Special rules

(A)

Concurrent funding

No Tribal College or University that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of title V.

(B)

Exemption

Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.

.

304.

Alaska Native and Native Hawaiian-serving institutions

Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended—

(1)

in subparagraph (G), by striking and after the semicolon;

(2)

in subparagraph (H), by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(I)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.

.

305.

Predominantly Black Institutions

(a)

In general

Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding at the end the following:

318.

Predominantly Black Institutions

(a)

Purpose

It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.

(b)

Definitions

In this section:

(1)

Eligible institution

The term eligible institution means an institution of higher education that—

(A)

has an enrollment of needy undergraduate students;

(B)

has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 392(b) to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 312(b)(1)(B);

(C)

has an enrollment of undergraduate students that is not less than 40 percent Black American students;

(D)

is legally authorized to provide, and provides, within the State an educational program for which the institution of higher education awards a baccalaureate degree or, in the case of a junior or community college, an associate’s degree;

(E)

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

(F)

is not receiving assistance under part B or part A of title V.

(2)

Enrollment of needy students

The term enrollment of needy students means the enrollment at an eligible institution with 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 Pell Grant 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 Secondary Education Act of 1965 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 Secretary (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 1113(a)(5) of such Act exceeds 30 percent of the total enrollment of such school; or

(D)

are first-generation college students and a majority of such first-generation college students are low-income individuals.

(3)

First-generation college student

The term first-generation college student has the meaning given the term in section 402A(h).

(4)

Low-income individual

The term low-income individual has the meaning given such term in section 402A(h).

(5)

Means-tested Federal benefit program

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 seeking the benefit.

(6)

Predominantly Black 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 undergraduate 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 undergraduate 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.

(c)

Grant authority

(1)

In general

The Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d).

(2)

Priority

In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C).

(d)

Authorized Activities

(1)

Required activities

Grant funds provided under this section shall be used—

(A)

to assist the Predominantly Black Institution to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;

(B)

to expand higher education opportunities for students eligible to participate in programs under title IV by encouraging college preparation and student persistence in secondary school and postsecondary education; and

(C)

to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students described in subparagraphs (A) and (B).

(2)

Additional activities

Grant funds provided under this section shall be used for one or more of the following activities:

(A)

The activities described in paragraphs (1) through (12) of section 311(c).

(B)

Academic instruction in disciplines in which Black Americans are underrepresented.

(C)

Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary school or secondary school in the State that shall include, as part of such program, preparation for teacher certification or licensure.

(D)

Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education.

(E)

Other activities proposed in the application submitted pursuant to subsection (f) that—

(i)

contribute to carrying out the purpose of this section; and

(ii)

are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).

(3)

Endowment Fund

(A)

In general

A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.

(B)

Matching requirement

In order to be eligible to use grant funds in accordance with subparagraph (A), a Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.

(C)

Comparability

The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).

(4)

Limitation

Not more than 50 percent of the grant funds provided to a Predominantly Black Institution under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.

(e)

Allotments to Predominantly Black Institutions

(1)

Federal Pell Grant basis

From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year.

(2)

Graduates basis

From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.

(3)

Graduates seeking a higher degree basis

From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate's degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.

(4)

Minimum allotment

(A)

In general

Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.

(B)

Insufficient amount

If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A).

(5)

Reallotment

The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.

(f)

Applications

Each Predominantly Black Institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(g)

Application review process

Section 393 shall not apply to applications under this section.

(h)

Duration and carryover

Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.

(i)

Special rule on eligibility

No Predominantly Black Institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of title V.

.

(b)

Conforming amendment

Section 312(d) (20 U.S.C. 1058(d)) is amended by striking For the purpose and inserting Except as provided in section 318(b), for the purpose.

306.

Native American-serving, nontribal institutions

Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding after section 318 (as added by section 305 of this Act) the following:

319.

Native American-serving, nontribal institutions

(a)

Program Authorized

The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans and low-income individuals.

(b)

Definitions

In this section:

(1)

Native American

The term Native American means an individual who is of a tribe, people, or culture that is indigenous to the United States.

(2)

Native American-serving, nontribal institution

The term Native American-serving, nontribal institution means an institution of higher education, as defined in section 101(a), that, at the time of application—

(A)

is an eligible institution under section 312(b);

(B)

has an enrollment of undergraduate students that is not less than 10 percent Native American students; and

(C)

is not a Tribal College or University (as defined in section 316).

(c)

Authorized activities

(1)

Types of activities authorized

Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans and low-income individuals.

(2)

Examples of authorized activities

Such programs may include—

(A)

the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B)

renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C)

support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;

(D)

curriculum development and academic instruction;

(E)

the purchase of library books, periodicals, microfilm, and other educational materials;

(F)

funds and administrative management, and acquisition of equipment for use in strengthening funds management;

(G)

the joint use of facilities such as laboratories and libraries;

(H)

academic tutoring and counseling programs and student support services; and

(I)

education or counseling services designed to improve the financial and economic literacy of students or the students' families.

