IB
110th CONGRESS
2d Session
H. R. 4137
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To amend and extend the Higher Education Act of 1965, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the College Opportunity and
Affordability Act of 2008
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References; Effective date.
Title I—TITLE I AMENDMENTS
Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and Integrity.
Sec. 114. National Advisory Committee on Institutional Quality and Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial aid website.
Sec. 108. State commitment to affordable college education.
Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
Sec. 134. Textbook information.
Sec. 111. Database of student information prohibited.
Sec. 135. Database of student information prohibited.
Sec. 112. In-State tuition rates for members of the Armed Forces on active duty and dependents.
Sec. 136. In-State tuition rates for members of the Armed Forces on active duty and dependents.
Sec. 113. Endowment Reporting.
Sec. 137. Endowment Reporting.
Sec. 114. State higher education information system pilot program.
Sec. 138. State higher education information system pilot program.
Sec. 115. Institution and lender reporting and disclosure requirements.
Part E—Lender and institution requirements relating to educational loans
Sec. 151. Definitions.
Sec. 152. Requirements for lenders and institutions participating in preferred lender arrangements.
Sec. 153. Interest rate report for institutions and lenders participating in preferred lender arrangements.
Sec. 154. Private educational loan disclosure requirements for covered institutions.
Sec. 155. Integrity provisions.
Sec. 156. Compliance and enforcement.
Sec. 157. Student loan counseling.
Sec. 116. Feasibility study for national electronic student loan marketplace.
Title II—TITLE II REVISION
Sec. 201. Revision of title II.
Title II—Teacher Quality Enhancement
Sec. 200. Definitions.
Sec. 200A. Rule of Construction.
Part A—Teacher quality partnership grants
Sec. 201. Purposes; Definitions.
Sec. 202. Partnership grants.
Sec. 203. Administrative provisions.
Sec. 204. Accountability and evaluation.
Sec. 205. Accountability for programs that prepare teachers.
Sec. 206. Teacher development.
Sec. 207. State functions.
Sec. 208. General provisions.
Sec. 209. Authorization of appropriations.
Part B—Preparing Teachers for Digital Age Learners
Sec. 221. Program authorized.
Sec. 222. Uses of Funds.
Sec. 223. Application requirements.
Sec. 224. Evaluation.
Sec. 225. Authorization of appropriations.
Part C—Enhancing Teacher Education
Sec. 240. Authorization of appropriations.
Subpart 1—Recruiting teachers with math, science, or language majors
Sec. 241. Program authorized.
Subpart 2—Community colleges as partners in teacher education grants
Sec. 251. Grants to community colleges.
Sec. 252. Definitions.
Subpart 3—Honorable Augustus F. Hawkins Centers of Excellence
Sec. 261. Definitions.
Sec. 262. Augustus F. Hawkins Centers of excellence.
Subpart 4—Teach for America
Sec. 271. Teach for America.
Subpart 5—Early childhood education professional development and career task force
Sec. 281. Purpose.
Sec. 282. Definition of early childhood education program.
Sec. 283. Grants authorized.
Sec. 284. State task force establishment.
Sec. 285. State task force activities.
Sec. 286. State application and report.
Sec. 287. Evaluations.
Subpart 6—Preparing General Education Teachers to More Effectively Educate Students with Disabilities
Sec. 291. Teach to Reach Grants.
Sec. 202. National Academy of Sciences study of best practices in teacher preparation.
Title III—TITLE III AMENDMENTS
Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Native American Pacific Islander-serving institutions.
Sec. 319. Asian American and Native American Pacific Islander-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Historically Black College and University Capital Financing.
Sec. 309. Programs in STEM fields.
Subpart 2—Programs in STEM fields
Sec. 355. YES Partnerships grant program.
Sec. 356. Promotion of entry into STEM fields.
Sec. 357. Evaluation and Accountability Plan.
Sec. 310. Technical assistance.
Sec. 311. Waiver authority.
Sec. 312. Authorization of appropriations.
Sec. 313. Technical corrections.
Title IV—TITLE IV AMENDMENTS
Part A—PART A AMENDMENTS
Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
Subpart 6—Robert C. Byrd American Competitiveness Program
Sec. 419A. Robert C. Byrd mathematics and science honors scholarship program.
Sec. 419B. Mathematics and science incentive program.
Sec. 419C. Foreign Language Partnerships.
Sec. 419D. Adjunct Teacher Corps.
Sec. 419E. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
Sec. 411. TEACH Grants.
Sec. 420P. Program evaluation.
Part B—Federal Family Education Loans
Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Voluntary flexible agreements.
Sec. 425. Grace period for graduate and professional student PLUS loans.
Sec. 426. Consolidation loan disclosure.
Sec. 427. Extension of consolidation loan authority.
Sec. 428. Requirements for disbursement of student loans.
Sec. 429. Loan forgiveness for service in areas of national need.
Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 430. Loan repayment for civil legal assistance attorneys.
Sec. 428L. Loan repayment for civil legal assistance attorneys.
Sec. 431. Loan forgiveness for volunteer mentoring.
Sec. 428M. Loan forgiveness for volunteer mentoring.
Sec. 432. Settlement of claims.
Sec. 433. Delinquency prevention, default aversion, and consumer education information programs.
Sec. 433A. Delinquency prevention, default aversion, and consumer education information programs.
Sec. 434. Definition of eligible institution: participation rate index.
Sec. 434. Definition of eligible lender.
Sec. 435. Cohort default rates.
Sec. 436. Disability determinations.
Part C—College Work/Study
Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Sec. 443. Work Colleges.
Part D—Federal Direct Student Loans
Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Sec. 453. Identity fraud protection.
Sec. 454. No accrual of interest for active duty service members.
Sec. 455. Direct loan program audit and reporting requirements.
Part E—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 Perkins Loans.
Part F—Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments for nursing home expenses.
Sec. 473. Definitions.
Sec. 474. Use of most recent tax information in need analysis.
Part G—General Provisions
Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for students.
Sec. 489. Articulation agreements.
Sec. 486A. Articulation agreements.
Sec. 490. Program participation agreements.
Sec. 491. Regulatory relief and improvement.
Sec. 492. Transfer of allotments.
Sec. 493. Advisory Committee on Student Financial Assistance.
Sec. 494. Negotiated rulemaking.
Sec. 495. Technical amendment.
Sec. 495A. Campus-based digital theft prevention.
Sec. 494. Campus-based digital theft prevention.
Part H—Program integrity
Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.
Title V—TITLE V AMENDMENTS
Sec. 501. Postbaccalaureate opportunities for Hispanic Americans.
Part B—Promoting Postbaccalaureate Opportunities for Hispanic Americans
Sec. 511. Purposes.
Sec. 512. Program authority and eligibility.
Sec. 513. Authorized activities.
Sec. 514. Application and duration.
Title VI—TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
Sec. 621. Program for foreign service professionals.
Sec. 604. Preparing for early foreign language instruction.
Part D—PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education grant program.
Sec. 644. Science and technology advanced foreign language education grant program.
Sec. 608. Reporting by Institutions.
Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.
Title VII—TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Patsy T. Mink Fellowship program.
Subpart 4—Patsy T. Mink Fellowship Program
Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Masters Degrees Programs at Historically Black Colleges and Universities and Other Minority Serving Institutions.
Subpart 5—Masters Degrees Programs at historically Black Colleges and Universities and Other Minority Serving Institutions
Sec. 723. Grants to Academic Departments and Programs at Eligible Institutions.
Sec. 706. Fund for the improvement of postsecondary education.
Sec. 707. Urban-serving research universities.
Part C—Urban-serving research universities
Sec. 751. Purpose; program authorized.
Sec. 752. Application for urban-serving research university grants.
Sec. 753. Allowable activities.
Sec. 754. Definitions.
Sec. 755. Authorization of appropriations.
Sec. 708. Programs to ensure students with disabilities receive a quality higher education.
Subpart 1—Quality higher education
Subpart 2—National Technical Assistance Center; Commission on Accessible Materials; Programs to support improved access to materials
Sec. 766. National Center.
Sec. 766A. Establishment of advisory commission on accessible instructional materials in postsecondary education for students with disabilities.
Sec. 766B. Model demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities.
Sec. 766C. Authorization of appropriations.
Subpart 3—Transition programs for students with intellectual disabilities into higher education; coordinating center
Sec. 767. Purpose.
Sec. 768. Definitions.
Sec. 769. Model comprehensive transition and postsecondary programs for students with intellectual disabilities.
Sec. 770. Coordinating center for technical assistance, evaluation, and development of standards.
Sec. 770A. Authorization of appropriations.
Sec. 709. Subgrants to nonprofit organizations.
Sec. 710. Nursing education.
Part F—Nursing Education
Sec. 776. Additional capacity for R.N. students or graduate-level nursing students.
Sec. 777. Nurse Faculty Pilot Project.
Sec. 711. National study on higher education access and success for students with disabilities.
Title VIII—ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
Title VIII—ADDITIONAL PROGRAMS
Sec. 800. Authorization of appropriations.
Part A—Low Tuition
Sec. 801. Incentives and rewards for low tuition.
Part B—Cooperative Education
Sec. 811. Statement of purpose; definition.
Sec. 812. Reservations.
Sec. 813. Grants for cooperative education.
Sec. 814. Demonstration and innovation projects; training and resource centers; and research.
Part C—College Partnership Grants
Sec. 821. College Partnership Grants Authorized.
Part D—Student Success Grants
Sec. 826. Student success grants.
Part E—Jobs to Careers
Sec. 831. Grants to create bridges from jobs to careers.
Part F—Project GRAD
Sec. 836. Project GRAD.
Part G—Improving college enrollment by secondary schools
Sec. 841. Improving college enrollment by secondary schools.
Part H—Diploma Mill Prevention
Sec. 851. Purpose; Definitions.
Sec. 852. Recognized accrediting agencies and institutions.
Sec. 853. Accrediting agencies.
Sec. 854. Task Force.
Sec. 855. Sense of the Congress regarding use by States of the Federal Plan as guidelines.
Sec. 856. Unfair and deceptive acts and practices regarding diplomas and professional certifications.
Part I—Student safety and campus emergency management
Sec. 861. Student safety and campus emergency management.
Sec. 862. Model emergency response policies, procedures, and practices.
Sec. 863. Preparation for future disasters plan by the Secretary.
Sec. 864. Education disaster and emergency relief loan program.
Sec. 865. Guidance on mental health disclosures for student safety.
Part J—Rural Development Grants for Rural Colleges and Universities
Sec. 871. Purpose.
Sec. 872. Definitions.
Sec. 873. Ensuring college access for rural high school graduates.
Sec. 874. Economic development partnerships.
Sec. 875. Quality of life in rural areas.
Sec. 876. Allocation of appropriations.
Part K—Improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian students
Sec. 880. Improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian students.
Part L—National Database on Financial Assistance For Study of Science, Technology, Engineering, and Mathematics
Sec. 881. National Database on Financial Assistance For Study of Science, Technology, Engineering, and Mathematics.
Part M—Training for Realtime Writers
Sec. 882. Program to promote training and job placement of realtime writers.
Part N—Centers of Excellence for Veteran Student Success
Sec. 883. Model Programs for Centers of Excellence for Veteran Student Success.
Part O—University Sustainability Programs
Subpart 1—Sustainability Planning Grants
Sec. 884. Grants authorized.
Subpart 2—Summit on sustainability
Sec. 885. Summit on sustainability.
Part P—Modeling and Simulation programs
Sec. 886. Modeling and Simulation.
Part Q—Business Workforce Partnerships
Sec. 887. Grants to create business workforce partnerships.
Part R—Path to Success Program
Sec. 887. Path to Success.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to go
green
.
Sec. 805. Study of costs of environmental, health, and safety standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
Sec. 810. Study of Correctional Postsecondary Education.
Sec. 811. National Undergraduate Fellows Program.
Sec. 812. National Center for Learning Science and Technology Trust Fund.
Sec. 813. GAO Study of education related indebtedness of medical school graduates.
Sec. 814. Study on Regional Sensitivity in the Needs Analysis Formula.
Sec. 815. Dyslexia Study.
Sec. 816. Study and report on borrower repayment plans.
Sec. 817. Nursing school capacity.
Sec. 818. Study of the impact of student loan debt on public service.
Sec. 819. Federal regulation of higher education report.
Sec. 820. Study of aid to less-than-half-time students.
Sec. 821. 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. Audit.
Sec. 905. Reports.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.
Part B—INDIAN EDUCATION
Subpart 1—Tribal Colleges and Universities
Sec. 921. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978.
Sec. 105. Technical assistance contracts.
Title V—Tribally controlled postsecondary career and technical institutions
Sec. 501. Definition of tribally controlled postsecondary career and technical institution.
Sec. 502. Tribally controlled postsecondary career and technical institutions program.
Sec. 503. Applicability of other laws.
Sec. 504. Authorization of appropriations.
Sec. 1. Short title.
Subpart 2—Navajo Higher Education
Sec. 931. Reauthorization of Navajo Community College Act.
Part C—Higher Education Amendments of 1998; Higher Education Amendments of 1992
Sec. 941. Grants for training for incarcerated individuals.
Part D—Grants for training for incarcerated individuals
Sec. 821. Grants for improved workplace and community transition training for incarcerated individuals.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Sec. 945. Establishment of Assistant Secretary for International and Foreign Language Education.
Sec. 207A. Office of international and foreign language education.
Part D—Justice Department Programs
Sec. 951. Loan repayment for prosecutors and defenders.
Part JJ—Loan repayment for prosecutors and public defenders
Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.
Part E—Stevenson-Wydler Technology Innovation Act of 1980
Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.
Title X—Private Student Loan Transparency and Improvement
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Regulations.
Sec. 1004. 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.
§ 140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest.
Sec. 1012. Civil liability.
Subtitle B—Improved disclosures for private educational loans
Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private educational loans.
Subtitle C—Financial literacy
Sec. 1031. Coordinated education efforts.
Subtitle D—Study and report on nonindividual information
Sec. 1041. Study and report on nonindividual information.
Subtitle E—Incentives For low-cost educational loans
Sec. 1051. CRA credit for low-cost educational loans.
References; Effective date
References
Except as otherwise expressly provided therein, 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.).
Effective date
Except as otherwise provided in this Act or the amendments made by this Act, the amendments made by this Act shall be effective on the date of enactment of this Act.
TITLE I AMENDMENTS
Definitions of institution of higher education
Degree programs
Section 101 (20 U.S.C. 1001) is amended—
in subsection (a)(1), by inserting before
the semicolon the following: , or persons who meet the requirements of
section 484(d)(3)
;
in subsection (a)(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
by striking subsection (b)(2) and inserting the following:
a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students persons—
who are beyond the age of compulsory school attendance in the State in which the institution is located; or
who will be dually or concurrently enrolled in the institution and a secondary school.
.
International medical schools
Section 102(a)(2)(A) (20 U.S.C. 1002(a)(2)(A)) is amended—
in the first
sentence, by inserting nursing school,
after graduate
medical school,
;
in clause (i)—
by striking
or
at the end of subclause (I); and
by striking subclause (II) and inserting the following new subclauses:
the institution has or had a clinical training program that was approved by a State as of January 1, 1992, and continues to operate a clinical training program in at least one State, which is approved by that State; or
the institution—
has a clinical training program that was approved by a State before January 1, 2008;
certifies only unsubsidized Stafford or PLUS loans under part B of title IV to graduate and professional students attending the institution; and
agrees to reimburse the Secretary for the cost of any loan defaults for students included in the institution’s cohort default rate during the previous fiscal year; or
; and
by striking the
period at the end of clause (ii) and inserting ; or
; and
by adding at the end the following new clause:
in the case of a nursing school located outside of the United States, the institution—
has agreements with hospitals or eligible nursing schools located in the United States that include provisions for students to complete their clinical training at such hospitals and eligible nursing schools;
certifies only unsubsidized Stafford and PLUS loans under part B of title IV for students attending the institution; and
agrees to reimburse the Secretary for the cost of any loan defaults to the extent that the institution’s cohort default rate exceeds 5 percent.
.
Conforming amendment concerning 90/10 enforcement
Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended—
by adding
and
after the semicolon in subparagraph (D);
by striking
; and
and inserting a period in subparagraph (E); and
by striking subparagraph (F).
Additional institutions
Section 102 (20 U.S.C. 1002) is further amended—
by striking subsection (b)(2) and inserting the following:
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—
who are beyond the age of compulsory school attendance in the State in which the institution is located; or
who will be dually or concurrently enrolled in the institution and a secondary school.
; and
by striking subsection (c)(2) and inserting the following:
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—
who are beyond the age of compulsory school attendance in the State in which the institution is located; or
who will be dually or concurrently enrolled in the institution and a secondary school.
.
Additional definitions
Amendment
Section 103 (20 U.S.C. 1003) is amended—
by adding at the end the following new paragraphs:
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.
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. 149, 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.
Disconnected students
The term
disconnected students
means students who are—
homeless children and youths, as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
orphans, in foster care, or wards of the court, or who were in foster care or were wards of the court until the students reached the age of 16;
adjudicated or convicted juveniles, or who were adjudicated juveniles until the juveniles reached the upper age of juvenile court jurisdiction, or who were convicted juveniles who completed the sentence for the juvenile conviction prior to reaching the age of majority; or
pregnant or parenting youth.
Distance education
In general
Except as otherwise provided, the term distance education means education that uses 1 or more of the technologies described in subparagraph (B)—
to deliver instruction to students who are separated from the instructor; and
to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.
Inclusions
For the purposes of subparagraph (A), the technologies used may include—
the Internet;
one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
audio conferencing; or
video cassette, DVDs, and CD–ROMs, if the cassette, DVDs, and CD–ROMs are used in a course in conjunction with the technologies listed in clauses (i) through (iii).
High-need school
Except with respect to title II, the term high-need school means a public or nonprofit private elementary or secondary school which is in a local educational agency which is eligible for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965 in the applicable fiscal year, and which for the purpose of this paragraph and for that year 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 counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total enrollment of that school.
Limited English proficient
The term limited English proficient has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.
Universal design
The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.
