H.R. 4137 (110th): Higher Education Opportunity Act

The text of the bill below is as of Dec 19, 2007 (Reported by House Committee).

Source: GPO

IB

Union Calendar No. 305

110th CONGRESS

1st Session

H. R. 4137

[Report No. 110–500, Part 1]

IN THE HOUSE OF REPRESENTATIVES

November 9, 2007

(for himself and Mr. Hinojosa) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Science and Technology, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

December 19, 2007

Additional sponsors: Mr. Sarbanes, Mr. Davis of Illinois, Mrs. McCarthy of New York, Mr. Hare, Ms. Hirono, Mr. Tierney, Mr. Payne, Mr. Courtney, Mrs. Davis of California, Mr. Yarmuth, Mr. Wu, Ms. Shea-Porter, Mr. Scott of Virginia, Ms. Woolsey, Ms. Clarke, Mr. Bishop of New York, Mr. Van Hollen, Mr. Altmire, Mr. Engel, Mr. Cohen, Ms. McCollum of Minnesota, Mr. Grijalva, Mr. Kildee, Mr. Honda, Mr. Loebsack, Mr. Sherman, Mrs. Napolitano, and Mr. Crowley

December 19, 2007

Reported from the Committee on Education and Labor with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

December 19, 2007

Committees on the Judiciary, Science and Technology, and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on November 9, 2007

A BILL

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

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the College Opportunity and Affordability Act of 2007.

(b)

Table of contents

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. 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. 113. 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.

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. Limitations on Federal insurance for bonds issued by the designated bonding authority.

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. 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. Consolidation loan disclosure.

Sec. 425. Loan forgiveness for service in areas of national need.

Sec. 428K. Loan forgiveness for service in areas of national need.

Sec. 426. Loan repayment for civil legal assistance attorneys.

Sec. 428L. Loan repayment for civil legal assistance attorneys.

Sec. 427. Settlement of claims.

Sec. 428. Delinquency prevention, default aversion, and consumer education information programs.

Sec. 433A. Delinquency prevention, default aversion, and consumer education information programs.

Sec. 429. Definition of eligible lender.

Sec. 430. Cohort default rates.

Sec. 431. 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. 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.

Part F—Need Analysis

Sec. 471. Cost of attendance.

Sec. 472. Discretion to make adjustments for nursing home expenses.

Sec. 473. Definitions.

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; Report.

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. Advisory Committee on Student Financial Assistance.

Sec. 493. Negotiated rulemaking.

Sec. 494. Technical amendment.

Sec. 495. 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. Fund for the improvement of postsecondary education.

Sec. 706. 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. 707. 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 accreditation standards.

Sec. 770A. Authorization of appropriations.

Sec. 708. Subgrants to nonprofit organizations.

Sec. 709. 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. 710. 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.

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.

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.

2.

References; Effective date

(a)

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.).

(b)

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.

I

TITLE I AMENDMENTS

101.

Definitions of institution of higher education

(a)

Degree programs

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

(1)

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

(2)

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

(2)

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

(A)

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

(B)

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

.

(b)

International medical schools

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

(1)

in the first sentence, by inserting nursing school, after graduate medical school,;

(2)

in clause (i)—

(A)

by striking or at the end of subclause (I); and

(B)

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

(II)

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

(III)

the institution—

(aa)

has a clinical training program that was approved by a State before January 1, 2008;

(bb)

certifies only unsubsidized Stafford or PLUS loans under part B of title IV to graduate and professional students attending the institution; and

(cc)

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

(3)

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

(4)

by adding at the end the following new clause:

(iii)

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

(I)

has agreements with hospitals and 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;

(II)

certifies only unsubsidized Stafford and PLUS loans under part B of title IV for students attending the institution; and

(III)

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.

.

(c)

Conforming amendment concerning 90/10 enforcement

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

(1)

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

(2)

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

(3)

by striking subparagraph (F).

(d)

Additional institutions

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

(1)

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

(2)

Additional institutions

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

(A)

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

(B)

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

; and

(2)

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

(2)

Additional institutions

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

(A)

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

(B)

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

.

102.