(d)

Application process

(1)

Institutional eligibility

A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may reasonably require.

(2)

Applications

(A)

Authority to submit applications

Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary.

(B)

Simplified and streamlined format

The Secretary shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.

(C)

Content

An application submitted under subparagraph (A) shall include—

(i)

a five-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans and low-income individuals; and

(ii)

such other information and assurances as the Secretary may reasonably require.

(3)

Special rules

(A)

Eligibility

No Native American-serving, nontribal institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of title V.

(B)

Exemption

Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.

(C)

Distribution

In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.

(D)

Minimum grant Amount

The minimum amount of a grant under this section shall be $200,000.

.

307.

Assistance to Asian American and Native American Pacific Islander-serving institutions

Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding after section 319 (as added by section 306 of this Act) the following:

320.

Asian American and Native American Pacific Islander-serving institutions

(a)

Program authorized

The Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.

(b)

Definitions

In this section:

(1)

Asian American

The term Asian American has the meaning given the term Asian in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).

(2)

Asian American and Native American Pacific Islander-serving institution

The term Asian American and Native American Pacific Islander-serving institution means an institution of higher education that—

(A)

is an eligible institution under section 312(b); and

(B)

at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander.

(3)

Native American Pacific Islander

The term Native American Pacific Islander means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.

(c)

Authorized activities

(1)

Types of activities authorized

Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.

(2)

Examples of authorized activities

Such programs may include—

(A)

purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B)

renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C)

support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;

(D)

curriculum development and academic instruction;

(E)

purchase of library books, periodicals, microfilm, and other educational materials;

(F)

funds and administrative management, and acquisition of equipment for use in strengthening funds management;

(G)

joint use of facilities such as laboratories and libraries;

(H)

academic tutoring and counseling programs and student support services;

(I)

establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;

(J)

establishing or improving an endowment fund;

(K)

academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are underrepresented;

(L)

conducting research and data collection for Asian American and Native American Pacific Islander populations and subpopulations;

(M)

establishing partnerships with community-based organizations serving Asian Americans and Native American Pacific Islanders; and

(N)

education or counseling services designed to improve the financial and economic literacy of students or the students' families.

(d)

Application process

(1)

Institutional eligibility

Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require.

(2)

Applications

Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such application shall include—

(A)

a five-year plan for improving the assistance provided by the Asian American and Native American Pacific Islander-serving institution to Asian American and Native American Pacific Islander students and low-income individuals; and

(B)

such other information and assurances as the Secretary may reasonably require.

(3)

Special rules

(A)

Eligibility

No Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or title V.

(B)

Exemption

Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.

(C)

Distribution

In awarding grants under this section, the Secretary shall—

(i)

to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and

(ii)

give priority consideration to institutions for which not less than 10 percent of such institution's Asian American and Native American Pacific Islander students are low-income individuals.

.

308.

Part B definitions

Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting , in consultation with the Commissioner for Education Statistics before and the Commissioner.

309.

Grants to institutions

Section 323(a) (20 U.S.C. 1062(a)) is amended—

(1)

in the matter preceding paragraph (1), by striking 360(a)(2) and inserting 399(a)(2);

(2)

by redesignating paragraph (12) as paragraphs (15); and

(3)

by inserting after paragraph (11) the following:

(12)

Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.

(13)

Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under title IV.

(14)

Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.

.

310.

Allotments

(a)

Minimum allotment

Subsection (d) of section 324 (20 U.S.C. 1063(d)) is amended to read as follows:

(d)

Minimum allotment

Notwithstanding subsections (a) through (c), and subject to subsection (h), if the amount of an award under this section for a part B institution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be—

(1)

an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; and

(2)

an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000.

.

(b)

Conditions for allotments

Section 324 (20 U.S.C. 1063) is further amended by adding at the end the following new subsection:

(h)

Conditions for allotments

(1)

Student requirements for allotment

Notwithstanding any other provision of this section, a part B institution that would otherwise be eligible for funds under this part shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the part B institution, in the academic year preceding such fiscal year—

(A)

did not have any enrolled students who were Pell Grant recipients;

(B)

did not graduate any students; or

(C)

where appropriate, did not have any students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented.

(2)

Data requirements for allotments

Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), unless the institution provides the Secretary with the data required by the Secretary and for purposes of the formula described in subsections (a) through (c), including—

(A)

the number of Pell Grant recipients enrolled in the part B institution in the academic year preceding such fiscal year;

(B)

the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year preceding such fiscal year; and

(C)

where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented in the academic year preceding such fiscal year.

.

311.

Professional or graduate institutions

(a)

Duration of grant

Section 326(b) (20 U.S.C. 1063b(b)) is amended by adding at the end the following: Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period..