Universal design for learning
The term universal design for learning means a research-based framework for designing curriculum (including goals, methods, materials, and assessments) that—
provides curricular flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge, and in the ways students are engaged; and
reduces barriers in instruction and assessment, provides appropriate supports and challenges, and maintains high achievement standards for all students, including students with disabilities.
; and
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.
Conforming Amendments
The Act (20 U.S.C. 1001 et seq.) is amended—
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
;
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
;
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
;
in section 428 (20 U.S.C. 1078)—
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
;
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
;
and
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
;
in section 428A(c) (20 U.S.C. 1078–1(c))—
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
;
in paragraph (3), by striking
Chairperson
and all that follows through House of
Representatives
and inserting members of the authorizing
committees
; and
in paragraph (5), by striking
Chairperson
and all that follows through House of
Representatives
and inserting members of the authorizing
committees
;
in section 432 (20 U.S.C. 1082)—
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
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
;
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
;
in section 439 (20 U.S.C. 1087–2)—
in subsection (d)(1)(E)(iii), by striking
advise the Chairman
and all that follows through House of
Representatives
and inserting advise the members of the
authorizing committees
;
in subsection (r)—
in paragraph (3), by striking inform
the Chairman
and all that follows through House of
Representatives,
and inserting inform the members of the
authorizing committees
;
in paragraph (5)(B), by striking
plan, to the Chairman
and all that follows through
Education and Labor
and inserting plan, to the members of
the authorizing committees
;
in paragraph (6)(B)—
by striking plan, to the
Chairman
and all that follows through House of
Representatives
and inserting plan, to the members of the
authorizing committees
; and
by striking Chairmen and ranking
minority members of such Committees
and inserting members of the
authorizing committees
;
in paragraph (8)(C), by striking
implemented to the Chairman
and all that follows through
House of Representatives, and
and inserting implemented
to the members of the authorizing committees, and to
; and
in the matter preceding subparagraph (A) of
paragraph (10), by striking days to the Chairman
and all that
follows through Education and Labor
and inserting days to
the members of the authorizing committees
; and
in subsection (s)(2)—
in the matter preceding clause (i) of
subparagraph (A), by striking Treasury and to the Chairman
and
all that follows through House of Representatives
and inserting
Treasury and to the members of the authorizing committees
;
and
in subparagraph (B), by striking
Treasury and to the Chairman
and all that follows through
House of Representatives
and inserting Treasury and to
the members of the authorizing committees
;
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
;
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
;
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
;
in section 485 (20 U.S.C. 1092)—
in subsection (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
; and
in subsection (g)(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
;
in section 486 (20 U.S.C. 1093)—
in subsection (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
in subsection (f)(3)—
in the matter preceding clause (i) of
subparagraph (A), 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
in the matter preceding clause (i) of
subparagraph (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
;
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
;
and
in section 498B(d) (20 U.S.C. 1099c–2(d))—
in paragraph (1), 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
in paragraph (2), 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
.
Treatment of territories and territorial student assistance
Section 113 (20 U.S.C. 1011b) is amended—
by striking
treatment of territories and
territorial student assistance
in the heading of such
section and inserting territorial waiver authority
; and
by striking
(a) Waiver
Authority.—
; and
by striking subsection (b).
National Advisory Committee on Institutional Quality and Integrity
Amendment
Section 114 (20 U.S.C. 1011c) is amended to read as follows:
National Advisory Committee on Institutional Quality and Integrity
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 such
institutions under title IV.
Membership
In general
The Committee shall have 18 members, of which—
6 members shall be appointed by the Secretary;
6 members shall be appointed by the Speaker of the House of Representatives, 3 members on the recommendation of the majority leader of the House of Representatives, and 3 members on the recommendation of the minority leader of the House of Representatives; and
6 members shall be appointed by the President pro tempore of the Senate, 3 members on the recommendation of the majority leader of the Senate, and 3 members on the recommendation of the minority leader of the Senate.
Qualifications
Individuals shall be appointed as members of the Committee—
on the basis of the individuals' experience, integrity, impartiality, and good judgment;
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
on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration in higher education.
Terms of members
Except as provided in paragraph (5), the term of office of each member of the Committee shall be for 6 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.
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.
Initial terms
The terms of office for the initial members of the Committee shall be—
3 years for members appointed under paragraph (1)(A);
4 years for members appointed under paragraph (1)(B); and
6 years for members appointed under paragraph (1)(C).
Chairperson
The members of the Committee shall select a chairperson from among the members.
Functions
The Committee shall—
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;
advise the Secretary with respect to the recognition of a specific accrediting agency or association;
advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;
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;
advise the Secretary with respect to the relationship between—
accreditation of institutions of higher education and the certification and eligibility of such institutions; and
State licensing responsibilities with respect to such institutions;
take into consideration the complaints, and the resolution of such complaints, received by the ombudsman described in section 497 when advising the Secretary with respect to the recognition of a specific accrediting agency or association; and
carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe by regulation.
Meeting procedures
Schedule
Biannual meetings
The Committee shall meet not less often than twice each year, at the call of the Chairperson.
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.
Agenda
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.
Opportunity for public comment
The agenda shall include, at a minimum, opportunity for public comment during the Committee’s deliberations.
Federal advisory committee Act
The provisions of 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.
Limitation
The Committee shall not recommend denial of an application related to the recognition of an accrediting agency or association for any reason other than a reason set forth in section 496.
Report and notice
Notice
The Secretary shall annually publish in the Federal Register—
a list containing, for each member of the Committee—
the member’s name;
the date of the expiration of the member’s term of office; and
the individual described in subsection (b)(1) who appointed the member; and
a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.
Report
Not later than September 30 of each year, the Committee shall make an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—
a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the preceding fiscal year;
a list of the date and location of each meeting during the preceding fiscal year;
a list of the members of the Committee and appropriate contact information; and
a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.
Termination
The Committee shall terminate on September 30, 2012.
.
Effective Date
The amendment made by subsection (a) shall be effective January 1, 2009.
Drug and alcohol abuse prevention
Section 120 (20 U.S.C. 1011i) is amended—
in subsection (a)(2)—
in subparagraph (A), by striking
and
after the semicolon;
by redesignating subparagraph (B) as subparagraph (D); and
by inserting after subparagraph (A) (as amended by subparagraph (A) of this paragraph) the following:
determine the number of drug and alcohol-related incidents and fatalities that—
occur on the institution’s property or as part of any of the institution’s activities; and
are reported to the institution;
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 incidents and fatalities on the institution’s property or as part of any of the institution’s activities; and
;
in subsection
(e)(5), by striking 1999
and inserting 2009
;
and
by striking subsection (f).
Prior rights and obligations
Section 121(a) (20 U.S.C. 1011j(a)) is amended—
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
in paragraph (2), by striking 1999
and for each of the 4 succeeding fiscal years
and inserting 2009
and for each succeeding fiscal year
.
Improved information concerning the Federal student financial aid website
Section 131 (20 U.S.C. 1015) is amended by striking subsection (d) and inserting the following:
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 of Education in a prominent place on the homepage of the Department of Education website; and
may use administrative funds available for the Department’s operations and expenses for the purpose of advertising and promoting the availability of the Federal student financial aid website.
Promotion of availability of information concerning student financial aid programs of other departments and agencies
Availability of information
Not later than 90 days after the Secretary receives the information required under paragraph (2), the Secretary shall ensure that the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each non-departmental student financial assistance program are easily accessible through the Federal student financial aid website and are incorporated into the search matrix on such website in a manner that permits students and parents to readily identify the programs that are appropriate to their needs and eligibility.
Agency response
Each Federal department and agency shall promptly respond to surveys or other requests for the information required by paragraph (1), and shall identify for the Secretary any non-departmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.
Definition
For purposes of this subsection, the term non-departmental student financial assistance program means any grant, loan, scholarship, fellowship, or other form of financial aid for students pursuing a postsecondary education that is—
distributed directly to the student or to the student’s account at on institution of higher education; and
operated, sponsored, or supported by a Federal department or agency other than the Department of Education.
.
State commitment to affordable college education
Part C of title I (20 U.S.C. 1015) is amended by adding at the end the following new section:
State commitment to affordable college education
Maintenance of effort required
A State shall provide—
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 5 most recent preceding academic years for which satisfactory data are available; and
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 5 most recent preceding academic years for which satisfactory data are available.
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.
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 (b) any amount that would otherwise be available to the State under section 415E until such State has made significant efforts to correct such violation.
Research into cost containment methods
The Secretary is authorized—
to identify methods of cost containment currently utilized by institutions of higher education and systems of such institutions, and research into other possible methods of cost containment;
to disseminate—
the information obtained by such research to such institutions and systems; and
other information concerning research that has identified successful methods of cost containment;
to publicly recognize institutions of higher education that are doing an effective job at cost containment; and
to work together with such institutions and systems to implement these methods.
.
Transparency in college tuition for consumers
Amendment to Title I
Part C of title I (20 U.S.C. 1015) is amended by adding after section 132 (as added by section 108 of this Act) the following new section:
Transparency in college tuition for consumers
College affordability and transparency lists
Effective July 1, 2011, the Secretary shall annually update and make publicly available on the College Navigator website, in a manner that is sortable by State, the following lists:
A list of the top 5 percent of the institutions in each category (as defined by subsection (b)) that have the highest tuition and fees.
A list of the top 5 percent of the institutions in each such category that have the lowest tuition and fees.
A list of the top 5 percent of the institutions in each such category that have the largest increase, expressed as a percentage change, in their tuition and fees over the most recent three year period for which satisfactory data is available.
Categories of institutions
The following categories shall be used in compiling the information in subsection (a):
4-year public institutions of higher education.
4-year private, nonprofit institutions of higher education.
4-year private, for-profit institutions of higher education.
2-year public institutions of higher education.
2-year private, nonprofit institutions of higher education.
2-year private, for-profit institutions of higher education.
Less than 2-year public institutions of higher education.
Less than 2-year private, nonprofit institutions of higher education.
Less than 2-year private, for-profit institutions of higher education.
All types of institutions described in paragraphs (1) through (9).
Institution reports
If an institution of higher education appears on the list described in subsection (a)(3), the institution or a representative association designated by the institution shall submit to the Secretary the following information:
A description of the factors contributing to the increase in the institution’s tuition and fees, including an identification of the major areas in the institution’s budget with the greatest cost increases.
If determinations of tuition and fee increases are not within the exclusive control of the institution, a description of the agency or instrumentality of State government or other entity that participates in such determinations, and the authority exercised by such agency, instrumentality, or entity.
Quality efficiency task forces
Each institution that is required to submit information by subsection (c) shall establish a quality-efficiency task force to—
review the operations of such institution;
analyze institutional operating costs in comparison with such costs at other institutions within the same category of institutions;
identify areas where, in comparison with other institutions in such category, the institution operates more expensively to produce a similar result;
develop annual benchmarks for the institution to reduce costs in areas identified under subparagraph (C);
conduct an in-depth analysis of such identified areas for cost reduction opportunities; and
submit a report to the Secretary and the institution on the results of the review and analysis conducted under this subsection.
An institution of higher education that does not meet the benchmarks established under paragraph (1)(D) shall provide to the Secretary a detailed explanation of the reasons why the institution did not meet such benchmarks.
Information to the public
The Secretary shall compile the information submitted under subsections (c) and (d) and shall submit an annual report summarizing such information to the authorizing committees and publish such report on the College Navigator website.
Exemptions
An institution shall not be placed on the list required under subsection (a)(3) and shall not be subject to the reporting in subsection (c) if, for the 3-year interval described in subsection (a)(3) the institution meets the following criteria:
With respect to the category of institutions described in subsection (b) to which the institution belongs, the computed price of the institution is in the lowest quartile of institutions within such category, as determined by the Secretary, during the last year of such 3-year interval.
The dollar amount of the institution’s increase in its full price, as computed under subsection (a)(3), is less than $500 for such 3-year interval.
State higher education appropriations chart
The Secretary shall annually report on the College Navigator website, in charts for each State—
a comparison of—
the percentage change in State appropriations per full-time equivalent student in each public institution of higher education in the State for each of the 5 most recent preceding academic years; to
the percentage change in tuition and fees for each public institution of higher education in the State for each of the 5 most recent preceding academic years; and
the total amount of need-based and merit-based aid provided by the State to full-time equivalent students attending an institution of higher education in the State.
Availability of net price information
Net price
In this section, the term net price
means
the average yearly tuition and fees actually charged to a full-time
undergraduate student receiving student aid at an institution of higher
education, after deduction of any discounts and Federal and State aid, and any
other institutional aid, that reduce the full price of tuition and fees at the
institution, as determined in accordance with regulations prescribed by the
Secretary.
Net price calculator
Development
Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall, in consultation with institutions of higher education, develop a net price calculator to help students, families, and consumers determine the net price of an institution of higher education. The calculator shall be developed in a manner that permits students to determine an estimate of their individual net price of attendance for an institution.
Use of net price calculator by institutions
Not later than 3 years after the date of enactment of the College Opportunity and Affordability Act of 2007, each institution of higher education that receives Federal funds under this Act shall adopt and make available for use on the institution’s website the net price calculator developed under subparagraph (A) to help students, families, and other consumers determine the net price of such institution of higher education.
Postsecondary education price indices
Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 2007, the Bureau of Labor Statistics, in consultation with the Commissioner of Education Statistics and representatives of institutions of higher education, shall develop, for inclusion in the higher education pricing summary page required under subsection (j)(3), postsecondary education price indices that accurately reflect the annual change in tuition and fees for undergraduate students in the categories of institutions described in subsection (b). Such indices shall be updated annually. Prior to the completion of the postsecondary education price indices, the Secretary is authorized to use an alternative, comparable index or indices.
Consumer Cost Information
Information from institutions
Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall post on the College Navigator website and make available to institutions of higher education, students, families, and other consumers, in a consumer-friendly manner, the following information about each institution of higher education for the most recent academic year for which the Secretary has available data:
A statement of the institution’s mission and specialties.
Total number of undergraduate students who applied, were admitted, and enrolled at the institution.
Where applicable, reading, writing, mathematics, and combined scores on the SAT or ACT for the middle 50 percent range of the institution’s freshman class.
Enrollment of full-time, part-time, and transfer students at the institution, at the undergraduate and (where applicable) graduate levels.
Percentage of male and female undergraduate students enrolled at the institution.
Percentage of enrolled undergraduate students from the State in which the institution is located, from other States, and from other countries.
Percentage of enrolled undergraduate students at the institution by race and ethnic background.
Percentage of enrolled undergraduate students at the institution registered with the office of disability services (or equivalent department) as students with disabilities.
Retention rates for full-time and part-time first-time, first-year undergraduate students enrolled at the institution.
Average time to degree or certificate completion for first-time, first-year undergraduate students enrolled at the institution.
Percentage of enrolled undergraduate students who graduate within 2 years (in the case of 2-year institutions), and 4, 5, and 6 years (in the case of 2-year and 4-year institutions), including by income category, as defined in paragraph (4).
Number of students who obtained a certificate or an associates, bachelors, masters, or doctoral degree at the institution.
Undergraduate major areas of study with the highest number of degrees awarded.
The student-faculty ratio, and number of full-time, part-time, and adjunct faculty, and graduate teaching and research assistants with instructional responsibilities, at the institution.
Percentage of faculty at the institution with the highest degree in their field.
Percentage change in total price in tuition and fees and the net price for an undergraduate at the institution in each of the 3 most recent preceding academic years.
Total average annual cost of tuition and fees, room and board, and books and other related costs for an undergraduate student enrolled at the institution, for—
full-time undergraduate students living on campus;
full-time undergraduate students living off campus; and
in the case of students attending a public institution of higher education, such costs for in-State and out-of-State students living on and off campus.
Average annual grant amount (including Federal, State, and institutional aid) broken down by income category as defined in paragraph (4) for a student enrolled at the institution.
Average annual amount of Federal student loans, and other loans provided through the institution, to undergraduate students enrolled at the institution.
Total annual grant aid available to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources.
Percentage of undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance provided publicly or through the institution, such as Federal work-study funds.
Number of students receiving Federal Pell Grants at the institution.
Average net price of the institution calculated for each income category, as defined in paragraph (4), for each of the 3 most recent preceding academic years.
Percentage of first-year undergraduate students enrolled at the institution who live on campus and off campus.
The institution’s cohort default rate, as defined under section 435(m).
Information on the policies of the institution related to transfer of credit from other institutions.
Information on campus safety required to be collected under section 485(f).
Links to the appropriate sections of the institution’s website that provide information on student activities offered by the institution, such as intercollegiate sports, student organizations, study abroad opportunities, intramural and club sports, specialized housing options, community service opportunities, cultural and arts opportunities on campus, religious and spiritual life on campus, and lectures and outside learning opportunities.
Links to the appropriate sections of the institution’s website that provide information on services offered by the institution to students during and after college, such as internship opportunities, career and placement services, and preparation for further education.
Data collection
The Commissioner of Education Statistics shall continue to redesign the relevant parts of the Integrated Postsecondary Education Data System to include additional data as required by this subsection and to continue to improve the usefulness and timeliness of data collected by such System in order to inform consumers about institutions of higher education.
Higher education pricing summary page
The Secretary shall make publicly available on an annual basis, in a sortable and searchable electronic format on the College Navigator website, a list of all institutions of higher education participating in aid programs under title IV of this Act that includes for each such institution:
The undergraduate tuition and fees for the upcoming academic year.
The average annual net price by income category, as defined in paragraph (4), over the 3 most recent preceding academic years.
The average annual percentage change and dollar change in such institution’s tuition and fees over the 3 most recent preceding academic years.
The average annual percentage change and dollar change in such institution’s per student instructional spending over the 3 most recent preceding academic years.
The difference between the average annual percentage change in such institution’s tuition and fees over the 3 most recent preceding academic years and the postsecondary education price indices, as defined in subsection (i).
A link to the institution information on the College Navigator website, as detailed in paragraph (1).
Income categories
In general
For purposes of reporting the information required under this subsection and compiling information for the net price calculator, the following income categories shall apply:
$0–35,000;
$35,001–70,000;
$70,001–105,000;
$105,001–140,000; and
$140,000 and up.
Annual adjustment
The Secretary shall make available to all institutions of higher education participating in an aid program under title IV of this Act, on an annual basis, the annual inflation adjustment for the income categories set forth in subparagraph (A).