Additional definitions

(a)

Amendment

Section 103 (20 U.S.C. 1003) is amended—

(1)

by adding at the end the following new paragraphs:

(17)

Authorizing committees

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

(18)

Critical foreign language

Except as otherwise provided, the term critical foreign language means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 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)), except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.

(19)

Distance education

(A)

In general

Except as otherwise provided, the term distance education means education that uses 1 or more of the technologies described in subparagraph (B)—

(i)

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

(ii)

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

(B)

Inclusions

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

(i)

the Internet;

(ii)

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

(iii)

audio conferencing; or

(iv)

video 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).

(20)

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.

(21)

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.

(22)

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.

(23)

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—

(A)

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

(B)

reduces barriers in instruction and assessment, provides appropriate supports and challenges, and maintains high achievement standards for all students, including students with disabilities.

; and

(2)

by reordering paragraphs (1) through (16) and the paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

(b)

Conforming Amendments

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

(1)

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

(2)

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

(3)

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

(4)

in section 428 (20 U.S.C. 1078)—

(A)

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

(B)

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

(C)

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

(5)

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

(A)

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

(B)

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

(C)

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

(6)

in section 432 (20 U.S.C. 1082)—

(A)

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

(B)

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

(7)

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

(8)

in section 439 (20 U.S.C. 1087–2)—

(A)

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;

(B)

in subsection (r)—

(i)

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;

(ii)

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;

(iii)

in paragraph (6)(B)—

(I)

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

(II)

by striking Chairmen and ranking minority members of such Committees and inserting members of the authorizing committees;

(iv)

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

(v)

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

(C)

in subsection (s)(2)—

(i)

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

(ii)

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;

(9)

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;

(10)

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;

(11)

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;

(12)

in section 485 (20 U.S.C. 1092)—

(A)

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

(B)

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;

(13)

in section 486 (20 U.S.C. 1093)—

(A)

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

(B)

in subsection (f)(3)—

(i)

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

(ii)

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;

(14)

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

(15)

in section 498B(d) (20 U.S.C. 1099c–2(d))—

(A)

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

(B)

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.

103.

Treatment of territories and territorial student assistance

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

(1)

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

(2)

by striking (a) Waiver Authority.—; and

(3)

by striking subsection (b).

104.

National Advisory Committee on Institutional Quality and Integrity

(a)

Amendment

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

114.

National Advisory Committee on Institutional Quality and Integrity

(a)

Establishment

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

(b)

Membership

(1)

In general

The Committee shall have 18 members, of which—

(A)

6 members shall be appointed by the Secretary;

(B)

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

(C)

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.

(2)

Qualifications

Individuals shall be appointed as members of the Committee—

(A)

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

(B)

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

(C)

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

(3)

Terms of members

Except as provided in paragraph (5), the term of office of each member of the Committee shall be for 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.

(4)

Vacancy

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

(5)

Initial terms

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

(A)

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

(B)

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

(C)

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

(6)

Chairperson

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

(c)

Functions

The Committee shall—

(1)

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

(2)

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

(3)

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

(4)

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

(5)

advise the Secretary with respect to the relationship between—

(A)

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

(B)

State licensing responsibilities with respect to such institutions;

(6)

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

(7)

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

(d)

Meeting procedures

(1)

Schedule

(A)

Biannual meetings

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

(B)

Publication of Date

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

(2)

Agenda

(A)

Establishment

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

(B)

Opportunity for public comment

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

(3)

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.

(e)

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.

(f)

Report and notice

(1)

Notice

The Secretary shall annually publish in the Federal Register—

(A)

a list containing, for each member of the Committee—

(i)

the member’s name;

(ii)

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

(iii)

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

(B)

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

(2)

Report

Not later than 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)

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

(B)

a list of the date and location of each meeting during the preceding fiscal year;

(C)

a list of the members of the Committee and appropriate contact information; and

(D)

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

(g)

Termination

The Committee shall terminate on September 30, 2012.

.

(b)

Effective Date

The amendment made by subsection (a) shall be effective January 1, 2009.

105.