(b)

Authorized activities

Section 326(c) (20 U.S.C. 1063b(c)) is amended—

(1)

in paragraph (5), by striking establish or improve and inserting establishing or improving;

(2)

in paragraph (6)—

(A)

by striking assist and inserting assisting; and

(B)

by striking and after the semicolon;

(3)

by striking the period at the end of paragraph (7) and inserting a semicolon; and

(4)

by adding at the end the following:

(8)

acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or addition to or improvement of campus facilities;

(9)

education or financial information designed to improve the financial literacy and economic literacy of students or the students' families, especially with regard to student indebtedness and student assistance programs under title IV;

(10)

services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose;

(11)

tutoring, counseling, and student service programs designed to improve academic success; and

(12)

other activities proposed in the application submitted under subsection (d) that—

(A)

contribute to carrying out the purposes of this part; and

(B)

are approved by the Secretary as part of the review and acceptance of such application.

.

(c)

Eligibility

(1)

In general

Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended—

(A)

in the matter preceding subparagraph (A), by inserting a colon after the following;

(B)

in subparagraph (Q), by striking and at the end;

(C)

in subparagraph (R), by striking the period at the end and inserting a semicolon; and

(D)

by adding at the end the following:

(S)

Alabama State University qualified graduate programs;

(T)

Prairie View A&M University qualified graduate programs;

(U)

Delaware State University qualified graduate programs;

(V)

Langston University qualified graduate programs;

(W)

Bowie State University qualified graduate programs; and

(X)

University of the District of Columbia David A. Clarke School of Law.

.

(2)

Conforming amendment

Section 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended—

(A)

by striking 1998 and inserting 2008; and

(B)

by striking (Q) and (R) and inserting (S) through (X).

(3)

Additional eligibility changes

Section 326(e)(2)(A) (20 U.S.C. 1063b(e)(2)(A)) is amended—

(A)

by inserting in law or after instruction; and

(B)

by striking mathematics, or and inserting mathematics, psychometrics, or.

(4)

One grant per institution

Section 326(e)(4) (20 U.S.C. 1063b(e)(4)) is amended by striking or university system.

(d)

Funding rule

Section 326(f) (20 U.S.C. 1063b(f)) is amended—

(1)

in paragraph (1)—

(A)

by striking $26,600,000 and inserting $56,900,000; and

(B)

by striking (P) and inserting (R);

(2)

in paragraph (2)—

(A)

by striking $26,600,000, but not in excess of $28,600,000 and inserting $56,900,000, but not in excess of $62,900,000; and

(B)

by striking subparagraphs (Q) and (R) and inserting subparagraphs (S) through (X); and

(3)

in the matter preceding subparagraph (A) of paragraph (3)—

(A)

by striking $28,600,000 and inserting $62,900,000; and

(B)

by striking (R) and inserting (X).

(e)

Hold harmless rule

Section 326(g) (20 U.S.C. 1063(g)) is amended by striking 1998 each place it appears and inserting 2008.

(f)

Interaction with other grant programs

Section 326 (as amended by this section) (20 U.S.C. 1063) is further amended by adding at the end the following:

(h)

Interaction with other grant programs

No institution that is eligible for and receives an award under section 512, 723, or 724 for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.

.

312.

Unexpended funds

Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as follows:

(b)

Use of unexpended funds

Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the five-year period following the date of the initial grant award, may be carried over and expended during the succeeding five-year period, if such funds were obligated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award.

.

313.

Endowment Challenge Grants

(a)

Amounts

Section 331(b) (20 U.S.C. 1065(b)) is amended—

(1)

in paragraph (2)(B)(i), by striking $500,000 and inserting $1,000,000; and

(2)

in paragraph (5), by striking $50,000 and inserting $100,000.

(b)

Technical Assistance

Section 331 (20 U.S.C. 1065) is further amended by adding at the end the following:

(i)

Technical assistance

The Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this section.

.

314.

Historically Black College and University Capital Financing

(a)

Definitions

Section 342 (20 U.S.C. 1066a) is amended—

(1)

in paragraph (5)(G), by striking by a nationally recognized accrediting agency or association and inserting by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of title IV; and

(2)

in paragraph (8), by inserting capital project after issuing taxable.

(b)

Federal Insurance for Bonds

Section 343(b) (20 U.S.C. 1066b(b)) is amended—

(1)

in paragraph (8)(B)(ii)—

(A)

by striking 10 and inserting 5; and

(B)

by inserting within 120 days after loan proceeds;

(2)

in paragraph (10), by striking and after the semicolon;

(3)

in paragraph (11), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following:

(12)

limit loan collateralization, with respect to any loan made under this part, to 100 percent of the loan amount, except as otherwise required by the Secretary.

.