Impracticable reporting exemption
An institution that is required by this subsection to report any information pertaining to institutional aid by income category is not required to report such information to the extent that reporting such information by income category is impractical or impossible because information concerning income is not collected from the recipients of such institutional aid.
Student aid recipient survey
Survey required
The Secretary shall conduct a survey of student aid recipients under title IV on a regular cycle and State-by-State basis, but not less than once every 4 years—
to identify the population of students receiving Federal student aid;
to describe the income distribution and other socioeconomic characteristics of federally aided students;
to describe the combinations of aid from State, Federal, and private sources received by students from all income groups;
to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and the impact of such debt burden on career choices;
to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; and
to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students.
Survey design
The survey shall be representative of full-time and part-time, undergraduate, graduate, professional, and current and former students in all types of institutions, and designed and administered in consultation with the Congress and the postsecondary education community.
Dissemination
The Commissioner of Education Statistics shall disseminate the information resulting from the survey in both printed and electronic form.
Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
.
Sense of Congress regarding consumer information about institutions of higher education
Findings
Congress finds that—
the diversity of
the American higher education systems allows each student to find the right
fit
for his or her interests and talents;
while the variety of options available is one of the great strengths of our system of higher education, it can also be overwhelming when students and their families begin a college search;
there is a massive amount of information available about institutions of higher education, but it is often difficult to navigate or is scattered among several sources;
the data collected and available is comprehensive; however, there is a need to keep consumer needs in mind in packaging the information that already exists and presenting the information in a simple, consumer-friendly format;
in particular, prospective students and their families want a succinct overview of common key information about institutions, with easy access to more in-depth institution-specific information about campus life and the complete college experience; and
a variety of efforts have been initiated by colleges and universities and others to provide web-based, consumer-friendly information geared to prospective students and their families.
Sense of congress
It is the sense of Congress that institutions of higher education should participate in efforts to provide concise, easily accessible, on-line consumer information to prospective students and families that is consistent across institutions while permitting opportunities for more in-depth exploration of specific institutions.
Textbook information
Part C of title I (20 U.S.C. 1015) is further amended by adding after section 133 (as added by section 109 of this Act) the following new section:
Textbook information
Purpose and intent
The purpose of this section is to ensure that every student in higher education is offered better and more timely access to affordable course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers on all aspects of the selection, purchase, sale, and use of course materials. It is the intent of this section—
to have all involved parties work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to select high quality course materials for students; and
to encourage—
college textbook publishers and distributors to work with faculty to promote understanding of the cost to students of purchasing faculty selected textbooks, including the disclosure of prices and bundling practices;
college bookstores to work with faculty to review timelines and processes for ordering and stocking course materials, and to disclose costs to faculty and students in a timely manner;
institutions of higher education to implement numerous options to address college textbook affordability;
institutions of higher education to work with student organizations to help students understand the factors driving textbook costs and available methods and resources to mitigate the effects of those costs; and
innovation in the development and use of course materials (including course materials utilizing the principles of universal design) and technologies that can help students receive the full value of their educational investment.
Definitions
In this section:
Bundle
The term bundle means one or more college textbooks or other supplemental learning materials that may be packaged together to be sold as course materials for one price.
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.
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.
Custom textbook
The term custom textbook—
means a college textbook that is compiled 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
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.
Institution of higher education
The term institution of higher education has the meaning given the term in section 102.
Integrated textbook
The term integrated textbook means a college textbook that is 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.
Publisher
The term publisher means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce.
Substantial content
The term substantial content means parts of a college textbook, such as new chapters, additional eras of time, new themes, or new subject matter.
Supplemental material
The term supplemental material means educational material developed to accompany a college textbook, which—
may include printed materials, computer disks, website access, and electronically distributed materials; and
is not bound by third-party contractual agreements to be sold in an integrated textbook.
Publisher requirements
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 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:
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.
The copyright dates of all previous editions of such college textbook in the preceding 10 years, if any.
The substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition, if any.
Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and 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.
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.
Custom textbooks
To the maximum extent practicable, publishers shall provide the information required under this subsection with respect to the development and provision of custom textbooks.
Provision of ISBN college textbook information in course schedules
Internet course schedules
Each institution of higher education, to the maximum extent practicable, shall—
disclose the International Standard Book Number and retail price information of required and recommended textbooks, related materials, and supplies for each course listed in the institution’s course schedule used for pre-registration and registration purposes;
if the International Standard Book Number is not available for the items listed in subparagraph (A), use the author, title, publisher, and copyright date; and
if the institution
determines that the disclosure of the information described in the preceding
subparagraphs for a course is not practicable for a textbook, related material,
or supply, then it should so indicate by placing the designation To Be
Determined
in lieu of the information required under such
subparagraphs.
Written course schedules
In the case of an institution of higher education that does not publish the institution’s course schedule for the subsequent academic period on the Internet, the institution of higher education shall include the information required under paragraph (1) in any printed version of the institution’s course schedule as it is available at the time of the course schedule’s printing.
Availability of information for college bookstores
An institution of higher education shall make available, as soon as is practicable, upon the request of any college bookstore, the most accurate information available regarding—
the institution’s course schedule for the subsequent academic period; and
for each course or class offered by the institution for the subsequent academic period—
the information required by subsection (d)(1) for each college textbook or supplemental material required or recommended for such course or class;
the number of students enrolled in such course or class; and
the maximum student enrollment for such course or class.
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 and classroom materials.
Effective Date
This section shall be effective on and after July 1, 2008.
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Database of student information prohibited
Part C of title I (20 U.S.C. 1015) is further amended by adding after section 134 (as added by section 110 of this Act) the following new section:
Database of student information prohibited
Prohibition
Except as described in subsection (b), nothing in this Act shall be construed to authorize the Secretary to develop, implement, or maintain 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.
Exception
The provisions of subsection (a) shall not apply to a system (or a successor system) that is necessary for the operation of programs authorized by title II, IV, or VII, or data required to be collected by the Secretary under this Act (including section 133(g)), that were in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the College Opportunity and Affordability Act of 2008.
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.
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In-State tuition rates for members of the Armed Forces on active duty and dependents
Part C of title I (20 U.S.C. 1015) is further amended by adding after section 135 (as added by section 111 of this Act) the following new section:
In-State tuition rates for members of the Armed Forces on active duty and dependents
Requirement
A member of the armed forces on active duty for a period of more than 30 days whose domicile or permanent duty station is in a State, and the dependents of such a member, may not be charged tuition for attendance at a public institution of higher education in that State at a rate that is greater than the rate charged for residents of that State.
Continuation
If a member of the armed forces, or a dependent of a member, pays tuition at a public institution of higher education in a State at a rate determined by reason of subsection (a), the provisions of subsection (a) shall continue to apply to such member 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.
Effective Date
This section shall take effect at each public institution of higher education in a State at the beginning of the first period of enrollment at that institution that begins more than 90 days after the date of enactment of the Military Child College Affordability Act.
Definitions
For purposes of this section:
State
The term State has the meaning given that term in section 103 of this Act.
Military definitions
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.
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Endowment Reporting
Part C of title I (20 U.S.C. 1015) is further amended by adding after section 135 (as added by section 111 of this Act) the following new section:
Endowment Reporting
Each institution of higher education shall annually submit to the Secretary, in a form prescribed by the Secretary, a report on the expenditures made by such institution from any endowment funds of the institution for the purpose of reducing the costs of the programs of instruction offered by such institution, including the specific amounts expended for grants and other aid to reduce the amounts charged for tuition, fees, textbooks, meals, room and board.
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State higher education information system pilot program
Part C of title I (20 U.S.C. 1015) is further amended by adding after section 135 (as added by section 111 of this Act) the following new section:
State higher education information system pilot program
Purpose
It is the purpose of this section to carry out a pilot program to assist not more than 5 States to develop State-level postsecondary student data systems to—
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
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.
Definition of Eligible Entity
In this section, the term eligible entity means—
a State higher education system; or
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.
Competitive Grants
Grants authorized
The Secretary shall award grants, on a competitive basis, to not more than 5 eligible entities to enable the eligible entities to—
design, test, and implement postsecondary student data systems that provide the maximum benefits to States, institutions of higher education, and State policymakers; and
examine the costs and burdens involved in implementing a State-level postsecondary student data system.
Duration
A grant awarded under this section shall be for a period of not more than 3 years.
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 determines is necessary, including a description of—
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 the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); and
how the activities funded by the grant will be supported after the 3-year grant period.
Use of Funds
A grant awarded under this section shall be used to—
design, develop, and implement the components of a comprehensive postsecondary student data system with the capacity to transmit student information within States;
improve the capacity of institutions of higher education to analyze and use student data;
select and define common data elements, data quality, and other elements that will enable the data system to—
serve the needs of institutions of higher education for institutional research and improvement;
provide students and the students' families with useful information for decision-making about postsecondary education;
provide State policymakers with improved information to monitor and guide efforts to improve student outcomes and success in higher education;
estimate costs and burdens at the institutional level for reporting to the postsecondary student data system; and
test the feasibility of protocols and standards for maintaining data privacy and data access.
Evaluation; Reports
Not later than 6 months after the end of the projects funded by grants awarded under this section, the Secretary shall—
conduct a comprehensive evaluation of the pilot program authorized by this section; and
report the Secretary's findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems to the authorizing committees.
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 4 succeeding fiscal years.
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Institution and lender reporting and disclosure requirements
Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:
Lender and institution requirements relating to educational loans
Definitions
In this part:
Covered institution
The term covered institution—
means any educational institution that—
offers a postsecondary educational degree, certificate, or program of study (including any institution of higher education, as such term is defined in section 102); and
receives any Federal funding or assistance; and
includes an authorized agent of the educational institution (including an alumni association, booster club, or other organization directly or indirectly authorized by such institution) or an employee of such institution.
Educational loan
The term educational loan (except when used as part of the term private educational loan) means—
any loan made, insured, or guaranteed under title IV; or
a private educational loan (as defined in paragraph (6)).
Preferred lender arrangement
The term preferred lender arrangement—
means an arrangement or agreement between a lender and a covered institution—
under which arrangement or agreement a lender provides or otherwise issues educational loans to the students attending the covered institution or the parents of such students; and
which arrangement or agreement relates to the covered institution recommending, promoting, or endorsing the educational loan product of the lender; and
does not include—
arrangements or agreements with respect to loans under parts D or E of title IV; or
arrangements or agreements with respect to loans under section 499(b).
Lender
In general
The term lender—
means a creditor, except that such term shall not include an issuer of credit secured by a dwelling or under an open end credit plan; and
includes an agent of a lender.
Incorporation of TILA definitions
The terms creditor, dwelling, and open end credit plan have the meanings given such terms in section 103 of the Truth in Lending Act (15 U.S.C. 1602).
Officer
The term officer includes a director or trustee of a covered institution, if such individual is treated as an employee of the covered institution.
Private educational loan
The term private educational loan means a private loan provided by a lender that—
is not made, insured, or guaranteed under title IV; and
is issued by a lender expressly for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan involves enrollment certification by the educational institution that the student attends.
Postsecondary educational expenses
The term postsecondary educational expenses means any of the expenses that are included as part of a student’s cost of attendance, as defined under section 472.
Requirements for lenders and institutions participating in preferred lender arrangements
Certification by lenders
In addition to any other disclosure required under Federal law, each lender under part B of title IV that participates in one or more preferred lender arrangements shall annually certify its compliance with the requirements of this Act. Such compliance of such preferred lender arrangement shall be reported on and attested to annually by the auditor of such lender in the audit conducted pursuant to section 428(b)(1)(U)(iii).
Use of institution name
In general
A covered institution that has entered into a preferred lender arrangement with a lender regarding private educational loans shall not agree to the lender’s use of the name, emblem, mascot, or logo of the institution, or other words, pictures, or symbols readily identified with the institution, in the marketing of private educational loans to the students attending the institution in any way that implies that the institution endorses the private educational loans offered by the lender.
Applicability
Paragraph (1) shall apply to any preferred lender arrangement, or extension of such arrangement, entered into or renewed after the date of enactment of the College Opportunity and Affordability Act of 2008.
Interest rate report for institutions and lenders participating in preferred lender arrangements
Duties of the Secretary
Report and model format
Not later than 180 days after the date of enactment of the College Opportunity and Affordability Act of 2008, the Secretary shall—
prepare a report on the adequacy of the information provided to students and the parents of such students about educational loans, after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, and business officers), lenders, loan servicers, and guaranty agencies;
develop and prescribe by regulation a model disclosure form to be used by lenders and covered institutions in carrying out subsections (b) and (c) that—
will be easy for students and parents to read and understand;
will be easily usable by lenders, institutions, guaranty agencies, and loan servicers;
will provide students and parents with the relevant, meaningful, and standard information about the terms and conditions for both Federal and private educational loans;
is based on the report’s findings and developed in consultation with—
students;
representatives of covered institutions, including financial aid administrators, registrars, business officers, and student affairs officials;
lenders;
loan servicers;
guaranty agencies; and
with respect to the requirements of clause (vi) concerning private educational loans, the Board of Governors of the Federal Reserve System;
provides information on the applicable interest rates and other terms and conditions of the educational loans provided by a lender to students attending the institution, or the parents of such students, disaggregated by each type of educational loan (including opportunity pools as defined in section 155(f)) provided to such students or parents by the lender, including—
the rate of interest, or the potential range of rates of interest, applicable to the loan, and whether such rates are fixed or variable;
limitations, if any, on interest rate adjustments, both in terms of frequency and amount, or lack thereof;
co-borrower requirements, including changes in interest rates;
any fees associated with the loan;
the repayment terms available on the loan;
the opportunity for deferment or forbearance in repayment of the loan, including whether the loan payments can be deferred if the student is in school;
any additional terms and conditions applied to the loan, including any benefits that are contingent on the repayment behavior of the borrower;
the annual percentage rate for such loans, determined in the manner required under section 107 of the Truth in Lending Act (15 U.S.C. 1606);
an example of the total cost of the educational loan over the life of the loan which shall be calculated—
using a principal amount and the maximum rate of interest actually offered by the lender; and
both with and without capitalization of interest, if that is an option for postponing interest payments;
the consequences for the borrower of defaulting on a loan, including any limitations on the discharge of an educational loan in bankruptcy;
contact information for the lender; and
any philanthropic contributions made by the lender to the covered institution, including the purpose of the contribution and any conditions related to its use; and
provides, in addition, with respect to private educational loans, the following information with respect to loans made by each lender recommended by the covered institution:
the method of determining the interest rate of the loan;
potential finance charges, late fees, penalties, and adjustments to principal, based on defaults or late payments of the borrower; and
such other information as the Secretary may require; and
submit the report and model disclosure form to the authorizing committees; and
make the report and model disclosure form available to covered institutions, lenders, and the public.
Model form update
Not later than 1 year after the submission of the report and model disclosure form described in paragraph (1)(B), the Secretary shall—
assess the adequacy of the model disclosure form;
after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, business officers, and student affairs officials), lenders, loan servicers, guaranty agencies, and the Board of Governors of the Federal Reserve System—
prepare a list of any improvements to the model disclosure form that have been identified as beneficial to borrowers; and
update the model disclosure form after taking such improvements into consideration; and
submit the list of improvements and updated model disclosure form to the authorizing committees; and
make the updated model disclosure form available to covered institutions, lenders, and the public.
Use of form
The Secretary shall take such steps as necessary to make the model disclosure form, and the updated model disclosure form, available to covered institutions and to encourage—
lenders subject to subsection (b) to use the model disclosure form or updated model disclosure form (if available) in providing the information required under subsection (b); and
covered institutions to use such format in preparing the information reported under subsection (c).
Procedures
Sections 482(c) and 492 of this Act shall not apply to the model disclosure form prescribed under paragraph (1)(B), but shall apply to the updating of such form under paragraph (2).
Lender duties
Each lender that has a preferred lender arrangement with a covered institution shall, by March 1 of each year, or such other date determined by the Secretary, provide to the covered institution and to the Secretary the information included on the model disclosure form or an updated model disclosure form (if available) for each type of educational loan (including opportunity pools as defined in section 155(f)) to be offered by the lender to students attending the covered institution, or the parents of such students, for the forthcoming academic year.
Covered institution reports
Each covered institution shall—
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 the covered institution and that has submitted to the institution the information required under subsection (b)—
the information included on the model disclosure form or updated model disclosure form (if available) for each type of educational loan provided by the lender to students attending the covered institution, or the parents of such students; and
a detailed explanation of why the covered institution believes the terms and conditions of each type of educational loan provided pursuant to the agreement are beneficial for students attending the covered institution, or the parents of such students; and
ensure that the report required under paragraph (1) is made available to the public and provided to students attending or planning to attend the covered institution, and the parents of such students, in time for the student or parent to take such information into account before applying for or selecting an educational loan.
Disclosures by Covered Institutions
A covered institution shall disclose, on its website and in the informational materials described in subsection (e)—
a statement that—
indicates that students are not limited to or required to use the lenders the institution recommends; and
the institution is required to process the documents required to obtain a Federal educational loan from any eligible lender the student selects;
at a minimum, all of the information provided by the model disclosure form prescribed under subsection (a)(1)(B), or updated model disclosure form (if available), with respect to any lender recommended by the institution for Federal educational loans and, as applicable, private educational loans (including opportunity pools as defined in section 155(f));
the maximum amount of Federal grant and loan aid available to students in an easy-to-understand format; and
the institution’s cost of attendance (as determined under section 472).
Informational Materials
The informational materials described in this subsection are publications, mailings, or electronic messages or media distributed to prospective or current students and parents of students that describe or discuss the financial aid opportunities available to students at an institution of higher education.
Private educational loan disclosure requirements for covered institutions
A covered institution that provides information to any student, or the parent of such student, regarding a private educational loan from a lender shall, prior to or concurrent with such information—
inform the student or parent of—
the student or parent’s eligibility for assistance and loans under title IV; and
the terms and conditions of such private educational loan that may be less favorable than the terms and conditions of educational loans for which the student or parent is eligible, including interest rates, repayment options, and loan forgiveness; and
ensure that information regarding such private educational loan is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under title IV.