Drug and alcohol abuse prevention

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

(1)

in subsection (a)(2)—

(A)

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

(B)

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

(C)

by inserting after subparagraph (A) (as amended by subparagraph (A) of this paragraph) the following:

(B)

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

(i)

occur on the institution’s property or as part of any of the institution’s activities; and

(ii)

are reported to the institution;

(C)

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

;

(2)

in subsection (e)(5), by striking 1999 and inserting 2009; and

(3)

by striking subsection (f).

106.

Prior rights and obligations

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

(1)

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

(2)

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

107.

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:

(d)

Promotion of the Department of Education Federal student financial aid website

The Secretary—

(1)

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

(2)

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.

(e)

Promotion of availability of information concerning student financial aid programs of other departments and agencies

(1)

Availability of information

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.

(2)

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.

(3)

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—

(A)

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

(B)

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

.

108.

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:

132.

State commitment to affordable college education

(a)

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—

(1)

equal to or greater than the average amount provided by such State to such institutions of higher education during the 5 most recent preceding academic years for which satisfactory data are available; or

(2)

equal to or greater than the amount provided by such State to such institutions of higher education during the preceding academic year.

(b)

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 decline in the financial resources of a State or State educational agency, as appropriate.

(c)

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.

(d)

Research into cost containment methods

The Secretary is authorized—

(1)

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;

(2)

to disseminate—

(A)

the information obtained by such research to such institutions and systems; and

(B)

other information concerning research that has identified successful methods of cost containment;

(3)

to publicly recognize institutions of higher education that are doing an effective job at cost containment; and

(4)

to work together with such institutions and systems to implement these methods.

.

109.

Transparency in college tuition for consumers

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 132 (as added by section 108 of this Act) the following new section:

133.

Transparency in college tuition for consumers

(a)

Net price

In this section, the term net price means the average yearly tuition and fees paid by a full-time undergraduate student at an institution of higher education, after discounts and grants from the institution, the Federal Government, or a State have been applied to the full price of tuition and fees at the institution.

(b)

Higher education price index

(1)

In general

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 higher education price indices that accurately reflect the annual change in tuition and fees for undergraduate students in the categories of institutions listed in paragraph (2). Such indices shall be updated annually. Prior to the completion of the higher education price index, the Secretary is authorized to use an alternative, comparable index.

(2)

Development

The higher education price indices under paragraph (1) shall be developed for each of the following categories:

(A)

4-year public institutions of higher education.

(B)

4-year private, nonprofit institutions of higher education.

(C)

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

(D)

2-year public institutions of higher education.

(E)

2-year private, nonprofit institutions of higher education.

(F)

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

(G)

Less than 2-year public institutions of higher education.

(H)

Less than 2-year private, nonprofit institutions of higher education.

(I)

Less than 2-year private, for-profit institutions of higher education.

(J)

All types of institutions described in subparagraphs (A) through (I).

(c)

Reporting

(1)

In general

The Secretary shall make publicly available on an annual basis, in a sortable electronic format on the College Navigator website, a national list ranking institutions of higher education according to the percentage change and dollar change in such institutions’ tuition and fees over the preceding 3 years. Such list shall be capable of being sorted by State, by category as determined under paragraph (2), by percentage change, and by dollar change. The purpose of such list is to provide consumers with general information on pricing trends among institutions of higher education nationally and in each State.

(2)

Categories

The categories to be used for the list described in paragraph (1) are the categories listed in subparagraphs (A) through (I) of subsection (b)(2).

(3)

Higher education price increase watch lists

Effective July 1, 2008, the Secretary shall annually update and make publicly available on the College Navigator website, the national list developed under paragraph (1), and the list for each State, ranking each institution of higher education whose tuition and fees outpace such institution’s applicable higher education price index described in subsection (b). Such lists shall—

(A)

be known as the Higher Education Price Increase Watch Lists;

(B)

report the full price of tuition and fees at the institution and the net price;

(C)

include data cells for common expenditures for institutions to utilize;

(D)

where applicable, report the average price of room and board for students living on campus at the institution, except that such price shall not be used in determining whether an institution’s cost outpaces such institution’s applicable higher education price index; and

(E)

be compiled by the Secretary in a public document to be widely published and disseminated.

(4)

Quality efficiency task forces

(A)

Required

Each institution subject to paragraph (3) shall establish a quality-efficiency task force to review the operations of such institution.