(c)

Limitations on Federal insurance for bonds issued by the designated bonding authority

Section 344(a) (20 U.S.C. 1066c(a)) is amended—

(1)

in the matter preceding paragraph (1), by striking $375,000,000 and inserting $1,100,000,000;

(2)

in paragraph (1), by striking $250,000,000 and inserting $733,333,333; and

(3)

in paragraph (2), by striking $125,000,000 and inserting $366,666,667.

(d)

Authority of the Secretary

Section 345 (20 U.S.C. 1066d) is amended—

(1)

in paragraph (1), by striking enactment of the Higher Education Amendments of 1992, and inserting the date of enactment of the Higher Education Opportunity Act,;

(2)

by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively;

(3)

by inserting after paragraph (1) the following:

(2)

shall ensure that—

(A)

the selection process for the designated bonding authority is conducted on a competitive basis; and

(B)

the evaluation and selection process is transparent;

(3)

shall—

(A)

review the performance of the designated bonding authority after the third year of the insurance agreement; and

(B)

following the review described in subparagraph (A), implement a revised competitive selection process, if determined necessary by the Secretary in consultation with the Advisory Board established pursuant to section 347;

;

(4)

in paragraph (8) (as redesignated by paragraph (2)), by striking and after the semicolon;

(5)

in paragraph (9) (as redesignated by paragraph (2)), by striking the period at the end and inserting ; and; and

(6)

by adding at the end the following:

(10)

not later than 120 days after the date of enactment of the Higher Education Opportunity Act, shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.

.

(e)

HBCU Capital Financing Advisory Board

Section 347 (20 U.S.C. 1066f) is amended—

(1)

in subsection (b)(1)—

(A)

by striking out 9 members and inserting 11 members;

(B)

in subparagraph (C), by striking Two and inserting Three; and

(C)

by adding at the end the following:

(G)

The president of the Thurgood Marshall College Fund, or the designee of the president.

; and

(2)

by adding at the end the following:

(c)

Additional recommendations from advisory board

(1)

In general

In addition to the responsibilities of the Advisory Board described in subsection (a), the Advisory Board shall advise the Secretary and the authorizing committees regarding—

(A)

the fiscal status and strategic financial condition of not less than ten historically Black colleges and universities that have—

(i)

obtained construction financing through the program under this part and seek additional financing or refinancing under such program; or

(ii)

applied for construction financing through the program under this part but have not received financing under such program; and

(B)

the feasibility of reducing borrowing costs associated with the program under this part, including reducing interest rates.

(2)

Report

Not later than six months after the date of enactment of the Higher Education Opportunity Act, the Advisory Board shall prepare and submit a report to the authorizing committees regarding the historically Black colleges and universities described in paragraph (1)(A) that includes administrative and legislative recommendations for addressing the issues related to construction financing facing such historically Black colleges and universities.

.

315.

Programs in STEM fields

(a)

YES Partnerships; Entry into STEM fields

Part E of title III (20 U.S.C. 1067 et seq.) is amended—

(1)

by redesignating subpart 2 as subpart 3; and

(2)

by inserting after subpart 1 the following new subpart:

2

Programs in STEM fields

355.

YES Partnerships grant program

(a)

Grant program authorized

Subject to the availability of appropriations to carry out this subpart, the Secretary shall make grants to eligible partnerships (as described in subsection (f)) to support the engagement of underrepresented minority youth and youth who are low-income individuals (as such term is defined in section 302) in science, technology, engineering, and mathematics through outreach and hands-on, experiential-based learning projects that encourage students in kindergarten through grade 12 who are underrepresented minority youth or low-income individuals to pursue careers in science, technology, engineering, and mathematics.

(b)

Minimum grant amount

A grant awarded to a partnership under this subpart shall be for an amount that is not less than $500,000.

(c)

Duration

A grant awarded under this subpart shall be for a period of five years.

(d)

Non-Federal matching share required

A partnership receiving a grant under this subpart shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 50 percent of the costs of the project supported by such grant.

(e)

Distribution of grants

In awarding grants under this subpart, the Secretary shall ensure that, to the maximum extent practicable, the projects funded under this subpart are located in diverse geographic regions of the United States.

(f)

Eligible Partnerships

Notwithstanding the general eligibility provision in section 361, eligibility to receive grants under this subpart is limited to partnerships described in paragraph (5) of such section.

356.

Promotion of entry into STEM fields

(a)

Authority To contract, subject to appropriations

The Secretary is authorized to enter into a contract with a firm with a demonstrated record of success in advertising to implement a campaign to expand the population of qualified individuals in science, technology, engineering, and mathematics fields (referred to in this section as STEM fields) by encouraging young Americans to enter such fields.