Integrity provisions
Institution Code of Conduct Required
Code of Conduct
Each institution of higher education that participates in the Federal student loan programs under title IV or has students that obtain private educational loans shall—
develop a code of conduct in accordance with paragraph (2) with which its officers, employees, and agents shall comply with respect to educational loans;
publish the code of conduct prominently on its website; and
administer and enforce such code in accordance with the requirements of this subsection.
Contents of code
The code required by this section shall—
prohibit a conflict of interest with the responsibilities of such officer, employee, or agent with respect to educational loans; and
at a minimum, include provisions in compliance with the provisions of the following subsections of this section.
Training and compliance
An institution of higher education shall administer and enforce a code of conduct required by this section by, at a minimum, requiring all of its officers, employees, and agents with responsibilities with respect to educational loans to obtain training annually in compliance with the code.
Gift ban
Prohibition
No officer, employee, or agent of a covered institution who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans, shall solicit or accept any gift from a lender, guarantor, or servicer of educational loans.
Inspector General report
The Inspector General of the Department of Education shall investigate any reported violation of this subsection and shall annually submit a report to the authorizing committees identifying all substantiated violations of the gift ban under paragraph (1), including the lenders and covered institutions involved in each such violation, for the preceding year.
Definition of gift
In general
In this subsection, the term gift means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a monetary value of more than a de minimus amount. The term includes a gift of services, transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.
Exceptions
The term gift shall not include any of the following:
Standard material, activities, or programs on issues related to a loan, default aversion, default prevention, or financial literacy, such as a brochure, a workshop, or training.
Food, refreshments, training, or informational material furnished to an officer, employee, or agent of an institution as an integral part of a training session that is designed to improve the service of a lender, guarantor, or servicer of educational loans to the covered institution, if such training contributes to the professional development of the officer, employee, or agent of the institution.
Favorable terms, conditions, and borrower benefits on an educational loan provided to a student employed by the covered institution if such terms, conditions, or benefits are comparable to those provided to all students of the institution.
Entrance and exit counseling services provided to borrowers to meet a covered institution’s responsibilities for entrance and exit counseling as required by section 485(b) provided that—
a covered institution’s staff are in control of the counseling (whether in person or via electronic capabilities); and
such counseling does not promote the products or services of any lender.
Philanthropic contributions to a covered institution from a lender, guarantor, or servicer of educational loans that are unrelated to educational loans, provided, as applicable, that such contributions are disclosed pursuant to section 153(a)(1) and section 153(a)(2).
State education grants, scholarships, or financial aid funds administered by or on behalf of a State.
Rule for gifts to family members
For purposes of this section, a gift to a family member of an officer, employee, or agent of a covered institution, or a gift to any other individual based on that individual’s relationship with the officer, employee, or agent, shall be considered a gift to the officer, employee, or agent if—
the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and
the officer, employee, or agent has reason to believe the gift was given because of the official position of the officer, employee, or agent.
Contracting arrangements prohibited
Prohibition
An officer, employee, or agent who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities with respect to educational loans, shall not accept from any lender or affiliate of any lender (as the term affiliate is defined in section 487(a)) any fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other contract to provide services to a lender or on behalf of a lender.
Exceptions
Nothing in this subsection shall be construed as prohibiting—
an officer, employee, or agent of a covered institution who is not employed in the institution’s financial aid office, or who does not otherwise have responsibilities with respect to educational loans, from paid or unpaid service on a board of directors of a lender, guarantor, or servicer of educational loans;
an officer, employee, or agent of a covered institution who is not employed in the financial aid office but who has responsibility with respect to educational loans as a result of a position held at the covered institution, from paid or unpaid service on a board of directors of a lender, guarantor, or servicer of educational loans, provided that the covered institution has a written conflict of interest policy that clearly sets forth that such an officer, employee, or agent must be recused from participating in any decision of the board with respect to any transaction regarding educational loans; or
an officer, employee, or agent of a lender, guarantor, or servicer of educational loans from serving on a board of directors or serving as a trustee of a covered institution, provided that the covered institution has a written conflict of interest policy that clearly sets forth the procedures to be followed in instances where such a board member’s or trustee’s personal or business interests with respect to educational loans may be advanced by an action of the board of directors or trustees, including a provision that such a board member or trustee may not participate in any decision to approve any transaction where such conflicting interests may be advanced.
Ban on revenue sharing arrangements
Prohibition
A covered institution shall not enter into any revenue sharing arrangement with any lender.
Definition
For purposes of this subsection, a revenue sharing arrangement is an arrangement between a covered institution and a lender under which—
a lender provides or issues educational loans to students attending the institution or to parents of such students; and
the institution recommends the lender or the loan products of the lender; and
in exchange, the lender pays a fee or provides other material benefits, including revenue or profit sharing, to the institution or officers, employees, or agents of the institution.
Ban on staffing assistance
Prohibition
A covered institution shall not request or accept from any lender any assistance with call center staffing or financial aid office staffing.
Certain assistance permitted
Nothing in paragraph (1) shall be construed to prohibit a covered institution from requesting or accepting assistance from a lender related to—
professional development training for financial aid administrators;
providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that assisted in preparing or providing such materials; or
staffing services on a short-term, non-recurring basis to assist the institution with financial aid-related functions during emergencies, including State-declared or federally declared natural disasters, federally declared national disasters, and other localized disasters and emergencies identified by the Secretary.
Prohibition on offers of funds for private loans
Prohibition
A covered institution shall not request or accept from any lender any offer of funds, including any opportunity pool, to be used for private educational loans to students in exchange for the covered institution providing concessions or promises to the lender with respect to such institution providing the lender with a specified number of loans, a specified loan volume, or a preferred lender arrangement for any loan made, insured, or guaranteed under title IV, and a lender shall not make any such offer.
Definition
In this subsection, the term opportunity pool means an educational loan made by a private lender to a student attending the covered institution or the parent of such a student that is in any manner guaranteed by a covered institution, or that involves a payment, directly or indirectly, by such an institution of points, premiums, payments, additional interest, or other financial support to such lender for the purpose of such lender extending credit to either the students or the parents of students of the institution.
Ban on participation on advisory councils
An officer, employee, or agent who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities with respect to educational loans, shall not serve on or otherwise participate with advisory councils of lenders or affiliates of lenders. Nothing in this subsection shall prohibit lenders from seeking advice from covered institutions or groups of covered institutions (including through telephonic or electronic means, or a meeting) in order to improve products and services for borrowers, provided there are no gifts or compensation (including for transportation, lodging, or related expenses) provided by lenders in connection with seeking this advice from such institutions. Nothing in this subsection shall prohibit an officer, employee, or agent of a covered institution from serving on the board of directors of a lender if required by State law.
Compliance and enforcement
Condition of any Federal assistance
Notwithstanding any other provision of law, a covered institution or lender shall comply with this part as a condition of receiving Federal funds or assistance provided after the date of enactment of the College Opportunity and Affordability Act of 2008.
Penalties
Notwithstanding any other provision of law, if the Secretary determines, after providing notice and an opportunity for a hearing for a covered institution or lender, that the covered institution or lender has violated subsection (a)—
in the case of a covered institution, or a lender that does not participate in a loan program under title IV, the Secretary may impose a civil penalty in an amount of not more than $27,500; and
in the case of a lender that does participate in a program under title IV, the Secretary may impose a civil penalty in an amount of not more than $27,500, or limit, terminate, or suspend the lender’s participation in such program.
Considerations
In taking any action against a covered institution or lender under subsection (b), the Secretary shall take into consideration the nature and severity of the violation of subsection (a).
Student loan counseling
Borrower contact
FFEL Loans
Each holder of a loan under part B of title IV shall contact the borrower each year after five years has passed from the date that a borrower first selected either a graduated, extended, income sensitive, or income contingent repayment plan to ascertain if the borrower is able to select a repayment plan with a shorter repayment period that would reduce the total interest paid on the borrower’s loan or loans under this part.
Direct loans
The Secretary shall contact the borrower of each loan under part D or E of title IV each year after five years has passed from the date that a borrower first selected either an extended, graduated, income contingent, or alternative repayment plan to ascertain if the borrower is able to select a repayment plan for a shorter repayment period that would reduce the total interest paid on the borrower’s loan under this part.
Required disclosure before disbursement
Disclosures before repayment
Each lender of a loan under part B of title IV, and the Secretary with respect to each loan under part D or E of such title, shall provide to the borrower before repayment begins an explanation of principal to be borrowed, current balance, interest already paid, and interest due over the life of the loan, options by which borrowers may avoid or be removed from default, relevant fees associated with these options, and repayment options available to the borrower entering repayment, including income contingent repayment and income-based repayment.
Disclosures during repayment
Each lender of a loan under part B of title IV, and the Secretary with respect to each loan under part D or E of such title, shall provide to the borrower during repayment an explanation of principal borrowed, current balance, interest already paid and interest due over the life of the loan, options by which borrowers may avoid or be removed from default, relevant fees associated with these options, and repayment options available to the borrower entering repayment, including income contingent repayment and income-based repayment. Each such lender and the Secretary shall also notify any borrower who tells the lender or the Secretary that the borrower is having difficulty making payments of the repayment options available, including forbearance. Each such lender and the Secretary shall make an explanation of repayment options available to the borrower, including income contingent repayment and forbearance, before the loan is disbursed, before repayment, and during repayment if the borrower notifies the lender or the Secretary that the borrower is having difficulty making payments.
Institutional counseling
In general
Each institution of higher education shall, through financial aid officers or otherwise, make available counseling to borrowers of loans which are made, insured, or guaranteed under part B (other than loans made pursuant to section 428B) of this title or made under part D or E of this title prior to their signing the first promissory note. The counseling shall include—
average indebtedness of borrowers at that school, to be supplied by the Secretary;
sample monthly repayment amounts based on a range of student levels of indebtedness and on the average indebtedness of Stafford loan borrowers at the same school or in the same program of study at the same school;
data to be supplied by the Secretary on starting salaries for graduates of institutions by type and control of institution, and field of study;
repayment options available to the borrower when entering repayment, including income contingent repayment and income-based repayment;
detail to be supplied by the Secretary on how interest accrues and is capitalized during periods when it is not being paid by either the borrower or the Secretary; and
the likely consequences of default, including adverse credit reports, Federal offset, and litigation.
Use of electronic means
If initial counseling is conducted through interactive electronic means, the institution of higher education shall take reasonable steps to ensure that each student borrower receives the counseling materials, and participates in and completes the initial counseling.
Department of education information disclosure and technical assistance
Obligation
The Secretary shall display on the Department of Education website and provide to colleges and universities the following information to be used for counseling and consumer information for prospective borrowers:
Regional data on starting salaries in all major fields.
The increase in debt that results from forbearance on all loans and from capitalization of interest on unsubsidized loans.
The various repayment options available in the Federal student loan programs, including the availability of the income contingent repayment (ICR) program and the income-based repayment programs (IBR).
The Federal Government's powers to collect student loans, even when student borrowers are in bankruptcy.
Publicity
The Secretary shall make the location of the information under paragraph (1) widely known among the public, institutions, and lenders, and promote the use of such information by prospective students, enrolled students, and borrowers after entering repayment.
.
Feasibility study for national electronic student loan marketplace
Study Required
The Secretary of Education shall conduct a study of the feasibility of developing a National Electronic Student Loan Marketplace that would provide for one or more of the following:
A registry of real-time information on Federal student loans (including loans under parts B and D of title IV of the Higher Education Act of 1965) and private educational loans (as defined in section 151 such Act of 1965 (as amended by this Act)) for both undergraduate and graduate students, and parents of students, for use by prospective borrowers or any person desiring information regarding available interest rates, fees, and other terms from lenders.
Means by which lenders that participate in such marketplace would be bound to honor advertised rates or benefits.
A mechanism whereby borrowers and student financial aid officials could publicly post or otherwise make available for users accessing the system their comments, opinions, or ratings concerning their experience as to the quality of lenders’ loan products and loan servicing and other measurements or indicators of customer satisfaction.
A mechanism whereby prospective borrowers could be matched with lenders that offer highly competitive products and loan servicing quality, including any procedures and safeguards necessary to minimize potentially adverse effects of multiple inquiries into participating borrowers’ credit histories recorded by credit reporting agencies.
Options concerning the establishment and ongoing maintenance of such a system, including whether such a system should be operated by one or more nonprofit or for-profit entities, how these entities should structure or organize such a system in order to provide the highest assurance of independence from, and the absence of any conflicting interest with, lenders participating in such a system, and methods to finance such a system at no or minimal cost to consumers and the Government.
Other features that the Secretary determines could help prospective borrowers make informed decisions in selecting lenders from whom to obtain Federal and private educational loans.
Consultation
In conducting the study required by this section, the Secretary of Education shall consult with—
the Federal Trade Commission;
representatives of student loan borrowers;
representatives from institutions of higher education, including financial aid administrators, registrars, business officers, and student affairs officials;
Federal and private education loan lenders, loan servicers, and guaranty agencies; and
any other appropriate agency that is a member of the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act (20 U.S.C. 9701 et seq.).
Report
Not later than 6 months after completion of the model interest rate report format required under section 153(a)(1) of the Higher Education Act of 1965 (as amended by this Act), the Secretary of Education shall submit a report to the authorizing committees (as defined in section 103 of such Act) concerning the findings of the feasibility study together with an assessment of the advantages and disadvantages for consumers, institutions of higher education, lenders, and the Government of establishing such a system.
TITLE II REVISION
Revision of title II
Title II (20 U.S.C. 1021 et seq.) is amended to read as follows:
Teacher Quality Enhancement
Definitions
For purposes of this title:
Arts and sciences
The term arts and sciences means—
when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and
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.
Children from low-income families
The term children from low-income families means children as described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965.
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.
Early childhood education program
The term early childhood education program means—
a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), and includes Migrant and Seasonal Head Start and American Indian/Alaska Native Head Start;
a State licensed or regulated child care program or school; or
a State prekindergarten program (including a program authorized under section 619 or part C of the Individuals with Disabilities Education Act) that serves children from birth through kindergarten and that addresses the children’s cognitive (including language, early literacy, and pre-numeracy), social, emotional, and physical development.
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.
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.
Essential components of reading instruction
The term essential components of reading instruction has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965.
Exemplary teacher
The term exemplary teacher has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.
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.
High-need local educational agency
The term high-need local educational agency means a local educational agency—
for which not less than 20 percent of the children served by the agency are children from low-income families;
that serves not fewer than 10,000 children from low-income families; or
with a total of less than 600 students in average daily attendance at the schools that are served by the agency, and all of the schools that are served by the agency are designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary; and
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
for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.
High-need school
Notwithstanding section 103, the term high-need school means a public elementary school or public secondary school that—
is among the highest 25 percent of schools served by the local educational agency that serves the school, in terms of the percentage of students from families with incomes below the poverty line; or
is designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary.
Highly competent
The term highly competent, when used with respect to an early childhood educator, means an educator—
with specialized education and training in development and education of young children from birth until entry into kindergarten;
with—
a baccalaureate degree in an academic major in the arts and sciences; or
an associate’s degree in a related educational area; and
who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education.
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.
Literacy coach
The term literacy coach means an individual—
who—
has teaching experience and a master’s degree with a concentration in reading and writing education; and
has demonstrated proficiency (as determined by the principal of the individual’s school) in teaching reading and writing in a content area such as math, science, or social studies;
whose primary role with teachers and school personnel is—
to provide high-quality professional development opportunities for teachers and school personnel related to literacy;
with respect to the areas of reading and writing, to collaborate with paraprofessionals, teachers, principals, and other administrators, and the community served by the school; and
to work cooperatively and collaboratively with other professionals in planning programs to meet the needs of diverse population learners, including children with disabilities and limited English proficient individuals; and
who may provide students with—
reading or writing diagnosis and instruction; and
reading and writing assessment, including assessment in cooperation with other professionals (such as special education teachers, speech and language teachers, and school psychologists).
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.
Professional development
The term professional development has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
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 accepted principles of scientific research.
Teaching skills
The term teaching skills means skills that enable a teacher to—
increase student learning, achievement, and the ability to apply knowledge;
effectively convey and explain academic subject matter;
employ strategies grounded in the disciplines of teaching and learning that—
are based on empirically based practice and scientifically valid research, where applicable, related to teaching and learning;
are specific to academic subject matter; and
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;
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 measure higher-order thinking skills, including application, analysis, synthesis, and evaluation;
effectively manage a classroom, including the ability to implement positive behavioral intervention support strategies;
communicate and work with parents and guardians, and involve parents and guardians in their children’s education; and
use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early education programs.
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, including the right of employees of local educational agencies to engage in collective bargaining with their employers.
Teacher quality partnership grants
Purposes; Definitions
Purposes
The purposes of this part are to—
improve student achievement;
improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities;
hold teacher preparation programs at institutions of higher education accountable for preparing highly qualified teachers; and
recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching force.
Definitions
In this part:
Eligible partnership
The term eligible partnership means an entity that—
shall include—
a high-need local educational agency;
a high-need school or a consortium of high-need schools served by the high-need local educational agency or, as applicable, a high-need early childhood education program;
a partner institution;
a school, department, or program of education within such partner institution or a teacher professional development program within such partner institution; and
a school or department of arts and sciences within such partner institution; and
may include any of the following:
The Governor of the State.
The State educational agency.
The State board of education.
The State agency for higher education.
A business.
A public or private nonprofit educational organization.
An educational service agency.
A teacher organization.
A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.
A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965).
A school or department within the partner institution that focuses on psychology and human development.
A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.
An entity operating a program that provides alternative routes to State certification of teachers.
Induction program
The term induction program means a formalized program for new teachers during not less than the teachers’ first 2 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:
High-quality teacher mentoring.
Periodic, structured time for collaboration with mentor teachers in the same department or field, as well as time for information-sharing among teachers, principals, administrators, and participating faculty in the partner institution.
The application of empirically based practice and scientifically valid research on instructional practices.
Opportunities for new teachers to draw directly upon the expertise of teacher mentors, faculty, and researchers to support the integration of empirically based practice and scientifically valid research with practice.
The development of skills in instructional and behavioral interventions derived from empirically based practice and, where applicable, scientifically valid research.