(B)

Functions

Such task force shall analyze institutional operating costs in comparison with such costs at other institutions within the same category of institutions. Such analysis shall identify areas where, in comparison with other institutions in such class, the institution operates more expensively to produce a similar result. Any identified areas shall then be targeted for in-depth analysis for cost reduction opportunities.

(C)

Report

The results of the analysis by a quality-efficiency task force under this paragraph shall be made available to the public on the College Navigator website.

(5)

Exemptions

Notwithstanding paragraph (3), an institution shall not be placed on the higher education watch list if, for any 3-year interval for the computed price under paragraph (1)—

(A)

with respect to the category of institutions described in paragraph (2) to which the institution belongs, the computed price of the institution is in the lowest quartile of institutions within such class, as determined by the Secretary, during the last year of such 3-year interval; or

(B)

the institution has a percentage change in its full price computed under paragraph (3) that exceeds the higher education price index, or exceeds the applicable higher education price index over the same time period, but the dollar amount of the full price increase is less than $500, or the full price increase is an average of the higher education price index plus $500 per year.

(6)

State higher education appropriations chart

The Secretary shall annually report on the Department’s website, in charts for each State—

(A)

a comparison of the percentage change in State appropriations per enrolled student in a public institution of higher education in the State to the percentage change in tuition and fees for each public institution of higher education in the State for each of the previous 5 years; and

(B)

the total amount of need-based and merit-based aid provided by the State to students enrolled in an institution of higher education in the State.

(d)

Net price calculator

(1)

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 and make several model net price calculators to help students, families, and consumers determine the net price of an institution of higher education, which institutions of higher education may, at their discretion, elect to use pursuant to paragraph (3).

(2)

Categories

The model net price calculators described in paragraph (1) shall be developed for each of the categories listed in subparagraphs (A) through (I) of subsection (b)(2).

(3)

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 use a net price calculator to help students, families, and other consumers determine the net price of such institution of higher education. Such calculator may be—

(A)

based on a model calculator developed by the Department; or

(B)

developed by the institution of higher education.

(e)

Net price reporting in application information

An institution of higher education that receives Federal funds under this Act shall include, in the materials accompanying an application for admission to the institution, the most recent information regarding the net price of the institution, calculated for each quartile of students based on the income of either the students’ parents or, in the case of independent students (as such term is described in section 480), of the students, for each of the 2 academic years preceding the academic year for which the application is produced.

(f)

Enhanced College Navigator

(1)

University and college accountability network

Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall develop a model format for annually publicly displaying basic information about an institution of higher education that chooses to participate, to be posted on the College Navigator and made available to institutions of higher education, students, families, and other consumers. Such document shall be known as the University and College Accountability Network (U–CAN), and shall include, the following information about the institution of higher education for the most recent academic year for which the institution has available data, presented in a consumer-friendly manner:

(A)

A statement of the institution’s mission and specialties.

(B)

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

(C)

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.

(D)

Enrollment of full-time, part-time, and transfer students at the institution, at the undergraduate and (where applicable) graduate levels.

(E)

Percentage of male and female undergraduate students enrolled at the institution.

(F)

Percentage of enrolled undergraduate students from the State in which the institution is located, from other States, and from other countries.

(G)

Percentage of enrolled undergraduate students at the institution by race and ethnic background.

(H)

Retention rates for full-time and part-time first-time, first-year undergraduate students enrolled at the institution.

(I)

Average time to degree or certificate completion for first-time, first-year undergraduate students enrolled at the institution.

(J)

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).

(K)

Number of students who obtained a certificate or an associate's, bachelor’s, master’s, or doctoral degree at the institution.

(L)

Undergraduate major areas of study with the highest number of degrees awarded.

(M)

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.

(N)

Percentage of faculty at the institution with the highest degree in their field.

(O)

Percentage change in total price in tuition and fees and the net price for an undergraduate at the institution in each of the preceding 3 academic years.

(P)

Total average yearly cost of tuition and fees, room and board, and books and other related costs for an undergraduate student enrolled at the institution, for—

(i)

full-time undergraduate students living on campus;

(ii)

full-time undergraduate students living off campus; and

(iii)

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.

(Q)

Average yearly grant amount (including Federal, State, and institutional aid) for a student enrolled at the institution.