(b)

Design of campaign

The campaign under this section shall be designed to enhance the image of education and professions in the STEM fields and promote participation in the STEM fields, and may include—

(1)

monitoring trends in youths' attitudes toward pursuing education and professions in the STEM fields and their propensity toward entering the STEM fields;

(2)

determining what factors contribute to encouraging and discouraging Americans from pursuing study in STEM fields and entering the STEM fields professionally;

(3)

determining what specific factors limit the participation of groups currently underrepresented in STEM fields, including Latinos, African-Americans, and women; and

(4)

drawing from the market research performed under this section and implementing an advertising campaign to encourage young Americans to take up studies in STEM fields, beginning at an early age.

(c)

Required components

The campaign under this section shall—

(1)

include components that focus tailored messages on appropriate age groups, starting with elementary school students; and

(2)

link participation in the STEM fields to the concept of service to one’s country, so that young people will be encouraged to enter the STEM fields in order fulfill the obligation to be of service to their country.

(d)

Priority

The campaign under this section shall hold as a high priority making specific appeals to Hispanic Americans, African Americans, Native Americans, students with disabilities, and women, who are currently underrepresented in the STEM fields, in order to increase their numbers in the STEM fields, and shall tailor recruitment efforts to each specific group.

(e)

Use of variety of media

The campaign under this section shall make use of a variety of media, with an emphasis on television advertising, to reach its intended audience.

(f)

Teaching

The campaign under this section shall include a narrowly focused effort to attract current professionals in the STEM fields, through advertising in mediums likely to reach that specific group, into teaching in a STEM field in elementary schools and secondary schools.

357.

Evaluation and accountability plan

The Secretary shall develop an evaluation and accountability plan for projects funded under this subpart. Such plan shall include, if the Secretary determines that it is practical, an objective measure of the impact of such projects, such as a measure of whether underrepresented minority student enrollment in courses related to science, technology, engineering, and mathematics increases at the secondary and postsecondary levels.

.

(b)

Eligibility for grants

Section 361 (20 U.S.C. 1067g) is amended—

(1)

by striking or at the end of paragraph (3)(B);

(2)

in paragraph (4)—

(A)

in subparagraph (A), by striking institutions of higher education and inserting public and private nonprofit institutions of higher education;

(B)

in subparagraph (C), by inserting before the semicolon the following: , the Department of Defense, or the National Institutes of Health;

(C)

by striking subparagraph (D) and inserting the following:

(D)

relevant offices of the National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, National Science Foundation, and National Institute of Standards and Technology;

;

(D)

by striking the period at the end of subparagraph (E) and inserting ; or; and

(E)

by adding at the end the following:

(F)

institutions of higher education that have State-sponsored centers for research in science, technology, engineering, and mathematics; or

; and

(3)

by adding at the end the following:

(5)

only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include—

(A)

at least one institution of higher education eligible for assistance under this title or title V;

(B)

at least one high-need local educational agency (as defined in section 200); and

(C)

at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, or State agencies.

.

316.

Investing in Historically Black Colleges and universities and other minority-serving institutions

(a)

Redesignation and relocation

The Act (20 U.S.C. 1001 et seq.) is further amended—

(1)

by redesignating part F of title III as part G of title III;

(2)

by redesignating part J of title IV (as added by section 802 of the College Cost Reduction and Access Act) as part F of title III, and moving such part so that such part follows part E of title III; and

(3)

by redesignating section 499A (as added by section 802 of such Act) as section 371.

(b)

Conforming amendments

Section 371 (as redesignated by subsection (a)(3)) is amended—

(1)

in subsection (b)(2)(C)(i), by striking title III each place the term appears and inserting this title; and

(2)

in subsection (c)(9)(F), by striking title III and inserting this title.

(c)

Availability of funds

Paragraph (1) of section 371(b) (as redesignated by subsection (a)(3)) is amended to read as follows:

(1)

In general

(A)

Provision of funds

There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $255,000,000 for each of the fiscal years 2008 and 2009. The authority to award grants under this section shall expire at the end of fiscal year 2009.

(B)

Availability

Funds made available under subparagraph (A) for a fiscal year shall remain available for the next succeeding fiscal year.

.

317.

Technical assistance

Section 391 (20 U.S.C. 1068) is amended by adding at the end the following:

(e)

Technical Assistance

The Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this title.

.

318.

Waiver authority

Section 392 (20 U.S.C. 1068a) is amended by adding at the end the following:

(c)

Waiver authority with respect to institutions located in an area affected by a Gulf hurricane disaster

(1)

Waiver authority

Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance under this title at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 2011 (and may, for each of the fiscal years 2012 and 2013)—

(A)

waive—

(i)

the eligibility data requirements set forth in section 391(d);

(ii)

the wait-out period set forth in section 313(d);

(iii)

the allotment requirements under section 324; and

(iv)

the use of the funding formula developed pursuant to section 326(f)(3);

(B)

waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this title at the time of a Gulf hurricane disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding fiscal years, as necessary; and

(C)

make available to each affected institution an amount that is not less than the amount made available to such institution under this title for fiscal year 2006, except that for any fiscal year for which the funds appropriated for payments under this title are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this title.