Faculty who—
model the integration of research and practice in the classroom; and
assist new teachers with the effective use and integration of technology in the classroom.
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.
Assistance with the understanding of data, particularly student achievement data, and the data’s applicability in classroom instruction.
Structured and formal observation of new teachers, and feedback for such teachers, at least 4 times each school year by multiple evaluators, including master teachers and the principal, using valid and reliable benchmarks of teaching skills and standards developed with input from teachers.
Partner institution
The term partner institution means an institution of higher education, which may include a 2-year institution of higher education offering a dual program with a 4-year institution of higher education, participating in an eligible partnership that has a teacher preparation program—
whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—
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
being ranked among the highest-performing teacher preparation programs in the State as determined by the State—
using criteria consistent with the requirements for the State report card under section 205(b); and
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;
that requires—
each student in the program to meet and demonstrate high academic standards (including prior to entering and being accepted into a program) and participate in intensive clinical experience;
each student in the program preparing to become a teacher to become highly qualified; and
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; or
whose participants include current teachers who seek ongoing professional development in the subject matter knowledge in which the teacher is assigned to teach; and
that requires the faculty of arts and sciences of the partner institution to lead collaborative seminars for such participants for the purpose of—
improving student learning;
enhancing the quality of teaching and strengthening subject matter mastery and the pedagogical skills of current teachers through continuing professional development; and
developing curriculum units, based on the subject matter presented, for use in the teachers’ classrooms.
Teacher mentoring
The term teacher mentoring means the mentoring of new or prospective teachers through a new or established program that—
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;
provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management;
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;
provides paid release time for mentors;
provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;
promotes empirically based practice of, and scientifically valid research on, where applicable—
teaching and learning;
assessment of student learning;
the development of teaching skills through the use of instructional and behavioral interventions; and
the improvement of the mentees’ capacity to measurably advance student learning; and
includes—
common planning time or regularly scheduled collaboration for the mentor and mentee; and
joint professional development opportunities.
Teaching residency program
The term teaching residency program means a school-based teacher preparation program in which a prospective teacher—
for 1 academic year, teaches alongside a mentor teacher, who is the teacher of record;
receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which may include courses 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;
acquires effective teaching skills; and
prior to completion of the program, earns a master’s degree, attains full State teacher certification or licensure, and becomes highly qualified.
Partnership grants
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).
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—
a needs assessment of all the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention, of general and special education teachers, principals, and, as applicable, early childhood educators;
a description of the extent to which the program prepares prospective and new teachers with strong teaching skills;
a description of how the program will prepare prospective and new teachers to use research and data to modify and improve instruction in the classroom;
a description of how the partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including those funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student achievement;
a resource assessment that describes the resources available to the partnership, including—
the integration of funds from other sources;
the intended use of the grant funds; and
the commitment of the resources of the partnership, including financial support, faculty participation, and time commitments, to the activities assisted under this section and to the continuation of the activities when the grant ends;
a description of—
how the partnership will meet the purposes of this part;
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 achievement;
the partnership’s evaluation plan under section 204(a);
how the partnership will align the teacher preparation program with the—
State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; and
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;
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;
how the partnership will prepare general education and special education teachers to teach students with limited English proficiency;
how faculty at the partner institution will work, during the term of the grant, with highly qualified teachers in the classrooms of schools served by the high-need local educational agency in the partnership to provide high-quality professional development activities;
how the partnership will design, implement, or enhance a year-long, rigorous, and enriching teaching pre-service clinical program component;
how the partnership will support in-service professional development strategies and activities; and
how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and
with respect to the induction program required as part of the activities carried out under this section—
a description of how the teacher preparation program will design and implement an induction program to support all new teachers through not less than the first 2 years of teaching 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;
a demonstration that the schools and departments within the institution of higher education that are part of the induction program have relevant and essential roles in the effective preparation of teachers, including content expertise and expertise in teaching;
a demonstration of the partnership’s capability and commitment to the use of empirically based practice and scientifically valid research related to teaching and learning, and the accessibility to and involvement of faculty; and
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 or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation.
Required use of grant funds
An eligible partnership that receives a grant under this section 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), a leadership development program under subsection (f), or a combination of two or more such programs.
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:
Reforms
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—
preparing—
current or prospective teachers to be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, teachers of students who are limited English proficient who may teach multiple subjects, and teachers who are qualified to teach Advanced Placement or International Baccalaureate courses);
such teachers and, as applicable, early childhood educators, to understand empirically based practice and scientifically valid research related to teaching and learning and its applicability, and to use technology effectively, including the use of instructional techniques and strategies, consistent with the principles of universal design for learning, and positive behavioral support strategies to improve student achievement; and
as applicable, early childhood educators to be highly competent; and
promoting strong teaching skills, including the ability to effectively teach higher-order analytical, evaluative, problem-solving, and communications skills, and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development.
Required reforms
The reforms described in subparagraph (A) shall include—
implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;
using empirically based practice and scientifically valid research, where applicable, about the disciplines of teaching and learning so that all prospective teachers and, as applicable, early childhood educators—
can understand and implement research-based teaching practices in classroom-based instruction;
have knowledge of student learning methods;
possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve instruction in the classroom;
possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general and special education teachers and early childhood educators to—
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;
differentiate instruction for such students; and
effectively teach high-order analytical, evaluative, problem solving and communications skills appropriate for the teacher’s content or specialty area;
can effectively participate in the individualized education program process, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and
can successfully employ effective strategies for reading instruction using the essential components of reading instruction;
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 new 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;
developing and implementing an induction program;
developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and
implementing program curriculum changes to prepare teachers to teach Advanced Placement or International Baccalaureate courses.
Clinical experience and interaction
Developing and improving a sustained and high-quality pre-service 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:
Incorporate year-long opportunities for enrichment activity or a combination of activities, including—
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
closely supervised interaction between faculty and new and experienced teachers, principals, and other administrators at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction.
Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas, which may include preparation for meeting the unique needs of teaching in rural communities.
Provide high-quality teacher mentoring.
Be offered over the course of a program of teacher preparation;
be tightly aligned with course work (and may be developed as a 5th year of a teacher preparation program); and
where feasible, allow prospective teachers to learn to teach in the same school district in which the teachers will work, learning the instructional initiatives and curriculum of that district.
Provide support and training for those individuals participating in an activity for prospective teachers described in this paragraph or paragraph (1) or (3), and for those who serve as mentors for such teachers, based on each individual’s experience. Such support may include—
with respect to a prospective teacher or a mentor, release time for such individual’s participation;
with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and
with respect to a mentor, a stipend, which may include bonus, differential, or incentive pay, based on their extra skills and responsibilities.
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.
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.
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—
underrepresented populations;
individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, and instruction of limited English proficient students; and
mid-career professionals from other occupations, former military personnel, and recent college graduates with proven records of academic distinction.
Literacy training
Developing and implementing a program to strengthen content knowledge and teaching skills of elementary and secondary school teachers or literacy coaches that—
provides teacher training in reading instruction for elementary or secondary school teachers or literacy coaches who—
train classroom teachers to implement literacy programs; or
tutor students with intense individualized reading, writing, and subject matter instruction during or beyond the school day;
develops or redesigns rigorous evidenced-based reading curricula that are aligned with challenging State academic content standards, as required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, and with postsecondary standards for reading and writing;
provides opportunities for teachers to plan and assess instruction with other teachers, school leaders, and faculty at institutions of higher education;
provides training and professional development for principals to prepare them to understand the teaching of reading, guide instruction, and foster school improvement; and
establishes an evaluation and accountability plan for activities conducted under this paragraph to measure the impact of such activities.
Partnership grants for the establishment of teaching residency programs
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:
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.
Where feasible, attempt to place 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.
Ensuring that teaching residents that participated in the teaching residency program receive—
effective pre-service preparation as described in paragraph (2);
teacher mentoring;
induction through the induction program as the teaching residents enter the classroom as new teachers; and
the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2).
Teaching residency programs
Establishment and design
A teaching residency program under this subsection 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:
The integration of pedagogy, classroom practice, and teacher mentoring.
Engagement of teaching residents in rigorous graduate-level course work to earn a master’s degree while undertaking a guided teaching apprenticeship.
Experience and learning opportunities alongside a trained and experienced mentor teacher—
whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with course work;
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 novice 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
who may have full relief from teaching duties as a result of such additional responsibilities.
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 is not required to include all of, the observations of such domains of teaching, which may include the following:
Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative assessments to improve student learning.
Appropriate instruction that engages students with different learning styles, including students with disabilities.
Collaboration with colleagues to improve instruction.
Analysis of gains in student learning, based on multiple measures, that, when feasible, may include valid and reliable objective measures of the influence of teachers on the rate of student academic progress.
In the case of mentor candidates who will be mentoring current or future 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.
Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.
The development of admissions goals and priorities aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of the agency, in exchange for a commitment by the agency to hire graduates from the teaching residency program.
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 2 years of teaching.
Admission goals and priorities 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.
Selection of individuals as teacher residents
Eligible individual
In order to be eligible to be a teacher resident in a teaching residency program under this subsection, an individual shall—
be a recent graduate of a 4-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
submit an application to the teaching residency program.
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:
Strong content knowledge or record of accomplishment in the field or subject area to be taught.
Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.
Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.
Stipends; applications; agreements; repayments
Stipend
A teaching residency program under this paragraph shall provide a 1-year living stipend or salary to teaching residents during the 1-year teaching residency program. The stipend or salary shall be provided for no longer than 1 year.
Applications for stipends
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.
Agreements to serve
Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will—
serve as a full-time teacher for a total of not less than 3 academic years after successfully completing the teaching residency program;
teach in a high-need school served by the high-need local educational agency in the eligible partnership;
teach in a field designated as high-need by the eligible partnership;
provide to the eligible partnership a certificate, from the chief administrative officer of the school at which the resident is employed, of the employment required in subclauses (I), (II), and (III), at the beginning of, and upon completion of, each year or partial year of service;
be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, when the applicant begins to fulfill the service obligation under this clause; and
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.
Repayments
In general
An eligible partnership carrying out a teaching residency program under this subsection shall require a recipient of a stipend or salary under this subparagraph who does not complete the service obligation required by clause (iii) to repay the stipend or salary to the eligible partnership, together with interest thereon accruing from the date of the stipend or salary award, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary.
Other terms and conditions
Any other terms and conditions specified by the eligible partnership may include reasonable provisions 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, or other extraordinary circumstances.
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.
Partnership grants for the development of leadership programs
In general
An eligible partnership receiving a grant to carry out an effective leadership program shall carry out a program that includes all of the following activities:
Preparing students currently enrolled or preparing to enroll in education administration programs in preparation for careers as superintendents, principals, or other school administrators (including students preparing to work in rural local educational agencies (as such term is defined in section 872 of this Act) who may perform multiple duties in addition to the role of administrator).
Promoting strong administrative skills and, as applicable, techniques for education administrators to improve the school environment and effectively manage schools.
Ensuring that students who participate in the leadership program receive—
effective pre-service preparation as described in subparagraph (D); and
mentoring by educational administrators.
Developing and improving a sustained and high-quality pre-service clinical education program to further develop the leadership skills of all prospective educational administrators involved in the program. Such program shall do the following:
Incorporate year-long opportunities for enrichment activity or a combination of activities, including—
clinical learning in high-need schools served by the high-need local educational agency in the eligible partnership and identified by the eligible partnership; and
closely supervised interaction between faculty and new and experienced teachers, principals, and other administrators in high-need schools served by the high-need local educational agency in the eligible partnership and identified by the eligible partnership.
Integrate pedagogy and practice and promote effective administrative skills for meeting the unique needs of rural and geographically isolated communities.
Educational administrator mentoring.
Creating an induction program for new administrators.
Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become educational administrators through the activities of the eligible partnership, which may include an emphasis on recruiting into the education administration profession—
underrepresented populations;
individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and shortage areas; or
mid-career professionals from other occupations, former military personnel, and recent college graduates with proven records of academic distinction.
Selection of individuals for the leadership program
In order to be eligible for the leadership program under this subsection, an individual shall—
be enrolled in or preparing to enroll in an institution of higher education, or a recent graduate of an 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;
be current teachers who would like to become principals or principals who would like to be superintendents; and
submit an application to the leadership program.
Consultation
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 under this section.
Regular communication
To ensure timely and meaningful consultation, 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.
Written consent
The Secretary may approve changes in grant activities of a grant under this section only if a written consent signed by all members of the eligible partnership is submitted to the Secretary.
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.
Supplement, Not Supplant
Funds made available to carry out 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.
Administrative provisions
Duration; Number of Awards; Payments
Duration
A grant awarded under this part shall be awarded for a period of 5 years.
Number of awards
An eligible partnership may not receive more than 1 grant during a 5-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 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired.
Payments
The Secretary shall make annual payments of grant funds awarded under this part.
Peer Review
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.
Priority
In recommending applications to the Secretary for funding under this part, the panel shall give priority—
to 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 programs; and
to applications from broad-based eligible partnerships that involve businesses and community organizations; or
to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.
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 the grant amount, 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.
Matching requirements
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.
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.
Limitation on Administrative Expenses
An eligible partnership that receives a grant under this part may use not more than 2 percent of the grant funds for purposes of administering the grant.
Accountability and evaluation
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 performance objectives. The plan shall include objectives and measures for increasing—
student achievement for all students as measured by the eligible partnership;
teacher retention in the first 3 years of a teacher’s career;
improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and
the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;
the percentage of such teachers who are members of underrepresented groups;
the percentage of such teachers who teach high-need academic subject areas (such as reading, mathematics, science, and foreign languages, including less commonly taught languages and critical foreign languages);
the percentage of such teachers who teach in high-need areas (including special education, language instruction educational programs for limited English proficient students, and early childhood education);
the percentage of such teachers in high-need schools, disaggregated by the elementary, middle, and high school levels;
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
as applicable, the number of teachers trained effectively to integrate technology into curricula and instruction, including technology consistent with the principles of universal design for learning, and who use technology to collect, manage, and analyze data to improve teaching, learning, and decision making for the purpose of improving student academic achievement.
Information
An eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, and faculty and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information about the activities carried out with funds under this part, including through electronic means.
Revocation of Grant
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, as appropriate, of the grant by the end of the third year of a grant under this part, then the Secretary shall require such eligible partnership to submit a revised application that identifies the steps the partnership will take to make substantial progress to meet the purposes, goals, objectives, and measures, as appropriate, of this part.
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—
successful practices developed by eligible partnerships under this part; and
information regarding such practices that were found to be ineffective.
Accountability for programs that prepare teachers
Institutional and Program Report Cards on the Quality of Teacher Preparation
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, both for traditional teacher preparation programs and alternative routes to State certification or licensure programs, the following information:
Pass rates and scaled scores
For the most recent year for which the information is available for those students who took the assessments and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken the assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the 2-year period preceding such year, for each of the assessments used for teacher certification or licensure by the State in which the program is located—
the percentage of students who have completed 100 percent of the nonclinical course work and taken the assessment who pass such assessment;
the percentage of all such students who passed each such assessment;
the percentage of students taking an assessment who enrolled in and completed the teacher preparation program;
the average scaled score for all students who took each such assessment;
a comparison of the program’s pass rates with the average pass rates for programs in the State; and
a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.
Program information
The criteria for admission into the program, the number of students in the program (disaggregated by race, ethnicity, and gender), the average number of hours of supervised clinical experience required for those in the program, the number of full-time equivalent faculty and students in the supervised clinical experience, and the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.
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.
Designation as low-performing
Whether the program has been designated as low-performing by the State under section 208(a).
Use of technology
A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data in order to improve teaching, learning, and decision making for the purpose of increasing student academic achievement.
Teacher training
A description of the activities that prepare general and special education teachers to effectively 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, and to effectively teach students with limited English proficiency.
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).
Fines
The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.
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)(A), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.
State Report Card on the Quality of Teacher Preparation
In general
Each State that receives funds under this Act shall provide to the Secretary, annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a 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 description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.
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 subject areas or in particular grades within the State.
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 State early learning standards for early childhood education programs.
For each of the assessments used by the State for teacher certification or licensure—
for each institution of higher education located in the State and each entity located in the State that offers 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 course work and taken the assessment who pass such assessment;
the percentage of all such students at all such institutions taking the assessment who pass such assessment; and
the percentage of students taking an assessment who enrolled in and completed the teacher preparation program.
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—
the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date of the determination, who passed each such assessment; and
the average scaled score of individuals participating in such routes, or who have completed such routes during the period preceding the date of the determination, who took each such assessment.
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.
For each teacher preparation program in the State, the criteria for admission into the program, 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), the average number of hours of supervised clinical experience required for those in the program, and the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.
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—
area of certification or licensure;
academic major; and
subject area for which the teacher has been prepared to teach.
Using the data generated under subparagraphs (G) and (H), a description of the extent to which teacher preparation programs are helping to address shortages of highly qualified teachers, by area of certification or licensure, subject, and specialty, in the State’s public schools.
A description of the activities that prepare general and special education teachers to effectively 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.
A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data to improve teaching, learning, and decision making for the purpose of increasing student academic achievement.
A description of the activities that prepare general education and special education teachers to effectively teach students with limited English proficiency.
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.
Data quality
The Secretary shall prescribe regulations requiring practices and procedures to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.
Report of the Secretary on the Quality of Teacher Preparation
Report card
The Secretary shall provide to Congress, 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. Such report shall be so provided, published, and made available annually.
Report to congress
The Secretary shall prepare and submit a report to Congress that contains the following:
A comparison of States’ efforts to improve the quality of the current and future teaching force.
A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.
The national mean and median scaled scores and pass rate on any standardized test that is used in more than 1 State for teacher certification or licensure.
Special rule
In the case of a teacher preparation program with fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information, and make publicly available, with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.
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.
Teacher development
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 State educational agency, including mathematics, science, special education, and instruction of limited English proficient students; and
more closely linking the training provided by the institution with the needs of schools and the instructional decisions new teachers face in the classroom.
Assurance
Each institution described in subsection (a) shall provide an assurance to the Secretary that—
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;
prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;
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
prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable.