(R)

Average yearly amount of Federal student loans, and other loans provided through the institution, to undergraduate students enrolled at the institution.

(S)

Total yearly grant aid available to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources.

(T)

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.

(U)

Number of students receiving Federal Pell Grants at the institution.

(V)

Average net price for all undergraduate students enrolled at the institution.

(W)

Percentage of first-year undergraduate students enrolled at the institution who live on campus and off campus.

(X)

Information on the policies of the institution related to transfer of credit from other institutions.

(Y)

Information on campus safety required to be collected under section 485(f).

(Z)

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.

(AA)

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.

(2)

Consultation

The Secretary shall ensure that current and prospective college students, family members of such students, and institutions of higher education are consulted in carrying out paragraph (1).

(g)

Student Aid Recipient Survey

(1)

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—

(A)

to identify the population of students receiving Federal student aid;

(B)

to describe the income distribution and other socioeconomic characteristics of federally aided students;

(C)

to describe the combinations of aid from State, Federal, and private sources received by students from all income groups;

(D)

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;

(E)

to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; and

(F)

to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students.

(2)

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.

(3)

Dissemination

The Commissioner of Education Statistics shall disseminate the information resulting from the survey in both printed and electronic form.

(h)

Regulations

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

.

110.

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:

134.

Textbook information

(a)

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—

(1)

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

(2)

to encourage—

(A)

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;

(B)

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;

(C)

institutions of higher education to implement numerous options to address college textbook affordability;

(D)

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

(E)

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.

(b)

Definitions

In this section:

(1)

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.

(2)

College textbook

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

(3)

Course schedule

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

(4)

Custom textbook

The term custom textbook

(A)

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

(B)

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

(5)

Institution of higher education

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

(6)

Integrated textbook

The term integrated textbook means a college textbook that is 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.

(7)

Publisher

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

(8)

Substantial content

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

(9)

Supplemental material

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

(A)

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

(B)

is not bound by third-party contractual agreements to be sold in an integrated textbook.

(c)

Publisher requirements

(1)

College textbook pricing information

When a publisher provides a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education with information regarding a college textbook or supplemental material, the publisher shall include, with any such information and in writing, the following:

(A)

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

(B)

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

(C)

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

(D)

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.

(2)

Unbundling of college textbooks from supplemental materials

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

(3)

Custom textbooks

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

(d)

Provision of ISBN college textbook information in course schedules

(1)

Internet course schedules

Each institution of higher education, to the maximum extent practicable, shall—

(A)

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;

(B)

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

(C)

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.

(2)

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.

(e)

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—

(1)

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

(2)

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

(A)

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

(B)

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

(C)

the maximum student enrollment for such course or class.

(f)

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.

(g)

Effective Date

This section shall be effective on and after July 1, 2008.

.

111.

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:

135.

Database of student information prohibited

(a)

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.

(b)

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 2007.

(c)

State Databases

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

.

112.

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:

E

Lender and institution requirements relating to educational loans

151.

Definitions

In this part:

(1)

Covered institution

The term covered institution

(A)

means any educational institution that—

(i)

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

(ii)

receives any Federal funding or assistance; and

(B)

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.

(2)

Educational loan

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

(A)

any loan made, insured, or guaranteed under title IV; or

(B)

a private educational loan (as defined in paragraph (6)).

(3)

Preferred lender arrangement

The term preferred lender arrangement

(A)

means an arrangement or agreement between a lender and a covered institution—

(i)

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

(ii)

which arrangement or agreement relates to the covered institution recommending, promoting, or endorsing the educational loan product of the lender; and

(B)

does not include—

(i)

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

(ii)

arrangements or agreements with respect to loans under section 499(b).

(4)

Lender

(A)

In general

The term lender

(i)

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

(ii)

includes an agent of a lender.

(B)

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).

(5)

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.

(6)

Private educational loan

The term private educational loan means a private loan provided by a lender that—

(A)

is not made, insured, or guaranteed under title IV; and

(B)

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.

(7)

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.

152.

Requirements for lenders and institutions participating in preferred lender arrangements

(a)

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).

(b)

Use of institution name

(1)

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.

(2)

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 2007.