(2)

Definitions

In this subsection:

(A)

Affected institution

The term affected institution means an institution of higher education that—

(i)

is—

(I)

a part A institution (which term shall have the meaning given the term eligible institution under section 312(b)); or

(II)

a part B institution, as such term is defined in section 322(2), or as identified in section 326(e);

(ii)

is located in an area affected by a Gulf hurricane disaster; and

(iii)

is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution—

(I)

incurred physical damage;

(II)

has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and

(III)

was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on August 29, 2005.

(B)

Area affected by a Gulf hurricane disaster; Gulf hurricane disaster

The terms area affected by a Gulf hurricane disaster and Gulf hurricane disaster have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat. 2809).

.

319.

Authorization of appropriations

Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as follows:

(a)

Authorizations

(1)

Part a

(A)

There are authorized to be appropriated to carry out part A (other than sections 316 through 320), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out section 316, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(C)

There are authorized to be appropriated to carry out section 317, $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(D)

There are authorized to be appropriated to carry out section 318, $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years.

(E)

There are authorized to be appropriated to carry out section 319, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(F)

There are authorized to be appropriated to carry out section 320, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(2)

Part b

(A)

There are authorized to be appropriated to carry out part B (other than section 326), $375,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out section 326, $125,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(3)

Part c

There are authorized to be appropriated to carry out part C, $10,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(4)

Part d

(A)

There are authorized to be appropriated to carry out part D (other than section 345(9), but including section 347), $185,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out section 345(9) such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(5)

Part e

(A)

There are authorized to be appropriated to carry out subpart 1 of part E, $12,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out subpart 2 of part E, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

.

320.

Technical corrections

Title III (20 U.S.C. 1051 et seq.) is further amended—

(1)

in section 342(5) (20 U.S.C. 1066a(5))—

(A)

in the matter preceding subparagraph (A), by inserting a comma after 344(b); and

(B)

in subparagraph (C), by striking equipment technology,, and inserting equipment, technology,;

(2)

in section 343(e) (20 U.S.C. 1066b(e)), by inserting Sale of Qualified Bonds.— before Notwithstanding;

(3)

in the matter preceding clause (i) of section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking support and inserting supports;

(4)

in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by striking subparagraph (E) and inserting subparagraph (D);

(5)

in the matter preceding subparagraph (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking eligible institutions under part A institutions and inserting eligible institutions under part A; and

(6)

in the matter preceding paragraph (1) of section 396 (20 U.S.C. 1068e), by striking 360 and inserting 399.

IV

Student assistance

A

Grants to students in attendance at institutions of higher education

401.

Federal Pell Grants

(a)

Authorized Maximums

(1)

Amendments

Section 401(b) (20 U.S.C. 1070a(b)) is amended—

(A)

by amending paragraph (2)(A) to read as follows:

(2)
(A)

The amount of the Federal Pell Grant for a student eligible under this part shall be—

(i)

$6,000 for academic year 2009–2010;

(ii)

$6,400 for academic year 2010–2011;

(iii)

$6,800 for academic year 2011–2012;

(iv)

$7,200 for academic year 2012–2013;

(v)

$7,600 for academic year 2013–2014; and

(vi)

$8,000 for academic year 2014–2015,

less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.

;

(B)

by designating the paragraphs following paragraph (2), in the order in which such paragraphs appear, as paragraphs (3) through (8);

(C)

in paragraph (4) (as designated by subparagraph (B)), by striking $400, except and all that follows through the period and inserting ten percent of the maximum basic grant level specified in the appropriate appropriation Act for such academic year, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to or greater than five percent of such level but less than ten percent of such level shall be awarded a Federal Pell grant in the amount of ten percent of such level.;

(D)

by striking paragraph (5) (as designated by subparagraph (B)) and inserting the following:

(5)
(A)

The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student's progress toward a degree or certificate if the student is enrolled—

(i)

on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and

(ii)

in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate.

(B)

In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.

;

(E)

in paragraph (7) (as designated by subparagraph (B)), by inserting before the period the following: or who is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program); and

(F)

in paragraph (8) (as designated by subparagraph (B))—

(i)

by amending subparagraph (D) to read as follows:

(D)

Program requirements and operations otherwise unaffected

Except as provided in subparagraphs (B) and (C), nothing in this paragraph shall be construed to alter the requirements and operations of the Federal Pell Grant Program as authorized under this section, or authorize the imposition of additional requirements or operations for the determination and allocation of Federal Pell Grants under this section.

; and

(ii)

by amending subparagraph (F) to read as follows:

(F)

Availability of funds

The amounts made available by subparagraph (A) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.

.

(2)

Effective date

(A)

In general

Except as provided in subparagraph (B), the amendments made by paragraph (1) shall take effect on July 1, 2009.