Public Reporting
As part of the annual report card required under section 205(a)(1), an institution of higher education described in subsection (a) shall publicly report whether the goals established under such subsection have been met.
State functions
State Assessment
In order to receive funds under this Act, a State shall have in place a procedure to conduct an assessment to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation. Such State shall provide the Secretary an annual list of such low-performing teacher preparation programs that includes an identification of those programs at risk of being placed on such list. 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—
increasing the percentage of highly qualified teachers in the State, including increasing professional development opportunities;
improving student achievement for all students; and
raising the standards for entry into the teaching profession.
Termination of Eligibility
Any program of teacher preparation 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)—
shall be ineligible for any funding for professional development activities awarded by the Department;
shall not be permitted to accept or enroll any student that receives aid under title IV in the institution’s teacher preparation program; and
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.
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.
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.
General provisions
Methods
In complying with sections 205 and 207, 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 allow identification of individuals.
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 and in accordance with the State plan submitted or revised under section 1111 of such Act, or that each person employed as a special education teacher in the State who teaches elementary school, middle 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, 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
notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.
Release of Information to Teacher Preparation Programs
In general
For the purpose of improving teacher preparation programs, a State educational agency 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—
may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and
is possessed, controlled, or accessible by the State educational agency.
Content of information
The information described in paragraph (1)—
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 educational agency with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and
may include—
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
teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.
Limitations
Federal control prohibited
Nothing in this part 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 part.
No change in State control encouraged or required
Nothing in this part 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).
National system of teacher certification prohibited
Nothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification.
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 2 succeeding fiscal years.
Preparing Teachers for Digital Age Learners
Program authorized
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—
graduate teacher candidates who are prepared to use modern information, communication, and learning tools to—
improve student learning, assessment, and learning management; and
help students develop learning skills to succeed in higher education and to enter the workforce;
strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology rich learning environments throughout a teacher candidate’s pre-service education, including clinical experiences; and
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-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.
Amount and duration
A grant, contract, or cooperative agreement under this part—
shall be for not more than $2,000,000;
shall be for a 3-year period; and
may be renewed for one additional year.
Non-Federal share requirement
The Federal share of the cost of any project funded under this part 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.
Definition of eligible consortium
In this part, the term eligible consortium means a consortium of members that includes the following:
At least one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching.
At least one State educational agency or local educational agency.
A department, school, or college of education at an institution of higher education.
A department, school, or college of arts and sciences at an institution of higher education.
At least 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.
Uses of Funds
In general
An eligible consortium that receives a grant or enters into a contract or cooperative agreement under this part shall use funds made available under this part to carry out a project that—
develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect pre-service preparation of teacher candidates with high-needs schools; or
transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.
Uses of funds for partnership grants
In carrying out a project under subsection (a)(1), an eligible consortium shall—
provide teacher candidates, early in their preparation, with field experiences in educational settings with technology;
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;
provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement;
provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences;
implement strategies for the mentoring of teacher candidates with respect to technology implementation by members of the consortium;
evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project;
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
evaluate the effectiveness of the project.
Uses of funds for transformation grants
In carrying out a project under subsection (a)(2), an eligible consortium shall—
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;
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 pre-service teachers who can integrate technology and pedagogical skills in content areas;
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 pre-service teachers to—
develop and implement a plan for pre-service 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
better reach underrepresented pre-service teacher populations with programs that connect such pre-service teacher populations with applications of technology;
collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student achievement in high-need schools;
provide additional technology resources for pre-service teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and
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.
Application requirements
To be eligible to receive a grant or enter into a contract or cooperative agreement under this part, 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:
A description of the project to be carried out with the grant, including how the project will—
develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects pre-service preparation of teacher candidates with high-need schools; or
transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.
A demonstration of—
the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and
the support of the leadership of each organization that is a member of the consortium for the proposed project.
A description of how each member of the consortium will participate in the project.
A description of how the State or local educational agency will incorporate the project into the agency’s technology plan, if such a plan already exists.
A description of how the project will be continued after Federal funds are no longer available under this part for the project.
A description of how the project—
will incorporate State teacher technology standards; and
will incorporate State student technology standards.
A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives.
Evaluation
Not less than 10 percent of the funds awarded to an eligible consortium to carry out a project under this part shall be used to evaluate the effectiveness of such project.
Authorization of appropriations
There is authorized to be appropriated $100,000,000 to carry out this part for fiscal year 2009 and such sums as may be necessary for each of the 2 succeeding fiscal years.
Enhancing Teacher Education
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 4 succeeding fiscal years.
Recruiting teachers with math, science, or language majors
Program authorized
Grants authorized
From the amounts appropriated under section 240, the Secretary shall make competitive grants to institutions of higher education to improve the availability, recruitment, and retention of teachers from among students majoring in mathematics, science, foreign languages, special education, or teaching the English language to students who are limited English proficient, or to a combination of students majoring in such subjects. In making such grants, the Secretary shall give priority to institutions of higher education with programs that—
focus on preparing and retaining teachers in subjects in which there is a shortage of highly qualified teachers and that prepare students to teach in high-need schools; and
include plans to seek matching funds from other governmental and non-governmental sources.
Application
Any institution of higher education desiring to receive a grant under this subpart shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require, including—
the number of students who graduated from the institution in the preceding year with the qualifications necessary to be teachers with expertise in mathematics, science, a foreign language, special education, or teaching limited English proficient individuals; and
a goal and timeline for increasing the number of such teachers who graduate from the institution.
Use of funds
Grant funds made available under this subpart—
shall be used to create and provide new recruitment incentives to encourage students who are planning to pursue other careers to pursue careers in teaching, with an emphasis on recruiting students who are majoring in high-need subjects such as mathematics, science, foreign languages, and special education, and areas relevant to teaching the English language to students who are limited English proficient;
may be used to upgrade curriculum to provide all students studying to become teachers with high-quality instructional strategies for teaching reading and teaching the English language to students who are limited English proficient, and for adopting, modifying, and differentiating instruction to teach students with disabilities;
may be used to integrate department, school, or college of education faculty with other arts and science faculty in mathematics, science, foreign languages, special education, and teaching the English language to students who are limited English proficient through steps such as—
dual appointments for faculty between departments, schools, or colleges of education and departments, schools, or colleges of arts and science; and
integrating course work with clinical experience;
may be used to develop strategic plans between departments, schools, or colleges of education and local school districts to better prepare teachers for high-need schools, including the creation of professional development partnerships for training new teachers in state-of-the-art teaching practices;
may be used to develop or enhance programs aimed at retaining teachers in high-need subjects such as mathematics, science, foreign languages, special education, and teaching the English language to students who are limited English proficient, and may include providing scholarship assistance to current teachers to upgrade their skills;
may be used to develop and apply virtual classroom simulation and related technologies to enhance recruitment, preparation, and retention for high-need schools in the areas of mathematics, science, foreign languages, special education, or teaching the English language to students who are limited English proficient; and
may be used to develop innovative teacher preparation programs that emphasize the essential components of reading instruction and other strategies based on scientifically valid research and that address early intervention strategies for students with reading difficulty or language processing differences.
Community colleges as partners in teacher education grants
Grants to community colleges
Program authorized
The Secretary is authorized to award grants, on a competitive basis, to eligible entities to assist such entities with—
establishing or enhancing teacher education programs at community colleges that—
include content and pedagogical training; and
are aligned with 4-year college and university teacher education programs to ensure a seemless transition for students from community colleges to 4-year institutions;
establishing or enhancing post baccalaureate certification programs offered at community colleges;
developing and delivering a rigorous program of study for students interested in a career in teaching; and
developing and delivering professional development for teachers to ensure their continued education and professional growth.
Authorized uses of funds
Grant funds provided under this subpart shall be used to carry out the activities described in subsection (a), and may be used to—
develop curriculum for teacher education programs and post baccalaureate certification programs at community colleges;
establish or enhance clinical experiences for students in such teacher education programs and post baccalaureate certification programs;
establish or enhance professional development programs at community colleges that are available for teachers;
develop new associate degree programs focused on teacher preparation;
increase the alignment between community college teacher education programs and 4-year college and university teacher education programs, including articulation agreements, common course numbering, and joint admission programs;
recruit teacher candidates with the goal of diversifying the teacher workforce;
prepare teachers for high-demand subject areas including science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient individuals;
prepare teachers to teach in high-need schools;
increase coordination between teacher education programs and departments, schools, or colleges of arts and sciences;
encourage teacher education and post baccalaureate programs at times and in formats designed to make these programs more accessible to certain student populations, including mid-career professionals transitioning to teaching;
carry out other activities that aim to ensure that well-qualified individuals enter into the teaching profession;
develop associate’s degree programs with an emphasis on the essential components of reading instruction to train educators such as pre-service teachers, paraprofessionals, speech-language pathology assistants, and tutors to teach students with reading difficulties and students who learn to read differently than their peers; and
develop licensure programs for early childhood educators that emphasize the essential components of reading instruction and other strategies based on scientifically valid research, and that address strategies for early screening and early intervention for students with reading difficulty and who learn to read differently than their peers.
Eligible entity
For purposes of this subpart, the term eligible entity means an individual community college (or district of community colleges), a consortia of community colleges, or a statewide community college system that, for the purposes of carrying out activities under this subpart, has entered into a partnership with—
a four-year institution of higher education with a teacher education program, or a consortia of such institutions; and
at least one of the following:
The State agency that oversees teacher preparation or higher education in the State.
One or more local educational agencies.
The State educational agency.
A professional organization representing teachers.
Application
Each eligible entity desiring a grant under this subpart 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—
an overview of the goals the eligible entity and its partners plan to pursue upon receipt of a grant under this subpart;
an identification of the institutions, agencies, or organizations that have entered into a partnership with the eligible entity to meet the requirements of subsection (c);
a description of how the eligible entity and its partners will work to ensure a seemless transition for students from community college to 4-year institutions;
an assurance by the eligible entity that students will be provided with intensive support services, which may include mentoring, academic and career support, and support for students who are transitioning, or have transitioned, from the community college to the 4-year institution; and
a description of the rigorous 2-year program of study to be provided by the eligible entity, and a description of how such program establishes a foundation for students to enter into a qualified teacher preparation program at a 4-year institution.
Priority
In awarding grants under this subpart, the Secretary shall give priority to applications the goals of which are to—
increase the diversification of the teacher workforce by enrolling and retaining students from minority racial and ethnic backgrounds and others underrepresented in the local education workforce;
prepare teachers for high-demand subject areas including science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient individuals; or
prepare teachers to enter into high-need schools.
Definitions
In this subpart:
Community college
The term community college means a publicly funded institution of higher education (as defined in section 101) at which the highest degree awarded is predominantly the associates degree.
Four-year institution
The term 4-year institution means an institution of higher education (as defined in section 101(a)) that provides a 4-year program of instruction for which the institution awards a bachelor’s degree.
Qualified teacher preparation program
The term qualified teacher preparation program means an undergraduate program for students at an institution of higher education that—
encourages collaboration between faculty in education and faculty in the relevant subject areas including, sciences mathematics, and foreign languages to pursue content coordination for courses taken frequently by students preparing to be teachers;
offers support services, including mentoring, exposure to and field experience in the classroom prior to graduation, or other practices, for students while they are in the program, and after graduation while working as teachers; and
focuses on increasing the number of teachers for high-demand subject areas.
Honorable Augustus F. Hawkins Centers of Excellence
Definitions
In this subpart:
Eligible institution
The term eligible institution means—
an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program under section 252, and that is—
a part B institution (as defined in section 322);
a Hispanic-serving institution (as defined in section 502);
a Tribal College or University (as defined in section 316);
an Alaska Native-serving institution (as defined in section 317(b));
a Native Hawaiian-serving institution (as defined in section 317(b));
a Predominantly Black Institution (as defined in section 318(b));
an Asian American and Pacific Islander-serving institution (as defined in section 319(b)); or
a Native American-serving non-tribal institution (as defined in section 320(b));
a consortium of institutions described in subparagraph (A); or
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 262 is located at an institution described in subparagraph (A).
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 (20 U.S.C. 6368).
Augustus F. Hawkins Centers of excellence
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.
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:
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 for instructional techniques to improve student academic achievement, by—
retraining or recruiting faculty; and
designing (or redesigning) teacher preparation programs that—
prepare teachers to serve in low-performing schools and close student achievement gaps, and are based on rigorous academic content, scientifically valid research (including scientifically based reading research), and challenging State student academic content standards; and
promote strong teaching skills, as defined in section 200(b).
Providing sustained and high-quality pre-service 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.
Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide—
teacher or principal mentoring from exemplary teachers or principals; or
induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively.
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.
Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies.
Activities authorized under section 202.
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.
Minimum grant amount
The minimum amount of each grant under this subpart shall be $500,000.
Limitation on administrative expenses
An eligible institution that receives a grant under this subpart may not use more than 2 percent of the grant funds for purposes of administering the grant.
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out this subpart.
Teach for America
Teach for America
Definitions
Grantee
The term grantee means Teach For America, Inc.
High need
Notwithstanding section 200(b), the term high need, when used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers.
Grants Authorized
The Secretary is authorized to award a grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for 2 years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers.
Requirements
In carrying out the grant program under subsection (b), the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this subpart to—
provide highly qualified teachers to high need local educational agencies in urban and rural communities;
pay the costs of recruiting, selecting, training, and supporting new teachers; and
serve a substantial number and percentage of underserved students.
Authorized Activities
In general
Grant funds provided under this subpart shall be used by the grantee to carry out each of the following activities:
Recruiting and selecting teachers through a highly selective national process.
Providing pre-service training to such teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education course work and theory.
Placing such teachers in schools and positions designated by high need local educational agencies as high need placements serving underserved students.
Providing ongoing professional development activities for such teachers’ first 2 years in the classroom, including regular classroom observations and feedback, and ongoing training and support.
Limitation
The grantee shall use all grant funds received under this subpart to support activities related directly to the recruitment, selection, training, and support of teachers as described in paragraph (1).
Reports and Evaluations
Annual report
The grantee shall provide to the Secretary an annual report that includes—
data on the number and quality of the teachers provided to local educational agencies through a grant under this subpart;
an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and
comprehensive data on the background of the teachers chosen, the training such teachers received, the placement sites of such teachers, the professional development of such teachers, and the retention of such teachers.
Study
In general
From funds appropriated under section 240, the Secretary shall provide for a study that examines the achievement levels of the students taught by the teachers assisted under this subpart.
Student learning gains compared
The study shall compare, within the same schools, the student learning gains made by students taught by teachers who are assisted under this subpart with the student learning gains made by students taught by teachers who are not assisted under this subpart.
Requirements
The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple placement sites and multiple schools within placement sites.
Peer review standards
Each such study shall meet the peer review standards of the education research community. Further, the peer review standards shall ensure that reviewers have expertise in assessment systems, accountability, and instruction.
Authorization of appropriations
Of the sums authorized to be appropriated by section 240, the amount authorized to be appropriated to carry out this section shall not exceed—
$20,000,000 for fiscal year 2009;
$25,000,000 for fiscal year 2010; and
such sums as may be necessary for each of the 3 succeeding fiscal years.
Early childhood education professional development and career task force
Purpose
It is the purpose of this subpart—
to improve the quality of the early childhood education workforce by creating a statewide early childhood education professional development and career task force for early childhood education program staff, directors, and administrators; and
to create—
a coherent system of core competencies, pathways to qualifications, credentials, degrees, quality assurances, access, and outreach, for early childhood education program staff, directors, and administrators, that is linked to compensation commensurate with experience and qualifications;
articulation agreements that enable early childhood education professionals to transition easily among degrees; and
compensation initiatives for individuals working in an early childhood education program that reflect the individuals’ credentials, degrees, and experience.
Definition of early childhood education program
In this subpart, the term early childhood education program means—
a family child care program, center-based child care program, State prekindergarten program, or school-based program, that—
provides early childhood development and education;
is licensed or regulated by the State; and
serves children from birth to school entry;
a Head Start Program carried out under the Head Start Act;
an Early Head Start Program carried out under section 645A of the Head Start Act; or
a program authorized under section 619 or part C of the Individuals with Disabilities Education Act.
Grants authorized
In general
The Secretary is authorized to award grants to States in accordance with the provisions of this subpart to enable such States—
to establish a State Task Force described in section 284; and
to support activities of the State Task Force described in section 285.
Competitive basis
Grants under this subpart shall be awarded on a competitive basis.
Equitable geographic distribution
In awarding grants under this subpart, the Secretary shall take into consideration providing an equitable geographic distribution of such grants.
Duration
Grants under this subpart shall be awarded for a period of 3 years.
State task force establishment
State Task Force established
The Governor of a State receiving a grant
under this subpart shall establish, or designate an existing entity to serve
as, the State Early Childhood Education Professional Development and Career
Task Force (hereafter in this subpart referred to as the State Task
Force
).
Membership
The State Task Force shall include a representative of a State educational agency, an institution of higher education (including an associate or a baccalaureate degree granting institution of higher education), an early childhood education program, a nonprofit early childhood organization, a statewide early childhood workforce scholarship or supplemental initiative, the State Head Start collaboration director, and any other entity or individual the Governor determines appropriate.