153.

Interest rate report for institutions and lenders participating in preferred lender arrangements

(a)

Duties of the Secretary

(1)

Report and model format

Not later than 180 days after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall—

(A)

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;

(B)

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—

(i)

will be easy for students and parents to read and understand;

(ii)

will be easily usable by lenders, institutions, guaranty agencies, and loan servicers;

(iii)

will provide students and parents with the relevant, meaningful, and standard information about the terms and conditions for both Federal and private educational loans;

(iv)

is based on the report’s findings and developed in consultation with—

(I)

students;

(II)

representatives of covered institutions, including financial aid administrators, registrars, business officers, and student affairs officials;

(III)

lenders;

(IV)

loan servicers;

(V)

guaranty agencies; and

(VI)

with respect to the requirements of clause (vi) concerning private educational loans, the Board of Governors of the Federal Reserve System;

(v)

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—

(I)

the rate of interest, or the potential range of rates of interest, applicable to the loan, and whether such rates are fixed or variable;

(II)

limitations, if any, on interest rate adjustments, both in terms of frequency and amount, or lack thereof;

(III)

co-borrower requirements, including changes in interest rates;

(IV)

any fees associated with the loan;

(V)

the repayment terms available on the loan;

(VI)

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;

(VII)

any additional terms and conditions applied to the loan, including any benefits that are contingent on the repayment behavior of the borrower;

(VIII)

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);

(IX)

an example of the total cost of the educational loan over the life of the loan which shall be calculated—

(aa)

using a principal amount and the maximum rate of interest actually offered by the lender; and

(bb)

both with and without capitalization of interest, if that is an option for postponing interest payments;

(X)

the consequences for the borrower of defaulting on a loan, including any limitations on the discharge of an educational loan in bankruptcy;

(XI)

contact information for the lender; and

(XII)

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

(vi)

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:

(I)

the method of determining the interest rate of the loan;

(II)

potential finance charges, late fees, penalties, and adjustments to principal, based on defaults or late payments of the borrower; and

(III)

such other information as the Secretary may require; and

(C)
(i)

submit the report and model disclosure form to the authorizing committees; and

(ii)

make the report and model disclosure form available to covered institutions, lenders, and the public.

(2)

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—

(A)

assess the adequacy of the model disclosure form;

(B)

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—

(i)

prepare a list of any improvements to the model disclosure form that have been identified as beneficial to borrowers; and

(ii)

update the model disclosure form after taking such improvements into consideration; and

(C)
(i)

submit the list of improvements and updated model disclosure form to the authorizing committees; and

(ii)

make the updated model disclosure form available to covered institutions, lenders, and the public.

(3)

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—

(A)

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

(B)

covered institutions to use such format in preparing the information reported under subsection (c).

(4)

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).

(b)

Lender duties

Each lender that has a preferred lender arrangement with a covered institution shall, by August 1 of each year, 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.

(c)

Covered institution reports

Each covered institution shall—

(1)

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)

(A)

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

(B)

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

(2)

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.

(d)

Disclosures by Covered Institutions

A covered institution shall disclose, on its website and in the informational materials described in subsection (e)

(1)

a statement that—

(A)

indicates that students are not limited to or required to use the lenders the institution recommends; and

(B)

the institution is required to process the documents required to obtain a Federal educational loan from any eligible lender the student selects;

(2)

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));

(3)

the maximum amount of Federal grant and loan aid available to students in an easy-to-understand format; and

(4)

the institution’s cost of attendance (as determined under section 472).

(e)

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.

154.

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—

(1)

inform the student or parent of—

(A)

the student or parent’s eligibility for assistance and loans under title IV; and

(B)

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

(2)

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.

155.

Integrity provisions

(a)

Institution Code of Conduct Required

(1)

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—

(A)

develop a code of conduct in accordance with paragraph (2) with which its officers, employees, and agents shall comply with respect to educational loans;

(B)

publish the code of conduct prominently on its website; and

(C)

administer and enforce such code in accordance with the requirements of this subsection.

(2)

Contents of code

The code required by this section shall—

(A)

prohibit a conflict of interest with the responsibilities of such officer, employee, or agent with respect to educational loans; and

(B)

at a minimum, include provisions in compliance with the provisions of the following subsections of this section.