(B)

Special Rule

The amendments made by subparagraph (F) of paragraph (1) shall take effect on the date of enactment of this Act.

(b)

Maximum duration of eligibility

Section 401(c) (20 U.S.C. 1070a(c)) is amended by adding at the end the following new paragraph:

(5)

The period during which a student may receive Federal Pell Grants shall not exceed 18 semesters, or the equivalent of 18 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full-time, that only that same fraction of such semester or equivalent shall count towards such duration limits. The provisions of this paragraph shall apply only to a student who receives a Federal Pell Grant for the first time on or after July 1, 2008.

.

(c)

Calculation of Federal Pell Grant eligibility

(1)

Amendment

Section 401(f) (20 U.S.C. 1070a(f)) is amended by adding at the end the following new paragraph:

(4)
(A)

Notwithstanding paragraph (1) or any other provision of this section, the expected family contribution of each student described in subparagraph (B) shall be deemed to be zero for the period during which each such student is eligible to receive a Federal Pell Grant under subsection (c).

(B)

Subparagraph (A) shall apply to any student at an institution of higher education—

(i)

whose parent or guardian was a member of the Armed Forces of the United States who died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; and

(ii)

who was less than 24 years of age, or was enrolled as a full-time or part-time student at an institution of higher education, as of the time of the parent or guardian’s death.

(C)

Notwithstanding any other provision of law, the Secretary of Veterans Affairs and the Secretary of Defense, as appropriate, shall provide the Secretary of Education with information necessary to determine which students meet the requirements of subparagraph (B).

.

(2)

Effective date

The amendment made by paragraph (1) shall take effect on July 1, 2009.

402.

Academic competitiveness grants

(a)

Amendments

(1)

In general

Section 401A (as amended by Public Law 110–227) (20 U.S.C. 1070a–1) is amended—

(A)

in subsection (c)(3)—

(i)

in subparagraph (A), by striking clause (i) and inserting the following:

(i)
(I)

successfully completes, after January 1, 2006, but before July 1, 2009, a rigorous secondary school program of study established by a State or local educational agency and recognized as such by the Secretary; or

(II)

successfully completes, on or after July 1, 2009, a rigorous secondary school program of study that prepares students for college—

(aa)
(AA)

that is recognized as such by the official designated for such recognition consistent with State law; and

(BB)

about which the designated official has reported to the Secretary, at such time as the Secretary may reasonably require, in order to assist financial aid administrators to determine that the student is an eligible student under this section; or

(bb)

that is recognized as such by the Secretary in regulations promulgated to carry out this section, as such regulations were in effect on May 6, 2008; and

; and

(ii)

in subparagraph (B), by striking clause (i) and inserting the following:

(i)
(I)

successfully completes, after January 1, 2005, but before July 1, 2009, a rigorous secondary school program of study established by a State or local educational agency and recognized as such by the Secretary; or

(II)

successfully completes, on or after July 1, 2009, a rigorous secondary school program of study that prepares students for college—

(aa)
(AA)

that is recognized as such by the official designated for such recognition consistent with State law; and

(BB)

about which the designated official has reported to the Secretary, at such time as the Secretary may reasonably require, in order to assist financial aid administrators to determine that the student is an eligible student under this section; or

(bb)

that is recognized as such by the Secretary in regulations promulgated to carry out this section, as such regulations were in effect on May 6, 2008; and

; and

(B)

by amending subsection (e)(2) to read as follows:

(2)

Availability of funds

The amounts made available by paragraph (1) for any fiscal year shall be available from October 1 of that fiscal year and remain available through September 30 of the succeeding fiscal year.

.

(2)

Effective date

The amendment made by paragraph (1)(B) shall take effect on October 1, 2008.

(3)

Effective date amendment

Section 10(b) of the Ensuring Continued Access to Student Loans Act of 2008 is amended by striking January 1 and inserting July 1.

(b)

Waiver of master calendar and negotiated rulemaking requirements

Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to the amendments made by subsection (a), or to any regulations promulgated under those amendments.

(c)

Related amendment to the Ensuring Continued Access to Student Loans Act of 2008

(1)

Amendment

Section 11 of the Ensuring Continued Access to Student Loans Act of 2008 is amended by striking sections 2 through 9 of.

(2)

Effective Date

The amendment made by paragraph (1) shall take effect as if enacted as part of the Ensuring Continued Access to Student Loans Act of 2008.

403.