State task force activities
Activities
The State Task Force shall—
coordinate and communicate regularly with
existing State Advisory Councils on Early Care and Education or a similar State
entity charged with creating a comprehensive system of early care and education
in the State (hereafter in this subpart referred to as State Advisory
Councils
) for the purposes of—
integrating recommendations for early childhood professional development and career activities into the plans of the State Advisory Council; and
assisting in the implementation of professional development and career activities that are consistent with the plans described in subparagraph (A);
conduct a review of opportunities for and barriers to high quality professional development, training, and higher education degree programs in early childhood development and learning, including a periodic statewide survey concerning the demographics of individuals working in early childhood education programs in the State, which survey shall include information disaggregated by—
race, gender, and ethnicity;
compensation levels;
type of early childhood education program setting;
specialized knowledge of child development;
years of experience in an early childhood education program;
attainment of—
academic credit for course work;
an academic degree;
a credential;
licensure; or
certification in early childhood education; and
specialized knowledge in the education of children with limited English proficiency; and
develop a plan for a comprehensive statewide professional development and career system for individuals working in early childhood education programs or for early childhood education providers, which plan shall include—
methods of providing outreach to early childhood education program staff, directors, and administrators to enable such individuals and providers to be aware of opportunities and resources under the statewide plan, which may include outreach to underrepresented populations in the profession;
developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs;
increasing the participation of early childhood educators in high quality training and professional development by assisting in paying the costs of enrollment in and completion of such training and professional development courses;
increasing the participation of early childhood educators in postsecondary education programs leading to degrees in early childhood education by providing assistance to pay the costs of enrollment in and completion of such postsecondary education programs, which assistance—
shall only be provided to an individual who—
enters into an agreement under which the individual agrees to work, for a reasonable number of years after receiving such a degree, in an early childhood education program that is located in a low-income area; and
has a family income equal to or less than the annually adjusted national median family income as determined by the Bureau of the Census; and
shall be provided in an amount that does not exceed $17,500;
supporting professional development activities and a career lattice for a variety of early childhood professional roles with varying professional qualifications and responsibilities for early childhood education personnel, including strategies to enhance the compensation of such personnel;
supporting articulation agreements between 2- and 4-year public and private institutions of higher education and mechanisms to transform other training, professional development, and experience into academic credit;
developing mentoring and coaching programs to support new educators in and directors of early childhood education programs;
providing career development advising with respect to the field of early childhood education, including informing an individual regarding—
entry into and continuing education requirements for professional roles in the field;
available financial assistance; and
professional development and career advancement in the field;
enhancing the quality of faculty and course work in postsecondary programs that lead to an associate, baccalaureate, or graduate degree in early childhood education;
consideration of the availability of on-line graduate level professional development offered by institutions of higher education with experience and demonstrated expertise in establishing programs in child development, in order to improve the skills and expertise of individuals working in early childhood education programs; and
developing or enhancing a system of quality assurance with respect to the early childhood education professional development and career system, including standards or qualifications for individuals and entities who offer training and professional development in early childhood education.
Public hearings
The State Task Force shall hold public hearings and provide an opportunity for public comment on the activities described in the statewide plan described in subsection (a)(3).
Periodic review
The State Task Force shall meet periodically to review implementation of the statewide plan and to recommend any changes to the statewide plan the State Task Force determines necessary.
State application and report
In general
Each State desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Each such application shall include a description of—
the membership of the State Task Force;
the activities for which the grant assistance will be used;
other Federal, State, local, and private resources that will be available to support the activities of the State Task Force described in section 285;
the availability within the State of training, educator preparation, professional development, compensation initiatives, and career systems, related to early childhood education; and
the resources available within the State for such training, educator preparation, professional development, compensation initiatives, and career systems.
Report to the Secretary
Not later than 2 years after receiving a grant under this subpart, a State shall submit a report to the Secretary that shall describe—
other Federal, State, local, and private resources that will be used in combination with a grant under this subpart to develop or expand the State’s early childhood education professional development and career activities;
the ways in which the State Advisory Council will coordinate the various State and local activities that support the early childhood education professional development and career system; and
the ways in which the State Task Force will use funds provided under this subpart to carry out the activities described in section 285.
Evaluations
State evaluation
Each State receiving a grant under this subpart shall—
evaluate the activities that are assisted under this subpart in order to determine—
the effectiveness of the activities in achieving State goals;
the impact of a career lattice for individuals working in early childhood education programs;
the impact of the activities on licensing or regulating requirements for individuals in the field of early childhood development;
the impact of the activities, and the impact of the statewide plan described in section 286(a)(3), on the quality of education, professional development, and training related to early childhood education programs that are offered in the State;
the change in compensation and retention of individuals working in early childhood education programs within the State resulting from the activities; and
the impact of the activities on the demographic characteristics of individuals working in early childhood education programs; and
submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1).
Secretary’s evaluation
Not later than September 30, 2013, the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the authorizing committees an evaluation of the State reports submitted under subsection (a)(2).
Preparing General Education Teachers to More Effectively Educate Students with Disabilities
Teach to Reach Grants
Authorization of program
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 their classrooms.
Duration of grants
A grant under this section shall be awarded for a period of five years.
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.
Definition of eligible partnership
In this
section, the term eligible partnership
is a partnership
that—
shall include—
one or more departments or programs at an institution of higher education—
that prepare elementary or secondary general education teachers;
that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a post-baccalaureate program required for teacher certification; and
the graduates of which are highly qualified, as defined in section 9101 of the Elementary and Secondary Education Act of 1965;
a department or program of special education at an institution of higher education; and
a high-need local educational agency; and
may include a department or program of mathematics, earth or physical science, foreign language, or other departments at the institution that have a role in preparing teachers.
Required activities
An eligible partnership that receives a grant under this section shall use the grant funds to—
develop or strengthen an undergraduate, post-baccalaureate, or master’s teacher preparation program by integrating special education strategies into the general education curriculum and academic content;
provide teacher candidates participating in the program under paragraph (1) with skills related to—
response to intervention, positive behavioral supports, differentiated instruction, and data driven instruction;
developing and administering alternate assessments of students with disabilities;
determining and utilizing accommodations for instruction and assessments;
collaborating with special educators, related services providers, and parents, including participation in Individualized Education Program development and implementation; and
utilizing technology and assistive technology for students with disabilities; and
provide extensive clinical experience for such participants, with mentoring and induction support throughout the program that continues during the first year of full-time teaching.
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—
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.
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).
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.
Evaluations
By the partnership
An eligible partnership receiving a grant under this section shall conduct an evaluation at the end of the grant period to determine the effectiveness of the general education teachers who completed a program under subsection (c)(1) at instruction of students with disabilities in general education classrooms, and 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 and secondary schools. Each eligible partnership performing an evaluation under this paragraph shall report the findings of such evaluation to the Secretary.
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.
.
National Academy of Sciences study of best practices in teacher preparation
In general
The Secretary shall enter into a contract with the National Academy of Sciences to conduct a 2-year study to develop suggested best practices in teacher preparation for departments, schools, and colleges of education. Such best practices shall include recommendations to improve teaching skills, including skills related to working with diverse populations.
Best research; suggested training
The suggested best practices developed under subsection (a) shall reflect the best research into how students learn and on the content-specific methods shown to be effective with students, including examining how children learn. The suggested best practices shall include suggested training for general and special education teachers in working with diverse populations, utilizing the principles of universal design for learning, assessments in the classroom, and classroom management.
Collaboration
In general
In conducting the study under subsection (a), the National Academy of Sciences shall collaborate with interested parties in developing the suggested best practices.
Interested parties
In this subsection, the term interested parties means—
college presidents;
deans of arts and sciences and teacher education programs;
teacher preparation faculty;
chief State school officers;
school superintendents;
teacher organizations;
outstanding teachers and principals;
teacher preparation accrediting organizations;
individuals or organizations with expertise in working with diverse populations, including students with disabilities and limited English proficient students; and
other organizations with expertise in teacher recruitment and training.
Prohibition
Nothing in this section shall be construed to authorize the National Academy of Sciences to recommend, or any other Federal Government entity or contractor to mandate, direct, control, or suggest, a specific curriculum for teacher education programs.
TITLE III AMENDMENTS
Program purpose
Section 311 (20 U.S.C. 1057) is amended—
in subsection (b)—
in paragraph (1), by striking
351
and inserting 391
; and
in paragraph (3)(F), by inserting ,
including services that will assist in the education of special
populations
before the period; and
in subsection (c)—
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
before the period;
by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively;
by inserting after paragraph (6) the following:
Education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents.
;
in paragraph (12) (as redesignated by
subparagraph (B)), by striking distance learning academic instruction
capabilities
and inserting distance education
technologies
; and
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
.
Title III grants for American Indian Tribally Controlled Colleges and Universities
Eligible institutions
Section 316(b)(3) (20 U.S.C. 1059c(b)(3)) is amended to read as follows:
Tribal College or University
The term Tribal College or University means an institution that—
qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Assistance Act (25 U.S.C. 640a note); or
is cited in section 532 of the Equity in Educational Land Grant Status Act of 1994 (7 U.S.C. 301 note).
.
Distance learning
Section 316(c)(2) is amended—
by amending subparagraph (B) to read as follows:
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;
;
in
subparagraph (C), by inserting before the semicolon at the end the following:
, or advanced degrees in tribal governance or tribal public
policy
;
in subparagraph (D), by inserting before
the semicolon at the end the following: , and in tribal governance or
tribal public policy
;
by striking
and
at the end of subparagraph (K);
by redesignating subparagraph (L) as subparagraph (M); and
by inserting after subparagraph (K) the following new subparagraph:
developing or improving facilities for Internet use or other distance learning academic instruction capabilities; and
.
Application and allotment
Section 316(d) is amended to read as follows:
Application and allotment
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).
Application
Any Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may reasonably require.
Minimum grant
Notwithstanding section 399(c), the amount allotted to each institution under this section shall not be less than $500,000.
Special rules
Concurrent funding
For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
Exemption
Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.
.
Allocation of funds
Section 316 is further amended by adding at the end the following new subsections:
Construction Grants
In general
Of the amount appropriated to carry out this section for any fiscal year, beginning with fiscal year 2009, the Secretary may reserve 30 percent of such amount for the purpose of awarding 1-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.
Preference
In providing grants under paragraph (1) 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.
Allotment of remaining funds
The Secretary shall distribute any funds appropriated to carry out this section for any fiscal year that remain available after the Secretary has awarded grants under subsection (e), to each eligible institution as follows:
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 College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and Universities; and
the remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.
.
Predominantly Black Institutions
Part A of title III is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section:
Predominantly Black Institutions
Purpose
It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.
Definitions
For purposes of this section:
Predominantly Black Institution
The term Predominantly Black Institution means an institution of higher education—
that is an eligible institution (as defined in paragraph (5)(A) of this subsection) with a minimum of 1,000 undergraduate students;
at which at least 50 percent of the undergraduate students enrolled at the institution are low-income individuals or first-generation college students (as that term is defined in section 402A(g)); and
at which at least 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the institution is licensed to award by the State in which it is located.
Low-income individual
The term low-income individual has the meaning given such term in section 402A(g).
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 programs’ benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit.
State
The term State means each of the 50 States and the District of Columbia.
Other definitions
For purposes of this section, the terms defined by section 312 have the meanings provided by that section, except as follows:
Eligible institution
The term eligible institution means an institution of higher education that—
has an enrollment of needy undergraduate students as required and defined by subparagraph (B);
except as provided in section 392(b), the average educational and general expenditure of which are 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;
has an enrollment of undergraduate students that is at least 40 percent Black American students;
is legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelors degree, or in the case of a junior or community college, an associate’s degree;
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
is not receiving assistance under part B of this title.
In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in clause (i)(II) or clause (i)(III). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in paragraph (1)(B) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in paragraph (1)(C).
Enrollment of needy students
The term enrollment of needy students means the enrollment at an eligible institution with respect to which at least 50 percent of the undergraduate students enrolled in an academic program leading to a degree—
in the second fiscal year preceding the fiscal year for which the determination is made, were Pell Grant recipients in such year;
come from families that receive benefits under a means-tested Federal benefits program (as defined in paragraph (3));
attended a secondary school that was a high-need school during any year of such attendance; or
are
first-generation college students
as that term is defined in
section 402A(g), and a majority of such first-generation college students are
low-income individuals.
Authorized Activities
Types of activities authorized
Grants awarded pursuant to subsection (d) shall be used by Predominantly Black Institutions—
to assist the institution to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;
to expand higher education opportunities for title IV eligible students by encouraging college preparation and student persistence in secondary and postsecondary education; and
to strengthen the institution’s financial ability to serve the academic needs of the students described in subparagraphs (A) and (B).
Authorized activities
Grants made to an institution under subsection (d) shall be used for one or more of the following activities:
The activities described in section 311(c)(1) through (11).
Academic instruction in disciplines in which Black Americans are underrepresented.
Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher certification.
Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education.
Other activities proposed in the application submitted pursuant to subsection (e) that—
contribute to carrying out the purposes of this section; and
are approved by the Secretary as part of the review and acceptance of such application.
Endowment Fund
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.
Matching requirement
In order to be eligible to use grant funds in accordance with subparagraph (A), the 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.
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).
Limitation
Not more than 50 percent of the allotment of any Predominantly Black Institution may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.
Allotments to Predominantly Black Institutions
Allotment: Pell Grant basis
From the amount 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 (e) a sum which bears the same ratio to one-half that amount as the number of 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 Pell Grant recipients at all institutions eligible under this section.
Allotment: graduates basis
From the amount 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 (e) a sum which bears the same ratio to one-fourth that amount as the number of graduates for such year at such institution bears to the total number of graduates for such year at all intuitions eligible under this section.
Allotment: graduates seeking a higher degree basis
From the amount 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 (e) a sum which bears the same ratio to one-fourth of that amount as the percentage of graduates per institution who, within 2 years of graduation with an associates degree or a baccalaureate degree, are admitted to and in attendance at, either 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 per institution for all eligible institutions.
Minimum allotment
Notwithstanding paragraphs (1), (2), and (3) of this subsection and section 399(c), the amount allotted to each Predominantly Black Institution under this section shall not be less than $250,000.
If the amount appropriated pursuant to section 399 for any fiscal year is not sufficient to pay the minimum allotment, the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocation shall be increased on the same basis as it was reduced until the amount allotted equals the minimum allotment required by subparagraph (A).
Reallotment
The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year, which the Secretary determines will not be required for such institution for the period such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotment 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 deems appropriate.
Applications
No Predominantly Black Institution shall be entitled to its allotment of Federal funds for any grant under subsection (d) for any period unless the institution submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
Application review process
Section 393 shall not apply to applications under this section.
Prohibition
No Predominantly Black Institution that applies for and receives a grant under this section may apply for or receive funds under any other program under this part or part B of this title.
Duration and carryover
Any funds paid to a Predominantly Black Institution under this section and not expended or used for the purposes for which the funds were paid within 10 years following the date of the grant awarded to such institution under this section shall be repaid to the Treasury of the United States.
.
Assistance to Asian American and Native American Pacific Islander-serving institutions
Part A of title III is amended by inserting after section 318 (as added by section 303 of this Act) the following new section:
Asian American and Native American Pacific Islander-serving institutions
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.
Definitions
For the purpose of this section—
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);
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;
the term Asian American and Native American Pacific Islander-serving institution means an institution of higher education that—
is an eligible institution under section 312(b); and
at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander students; and
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.
Authorized activities
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.
Examples of authorized activities
Such programs may include—
purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
renovation and improvement in classroom, library, laboratory, and other instructional facilities;
support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;
curriculum development and academic instruction;
purchase of library books, periodicals, microfilm, and other educational materials;
funds and administrative management, and acquisition of equipment for use in strengthening funds management;
joint use of facilities such as laboratories and libraries;
academic tutoring and counseling programs and student support services;
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;
establishing or improving an endowment fund;
academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are under-represented;
conducting research and data collection for Asian American and Native American Pacific Islander populations and sub-populations; and
establishing partnerships with community based organizations serving Asian Americans and Native American Pacific Islanders.
Application process
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 require.
Applications
Any institution which 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 5-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
such other information and assurance as the Secretary may require.
Special rules
Eligibility
No Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
Exemption
Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.
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; and
give priority consideration to institutions that serve a significant percentage of Asian American and Native American Pacific Islander students who are low-income individuals.
.
Native American-serving, nontribal institutions
Grant Program Authorized
Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding after section 319 (as added by section 304 of this Act) the following new section:
Native American-serving, nontribal institutions
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.
Definitions
In this section:
Native american
The term Native American means an individual who is of a tribe, people, or culture that is indigenous to the United States.
Native american-serving, nontribal institution
The term Native American-serving, nontribal institution means an institution of higher education that, at the time of application—
has an enrollment of undergraduate students that is not less than 10 percent Native American students; and
is not a Tribal College or University (as defined in section 316).
Authorized Activities
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.
Examples of authorized activities
Such programs may include—
the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
renovation and improvement in classroom, library, laboratory, and other instructional facilities;
support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;
curriculum development and academic instruction;
the purchase of library books, periodicals, microfilm, and other educational materials;
funds and administrative management, and acquisition of equipment for use in strengthening funds management;
the joint use of facilities such as laboratories and libraries; and
academic tutoring and counseling programs and student support services.
Application Process
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 by regulation require.
Applications
Permission 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.
Simplified and streamlined format
The Secretary shall, to the extent possible, 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.
Content
An application submitted under subparagraph (A) shall include—
a 5-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans; and
such other information and assurances as the Secretary may require.
Special rules
Eligibility
No Native American-serving, nontribal institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
Exemption
Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.
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.
.
Strengthening Historically Black Colleges and Universities
Definitions
Section 322(4) (20 U.S.C. 1061(4)) is
amended by inserting after the Secretary
the following: ,
in consultation with the Commissioner of the National Center for Education
Statistics,
.
Authorized Activities
Section 323(a) (20 U.S.C. 1062(a)) is amended—
by redesignating paragraph (12) as paragraph (15); and
by inserting after paragraph (11) the following new paragraphs:
Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.
Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ parents, especially with regard to student indebtedness and student assistance programs under the title IV.
Technical assistance or 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.
.
Allotments
Minimum allotment
Subsection (d) of section 324 (20 U.S.C. 1063(d)) is amended to read as follows:
Minimum Allotment
If an otherwise eligible part B institution did not enroll any Pell Grant recipients, or did not graduate any students in the previous academic year, or where appropriate, send any such graduates on to graduate or first-professional degree study, the institution shall not receive a grant under this part.
If the data provided by an eligible institution, pursuant to this section, is insufficient to justify an award in excess of $500,000, the otherwise eligible institution shall receive an allotment of $500,000, except that the Secretary shall not make an award of $500,000 if the amount determined based upon the formulas using subsection (b), (c), and (d) would be less than $250,000. If the amount determined by the formula would be less than $250,000, the Secretary shall award the minimum allotment of $250,000.
.