(3)

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.

(b)

Gift ban

(1)

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.

(2)

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.

(3)

Definition of gift

(A)

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.

(B)

Exceptions

The term gift shall not include any of the following:

(i)

Standard informational material related to a loan or financial literacy, such as a brochure.

(ii)

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.

(iii)

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.

(iv)

Exit counseling services provided to borrowers to meet a covered institution’s responsibilities for exit counseling as required by section 485(b) provided that—

(I)

a covered institution’s staff are in control of the counseling (whether in person or via electronic capabilities); and

(II)

such counseling does not promote the products or services of any lender.

(v)

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).

(C)

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—

(i)

the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and

(ii)

the officer, employee, or agent has reason to believe the gift was given because of the official position of the officer, employee, or agent.

(c)

Contracting arrangements prohibited

(1)

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.

(2)

Exceptions

Nothing in this subsection shall be construed as prohibiting—

(A)

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;

(B)

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

(C)

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.

(d)

Ban on revenue sharing arrangements

(1)

Prohibition

A covered institution shall not enter into any revenue sharing arrangement with any lender.

(2)

Definition

For purposes of this subsection, a revenue sharing arrangement is an arrangement between a covered institution and a lender under which—

(A)

a lender provides or issues educational loans to students attending the institution or to parents of such students; and

(B)
(i)

the institution recommends the lender or the loan products of the lender; and

(ii)

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.

(e)

Ban on staffing assistance

(1)

Prohibition

A covered institution shall not request or accept from any lender any assistance with call center staffing or financial aid office staffing.

(2)

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—

(A)

professional development training for financial aid administrators;

(B)

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

(C)

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.

(f)

Prohibition on offers of funds for private loans

(1)

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.

(2)

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.

(g)

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.

156.

Compliance and enforcement

(a)

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 2007.

(b)

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)

(1)

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 $25,000; and

(2)

in the case of a lender that does participate in a program under title IV, the Secretary may limit, terminate, or suspend the lender’s participation in such program.

(c)

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).

157.

Student loan counseling

(a)

Borrower contact

(1)

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.

(2)

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.

(b)

Required disclosure before disbursement

(1)

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.

(2)

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.

(c)

Institutional counseling

(1)

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—

(A)

average indebtedness of borrowers at that school, to be supplied by the Secretary;

(B)

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;

(C)

data to be supplied by the Secretary on starting salaries for graduates of institutions by type and control of institution, and field of study;

(D)

repayment options available to the borrower when entering repayment, including income contingent repayment and income-based repayment;

(E)

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

(F)

the likely consequences of default, including adverse credit reports, Federal offset, and litigation.

(2)

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.

(d)

Department of education information disclosure and technical assistance

(1)

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:

(A)

Regional data on starting salaries in all major fields.

(B)

The increase in debt that results from forbearance on all loans and from capitalization of interest on unsubsidized loans.

(C)

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).

(D)

The Federal Government's powers to collect student loans, even when student borrowers are in bankruptcy.

(2)

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.

.

113.

Feasibility study for national electronic student loan marketplace

(a)

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:

(1)

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.

(2)

Means by which lenders that participate in such marketplace would be bound to honor advertised rates or benefits.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(b)

Consultation

In conducting the study required by this section, the Secretary of Education shall consult with—

(1)

the Federal Trade Commission;

(2)

representatives of student loan borrowers;

(3)

representatives from institutions of higher education, including financial aid administrators, registrars, business officers, and student affairs officials;

(4)

Federal and private education loan lenders, loan servicers, and guaranty agencies; and

(5)

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.).

(c)

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.

II

TITLE II REVISION

201.

Revision of title II

Title II (20 U.S.C. 1021 et seq.) is amended to read as follows:

II

Teacher Quality Enhancement

200.

Definitions

For purposes of this title:

(1)

Arts and sciences

The term arts and sciences means—

(A)

when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and

(B)

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

(2)

Children from low-income families

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

(3)

Core academic subjects

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

(4)

Early childhood education program

The term early childhood education program means—

(A)

a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);

(B)

a State licensed or regulated child care program or school; or

(C)

a State prekindergarten program 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.