Federal TRIO Programs

(a)

Program Authority; Authorization of Appropriations

Section 402A (20 U.S.C. 1070a–11) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by inserting including community-based organizations with experience in serving disadvantaged youth after private agencies and organizations; and

(ii)

by striking in exceptional circumstances and inserting , as appropriate to the purposes of the program;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking 4 and inserting 5; and

(ii)

by amending subparagraph (A) to read as follows:

(A)

in order to synchronize the awarding of grants for programs under this chapter, the Secretary may, under such terms as are consistent with the purposes of this chapter, provide a one-time, limited extension of the length of such an award;

; and

(C)

by striking paragraph (3) and inserting the following:

(3)

Minimum grants

Unless the institution or agency requests a smaller amount, an individual grant authorized under this chapter shall be awarded in an amount that is not less than $200,000, except that an individual grant authorized under section 402G shall be awarded in an amount that is not less than $170,000.

;

(2)

in subsection (c)—

(A)

in paragraph (2)—

(i)

by striking (2) Prior Experience.—In and inserting the following:

(2)

Considerations

(A)

Prior Experience

In

;

(ii)

by striking service delivery and inserting high quality service delivery, as determined under subsection (f),; and

(iii)

by adding at the end the following new subparagraph:

(B)

Participant need

In making grants under this chapter, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served to aid such participants in preparing for, enrolling in, or succeeding in postsecondary education, as appropriate to the particular program for which the eligible entity is applying.

;

(B)

in paragraph (3)(B), by striking is not required to and inserting shall not;

(C)

in paragraph (5), by striking campuses and inserting different campuses;

(D)

in paragraph (6), by adding at the end the following new sentence: The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this chapter to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act.; and

(E)

by adding at the end the following:

(8)

Review and notification by the secretary

(A)

Guidance

Not later than 180 days after the date of enactment of the Higher Education Opportunity Act, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this chapter, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this chapter, including—

(i)

the responsibility of applicants to submit materials in a timely manner and in accordance with the processes established by the Secretary under the authority of the General Education Provisions Act;

(ii)

steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;

(iii)

steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;

(iv)

steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this chapter in a thorough and complete manner consistent with applicable Federal law; and

(v)

steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.

(B)

Updated guidance

Not later than 45 days before the date of the commencement of each competition for a grant under this chapter that is held after the expiration of the 180-day period described in subparagraph (A), the Secretary shall update and publish the guidance described in such subparagraph.

(C)

Review

(i)

In general

With respect to any competition for a grant under this chapter, an applicant may request a review by the Secretary if the applicant—

(I)

has evidence of a specific technical, administrative, or scoring error made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and

(II)

has otherwise met all of the requirements for submission of the application.

(ii)

Technical or administrative error

In the case of evidence of a technical or administrative error listed in clause (i)(I), the Secretary shall review such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or administrative error was made by the Department or an agent of the Department, the application of the applicant shall be reconsidered in the peer review process for the applicable grant competition.

(iii)

Scoring error

In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall—

(I)

review such evidence and provide a timely response to the applicant; and

(II)

if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, so as not to interfere with the timely awarding of grants for the applicable grant competition.

(iv)

Error in peer review process

(I)

Referral to secondary review

In the case of a peer review process error listed in clause (i)(I), if the Secretary determines that points were withheld for criteria not required in Federal statute, regulation, or guidance governing a program assisted under this chapter or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel.

(II)

Timely review; replacement score

The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review.

(III)

Composition of secondary review panel

The secondary review panel shall be composed of reviewers each of whom—

(aa)

did not review the application in the original peer review;

(bb)

is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and

(cc)

to extent practicable, has conducted peer reviews in not less than two previous competitions for the grant program that is the subject of such secondary review.

(IV)

Final score

The final peer review score of an application subject to a secondary review under this clause shall be adjusted appropriately and quickly using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition.

(V)

Qualification for secondary review

To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that—

(aa)

points were withheld for criteria not required in statute, regulation, or guidance governing the Federal TRIO programs or the application for a grant for such programs; or

(bb)

information pertaining to selection criteria was wrongly determined to be missing from the application.

(v)

Finality

(I)

In general

A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department.

(II)

Scoring

The score awarded by a secondary review panel under clause (iv) shall not be reviewable by any officer or employee of the Department other than the Secretary.

(vi)

Funding of applications with certain adjusted scores

To the extent feasible based on the availability of appropriations, the Secretary shall fund applications with scores that are adjusted upward under clauses (ii), (iii), and (iv) to equal or exceed the minimum cut off score for the applicable grant competition.

;

(3)

in subsection (e)—

(A)

by striking (g)(2) each place it appears and inserting (h)(4); and

(B)

by adding at the end the following new paragraph:

(3)

Notwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care and youth who have left foster care after reaching age 13), or homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act, shall be eligible to participate in programs under sections 402B, 402C, 402D, and 402F.

;

(4)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;

(5)

by inserting after subsection (e) the following:

(f)

Outcome Criteria

(1)

Use for prior experience determination

For competitions for grants under this chapter that begin on or after January 1, 2009, the Secretary shall determine an eligible entity's prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria described in paragraphs (2) and (3).

(2)

Disaggregation of relevant data