Condition for allotments
Section 324 (20 U.S.C. 1063) is further amended by adding at the end the following new subsection:
Conditions for Allotments
No institution shall receive an allotment under this section unless the institution provides data, required by the Secretary consistent with the formula in subsections (a) through (c), including the number of Pell Grant recipients enrolled in the previous award year; the number of students who earned an associate or baccalaureate degree in the previous academic year; and, when appropriate, the percentage of graduates who, within the past five years, enrolled in a graduate or first-professional degree program. No institution shall receive an allotment, including the minimum allotment under subsection (d), unless the institution provides the data required of that institution by the Secretary.
.
Professional or Graduate Institutions
Duration of grant
Section 326(b) (20
U.S.C. 1063b(b)) is amended by adding at the end the following new sentence:
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.
.
Authorized Activities
Section 326(c) (20 U.S.C. 1063b(c)) is amended—
by striking
and
at the end of paragraph (6);
by striking the period at the end of paragraph (7) and inserting a semicolon; and
by adding at the end the following new paragraphs:
acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities;
education or financial information designed to improve the financial literacy and economic literacy of students or the students’ parents, especially with regard to student indebtedness and student assistance programs under the title IV; and
technical assistance or 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.
.
Eligibility
Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended—
by striking
and
at the end of subparagraph (Q);
by striking the period at the end of subparagraph (R) and inserting a semicolon; and
by adding at the end the following new subparagraphs:
Alabama State University qualified graduate programs;
Bowie State University qualified graduate programs;
Delaware State University qualified graduate programs;
Langston University qualified graduate programs;
Prairie View A&M University qualified graduate programs; and
University of the District of Columbia David A. Clarke School of Law.
.
Conforming amendment
Section 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended—
by striking
1998
and inserting 2008
; and
by striking
(Q) and (R)
and inserting (S) through (X)
.
Preservation of funding
Section 326(f) (20 U.S.C. 1063b(f)) is amended—
in paragraph (1)—
by
striking $26,600,000
and inserting $54,500,000
;
and
by
striking (P)
and inserting (R)
;
in paragraph (2)—
by
striking $26,600,000, but not in excess of $28,600,000
and
inserting $54,500,000, but not in excess of $60,500,000
;
and
by
striking subparagraphs (Q) and (R)
and inserting
subparagraphs (S) through (X)
; and
in paragraph (3)—
by
striking $28,600,000
and inserting $60,500,000
;
and
by
striking (R)
and inserting (X)
.
Unexpended funds
Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as follows:
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.
.
Endowment Challenge Grants
Amounts
Section 331(b) (20 U.S.C. 1065(b)) is amended—
in paragraph
(2)(B)(i), by striking $500,000
and inserting
$1,000,000
; and
in paragraph (5),
by striking $50,000
and inserting
$100,000
.
Technical Assistance
Section 331 (20 U.S.C. 1065) is further amended by adding at the end the following new subsection:
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.
.
Historically Black College and University Capital Financing
Definitions
Section 342 (20 U.S.C. 1066a) is amended—
in paragraph
(5)(G), by inserting by an accrediting agency or association recognized
by the Secretary of Education
after agency or
association
;
in paragraph (8)—
is amended by striking the
private
and inserting any private
; and
by inserting
adding capital project
after issuing taxable
;
and
by adding at the end the following new paragraphs:
The term eligible foundation
means a non-profit foundation owned and sponsored by an eligible institution,
or an entity wholly owned by such a foundation.
The term
borrower
means the eligible institution or the eligible
foundation that receives funding pursuant to a
loan.
.
Federal Insurance for Bonds
Responsibilities of Designated Bonding Authority
Section 343(b) (20 U.S.C. 1066b(b)) is amended—
in paragraph (1),
by striking 2 percent
and inserting 1 percent
;
in paragraph
(3)(A), by inserting , not to exceed 1 percent,
after
charge such interest
;
in paragraph (8)—
by
inserting for loans closed before June 15, 2008,
before
establish an escrow account
;
in
subparagraph (B)(ii), by inserting within 90 days
after
loan proceeds
;
by striking
and
at the end of paragraph (10);
by striking the period at the end of paragraph (11) and inserting a semicolon; and
by adding at the end the following new paragraphs:
with respect to any such loan, provide that any loan collateralization shall not exceed 100 percent of the loan amount; and
for loans closed after, June 15, 2008, establish a reserve account which shall be available to the Secretary to pay principal and interest on the bonds in the event of delinquency in loan repayment, which reserve account shall consist of an origination fee of 1 percent with respect to each loan.
.
Forbearance; Deferment
Section 343 is further amended by adding at the end the follow new subsections:
Forbearance
An insurance agreement under this subsection shall contain provisions providing that, upon request from the borrower and with the approval of the Secretary in consultation with the Advisory Board, the designated bond authority shall grant a borrower forbearance, renewable at 12-month intervals, on terms agreed to in writing by the parties to the loan with the approval of the Secretary, and otherwise consistent with the regulations of the Secretary.
Deferment
An insurance agreement under this subsection shall contain provisions providing that, during construction or renovation, the Designated Bond Authority shall grant a borrower deferment, renewable at 12-month intervals, on terms agreed to in writing by the parties to the loan with the approval of the Secretary in consultation with the Advisory Board, and otherwise consistent with the regulations of the Secretary.
.
Limitations on Federal insurance for bonds issued by the designated bonding authority
Section 344(a) (20 U.S.C. 1066c(a)) is amended—
by striking
$375,000,000
and inserting $1,100,000,000
;
by striking
$250,000,000
and inserting $733,333,333
;
and
by striking
$125,000,000
and inserting $366,666,666
.
Authority of the Secretary
Section 345(1) (20 U.S.C. 1066d(1)) is amended—
by striking
the Higher Education Amendments of 1992,
and inserting
the College Opportunity and Affordability Act of 2008
;
by striking
and
at the end of subparagraph (A); and
by inserting after subparagraph (B) the following new subparagraphs:
specify up to 3 designated bonding authorities to be authorized under this part; and
provide for periodic review of designated bonding authority authorizations no less frequently than every 3 years;
.
HBCU Capital Financing Advisory Board
Section 347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended—
by striking out
9 members
and inserting 11 members
;
in
subparagraph (C), by striking two
and inserting
three
;
by adding at the end the following new subparagraph:
The president of the Thurgood Marshall Scholarship Fund.
.
Programs in STEM fields
YES Partnerships; Entry into STEM fields
Part E of title III (20 U.S.C.1067 et seq.) is amended—
by redesignating subpart 2 as subpart 3; and
by inserting after subpart 1 the following new subpart:
Programs in STEM fields
YES Partnerships grant program
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 underrepresented minority youth engagement in science, technology, engineering, and mathematics through outreach and hands-on, experiential-based learning projects that encourage underrepresented minority students in kindergarten through grade 12 to pursue careers in science, technology, engineering, and mathematics.
Minimum grant amount
A grant awarded to a partnership under this subpart shall be for an amount that is not less than $500,000.
Duration
A grant awarded under this subpart shall be for a period of 5 years.
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.
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.
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.
Promotion of entry into STEM fields
Authority To contract, subject to appropriations
The Secretary of Education 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 math (STEM) fields by encouraging young Americans to enter the those fields.
Design of campaign
Such a campaign shall be designed to enhance the image of education and professions in the STEM fields and promote participation in the STEM fields and shall include—
monitoring trends in youth attitudes toward pursuing education and professions in the STEM fields and their propensity toward entering the STEM fields;
determining what factors contribute to encouraging and discouraging Americans from pursuing study in STEM fields and entering the STEM fields professionally;
determining what specific factors limit the participation of groups currently underrepresented in STEM fields, including Latinos, African-Americans, and women; and
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.
Required components
Such a campaign shall include components that focus tailored messages on appropriate age groups, starting with elementary school students. Such a campaign shall 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.
Priority
Such a campaign shall hold as a high priority making specific appeals to Latinos, African-Americans, and women, who are currently under-represented in the STEM fields, in order to increase their numbers in the STEM fields, and shall tailor recruitment efforts to each specific group.
Use of variety of media
Such a campaign shall make use of a variety of media, with an emphasis on television advertising, to reach its intended audience.
Teaching
Such a campaign 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 and secondary school.
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.
.
Eligibility for grants
Section 361 (20 U.S.C. 1067g) is amended—
by striking
or
at the end of paragraph (3);
in paragraph (4)—
by inserting
to include public institutions of higher education
after
organizations,
;
in subparagraph (C), by inserting before
the semicolon the following: , the Department of Defense, or the
National Science Foundation
;
by striking
or
at the end of subparagraph (D);
by striking the
period at the end of subparagraph (E) and inserting ; or
;
and
by adding at the end the following new subparagraph:
institutions of higher education which have State-approved centers for research in science, technology, engineering, and mathematics; or
; and
by adding at the end the following new paragraph:
only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include—
at least one institution of higher education eligible for assistance under this title or title V;
at least one high need local educational agency (as defined in section 200); and
at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, or State agencies.
.
Technical assistance
Section 391 (20 U.S.C. 1068) is amended by adding at the end the following new subsection:
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.
.
Waiver authority
Section 392 (20 U.S.C. 1068a) is amended by adding at the end the following new subsection:
Waiver authority with respect to institutions located in an area affected by a Gulf hurricane disaster
Waiver authority
Notwithstanding any other provision of the 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 2013—
waive—
the eligibility data requirements set forth in section 391(d);
the wait-out period set forth in section 313(d);
the allotment requirements under section 324; and
the use of the funding formula developed pursuant to section 326(f)(3);
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 impacted by any formula calculation for fiscal year 2009 or for any of the 4 succeeding fiscal years; and
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.
Definitions
In this subsection:
Affected institution
The term affected institution means an institution of higher education that—
is—
a part A institution, as such term is defined in section 312(b);
an American Indian Tribal College or University, as such term is defined in section 316(b);
an Alaskan Native-serving institution or Native Hawaiian-serving institution, as such terms are defined in section 317(b); or
a part B institution, as such term is defined in section 322(2), or as identified in section 326(e) of such Act of 1965 (20 U.S.C. 1063(b));
is located in an area affected by a Gulf hurricane disaster; and
is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution—
incurred physical damage;
has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and
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.
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).
.
Authorization of appropriations
Authorizations
Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as follows:
Authorizations
Part a
There are authorized to be appropriated to carry out part A, $150,000,000 (other than sections 316 through 320) for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years.
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 4 succeeding fiscal years.
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 4 succeeding fiscal years.
There are authorized to be appropriated to carry out section 318, $75,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.
There are authorized to be appropriated to carry out section 319, $30,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.
There are authorized to be appropriated to carry out section 320, $25,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.
Part b
There are authorized to be appropriated to carry out part B (other than section 326), $500,000,000 for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years.
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 4 succeeding fiscal years.
Part c
There are authorized to be appropriated to carry out part C, $20,000,000 for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years.
Part d
There are authorized to be appropriated to carry out part D (other than section 345(7), but including section 347), $150,000 for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years.
There are authorized to be appropriated to carry out section 345(7), such sums as may be necessary for fiscal year 2009 and each of the 4 succeeding fiscal years.
Part e
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 4 succeeding fiscal years.
There are authorized to be appropriated to carry out subpart 2 of part E, $10,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.
.
Minimum grant amount
Section 399 (20 U.S.C. 1068h) is amended by adding at the end the following:
Minimum Grant Amount
The minimum amount of a grant under this title shall be $200,000.
.
Technical corrections
Amendments
Title III (20 U.S.C. 1051 et seq.) is further amended—
in section 342(5)(C) (20 U.S.C.
1066a(5)(C)), by striking ,,
and inserting
,
;
in section 343(e) (20 U.S.C. 1066b(e)), by
inserting Sale of
Qualified Bonds.—
before
Notwithstanding
;
in the matter preceding clause (i) of
section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking support
and inserting supports
;
in section 391(b)(7)(E) (20 U.S.C.
1068(b)(7)(E)), by striking subparagraph (E)
and inserting
subparagraph (D)
;
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
in the matter preceding paragraph (1) of
section 396 (20 U.S.C. 1068e), by striking 360
and inserting
399
.
Redesignation and relocation
The Higher Education Act of 1965 is further amended—
by redesignating part J of title IV (as added by section 802 of the College Cost Reduction and Access Act) as part G of title III, and moving such part from the end of title IV to the end of title III; and
by redesignating section 499A (as added by such section) as section 399A.
TITLE IV AMENDMENTS
PART A AMENDMENTS
Federal Pell Grants
Authorized Maximums
Section 401(b)(2)(A) (20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows:
The amount of the Federal Pell Grant for a student eligible under this part shall be $9,000 for each of the academic years 2009–2010 through 2013–2014, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.
.
Multiple Grants
Amendment
Paragraph (5) of section 401(b) is amended to read as follows:
Year-round pell grants
The Secretary shall, for students enrolled in a baccalaureate degree, associate’s degree, or certificate program of study at an eligible institution, award such students not more than two Pell grants during an award year to permit such students to accelerate progress toward their degree or certificate objectives by enrolling in courses for more than 2 semesters, or 3 quarters, or the equivalent, in a given academic year.
.
Effective date
The amendment made by paragraph (1) shall be effective July 1, 2009.
Ineligibility based on involuntary civil commitment for sexual offenses
Paragraph (7) of section 401(b) (as
redesignated by section 101(a) of the College Cost Reduction and Access Act) is
amended 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)
.
Technical amendments to CCRAA
Section 401(b)(9) is amended—
by amending subparagraph (D) to read as follows:
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
by amending subparagraph (F) to read as follows:
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.
.
Maximum duration of eligibility
Section 401(c) is amended by adding at the end the following new paragraph:
The period during which a student may receive Federal Pell Grants shall not exceed the equivalent of 18 semesters or 27 quarters in duration, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a semester or quarter but was enrolled at a fraction of full-time, that only that same fraction of such semester or quarter 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.
.
Calculation of Federal Pell Grant eligibility
Amendment
Section 401(f) of the Higher Education Act of 1965 (20 U.S.C. 1070a(f)) is amended by adding at the end the following new paragraph:
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).
Subparagraph (A) shall apply to any student at an institution of higher education—
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
who was 18 years or less, 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.
.
Effective date
The amendment made by paragraph (1) shall apply with respect to Federal Pell Grants awarded for academic year 2009–2010, and each succeeding academic year.
Academic Competitiveness Grants
Section 401A (as amended by section 8003 of Public Law 109–171)—
in subsection (b), by striking
academic
each place it appears;
in subsection (c)—
in the matter preceding paragraph (1)—
by
striking academic
and inserting award
; and
by striking
full–time
; and
by amending paragraph (1) to read as follows:
is an eligible student under section 484, including being enrolled or accepted for enrollment in a degree, certificate, or other eligible program leading to a recognized educational credential at an institution of higher education;
; and
in paragraph (3)—
by striking academic
each
place it appears;
by striking established by a State
or local educational agency and recognized as such by the Secretary
each place it appears in subparagraphs (A)(i) and (B)(i) and inserting
that prepares students for college and work beyond the basic graduation
requirements and that is recognized as such by the designated State official,
or with respect to any private school or home school, the designated school
official for such school, consistent with State law
;
in subparagraph
(A)(ii), by inserting , except as part of a secondary school program of
study
before the semicolon;
in subparagraph (C)—
by striking clause (i)(II) and inserting the following:
a critical foreign language; and
; and
in clause (ii), by striking the period at
the end and inserting ; and
; and
by adding at the end the following:
the third or fourth year of a program of undergraduate education at an institution of higher education (as defined in section 101(a)) that demonstrates, to the satisfaction of the Secretary, that the institution—
offers a single liberal arts curriculum leading to a baccalaureate degree, under which students are not permitted by the institution to declare a major in a particular subject area, and those students—
study, in such years, a subject described in subparagraph (C)(i) that is at least equal to the requirements for an academic major at an institution of higher education that offers a baccalaureate degree in such subject, as certified by an appropriate official from the institution; or
has obtained a cumulative grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) in the relevant coursework; and
offered such curriculum prior to February 8, 2006.
;
in subsection (d)—
in paragraph (1)(A)—
in
clause (i), by inserting for one academic year during the student's
first year of enrollment
after $750
;
in
clause (ii), by inserting for one academic year during the student's
second year of enrollment
after $1,300
; and
in clause (iii)—
by inserting
for one academic year
after $4,000
; and
by striking
subsection (c)(3)(C).
and inserting subparagraph (C) or
(D) of subsection (c)(3), for each of the 2 years described in such
subparagraphs; or
;
in paragraph (2)—
in subparagraph (A)—
by striking an academic
and
inserting a
; and
by striking
(B), or (C)
and inserting (B), (C), or (D)
;
and
in subparagraph (B)—
by striking
or
at the end of clause (ii); and
by striking clause (iii) and inserting the following:
two academic years under subsection (c)(3)(C); or
two academic years under subsection (c)(3)(D).
; and
by adding at the end the following new paragraph:
Adjustment for less than full-time enrollment
A grant awarded under this section to an eligible student who attends an eligible institution on a less than full-time (but at least half-time or more) basis shall be reduced in the same proportion as would a Federal Pell Grant pursuant to section 401(b)(2)(B).
; and
in subsection (g), by striking
academic
and inserting award
.
Federal TRIO Programs
Program Authority; Authorization of Appropriations
Section 402A (20 U.S.C. 1070a–11) is amended—
in subsection (b)—
in paragraph (1)—
by
inserting community-based organizations with experience in serving
disadvantaged youth
after private agencies and
organizations
; and
by
striking in exceptional circumstances,
;
in paragraph (2)—
in the matter preceding subparagraph (A),
by striking 4
and inserting 5
; and
by amending subparagraph (A) to read as follows:
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
by striking paragraph (3) and inserting the following:
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.
;
in subsection (c)—
in paragraph (2)—
by
striking (2) Prior
Experience.—In
and inserting the following:
Considerations
Prior Experience
In
;
by striking service delivery
and inserting high quality service delivery, as determined under
subsection (f),
; and
by adding at the end the following new subparagraph:
Participant need
In making grants under this chapter, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, college, or school or schools to be served to aid such participants in preparing for, enrolling in, or succeeding in college, as appropriate to the particular program for which the eligible entity is applying.
;
in paragraph (3)(B), by striking is
not required to
and inserting shall not
;
in paragraph (5), by striking
campuses
and inserting different campuses