(5)

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.

(6)

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.

(7)

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.

(8)

Exemplary teacher

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

(9)

High-need early childhood education program

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

(10)

High-need local educational agency

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

(A)
(i)

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

(ii)

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

(iii)

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

(B)
(i)

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

(ii)

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

(11)

High-need school

Notwithstanding section 103, the term high-need school means a public elementary school or public secondary school that—

(A)

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

(B)

is designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary.

(12)

Highly competent

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

(A)

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

(B)

with—

(i)

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

(ii)

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

(C)

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

(13)

Highly qualified

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

(14)

Literacy coach

The term literacy coach means an individual—

(A)

who—

(i)

has teaching experience and a master’s degree with a concentration in reading and writing education; and

(ii)

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;

(B)

whose primary role with teachers and school personnel is—

(i)

to provide high-quality professional development opportunities for teachers and school personnel related to literacy;

(ii)

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

(iii)

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

(C)

who may provide students with—

(i)

reading or writing diagnosis and instruction; and

(ii)

reading and writing assessment, including assessment in cooperation with other professionals (such as special education teachers, speech and language teachers, and school psychologists).

(15)

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.

(16)

Professional development

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

(17)

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.

(18)

Teaching skills

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

(A)

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

(B)

effectively convey and explain academic subject matter;

(C)

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

(i)

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

(ii)

are specific to academic subject matter; and

(iii)

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

(D)

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;

(E)

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

(F)

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

(G)

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

200A.

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.

A

Teacher quality partnership grants

201.

Purposes; Definitions

(a)

Purposes

The purposes of this part are to—

(1)

improve student achievement;

(2)

improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities;

(3)

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

(4)

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

(b)

Definitions

In this part:

(1)

Eligible partnership

The term eligible partnership means an entity that—

(A)

shall include—

(i)

a high-need local educational agency;

(ii)

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;

(iii)

a partner institution;

(iv)

a school, department, or program of education within such partner institution or a teacher professional development program within such partner institution; and

(v)

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

(B)

may include any of the following:

(i)

The Governor of the State.

(ii)

The State educational agency.

(iii)

The State board of education.

(iv)

The State agency for higher education.

(v)

A business.

(vi)

A public or private nonprofit educational organization.

(vii)

An educational service agency.

(viii)

A teacher organization.

(ix)

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

(x)

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

(xi)

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

(xii)

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

(xiii)

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

(2)

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:

(A)

High-quality teacher mentoring.

(B)

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.

(C)

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

(D)

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.

(E)

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

(F)

Faculty who—

(i)

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

(ii)

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

(G)

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

(H)

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

(I)

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.

(3)

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—

(A)

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

(i)

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

(ii)

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

(I)

using criteria consistent with the requirements for the State report card under section 205(b); and

(II)

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

(B)

that requires—

(i)

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;

(ii)

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

(iii)

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

(4)

Teacher mentoring

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

(A)

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

(B)

provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management;

(C)

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

(D)

provides paid release time for mentors;

(E)

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

(F)

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

(i)

teaching and learning;

(ii)

assessment of student learning;

(iii)

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

(iv)

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

(G)

includes—

(i)

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

(ii)

joint professional development opportunities.

(5)

Teaching residency program

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

(A)

for 1 academic year, teaches alongside a mentor teacher, who is the teacher of record;

(B)

receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which 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;

(C)

acquires effective teaching skills; and

(D)

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

202.

Partnership grants

(a)

Program authorized

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

(b)

Application

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

(1)

a needs assessment of 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;

(2)

a description of the extent to which the program prepares prospective and new teachers with strong teaching skills;

(3)

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;

(4)

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;

(5)

a resource assessment that describes the resources available to the partnership, including—

(A)

the integration of funds from other sources;

(B)

the intended use of the grant funds;

(C)

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;

(6)

a description of—

(A)

how the partnership will meet the purposes of this part;

(B)

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

(C)

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

(D)

how the partnership will align the teacher preparation program with the—

(i)

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

(ii)

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

(E)

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;

(F)

how the partnership will prepare general education and special education teachers to teach students with limited English proficiency;

(G)

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;

(H)

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

(I)

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

(J)

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

(7)

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

(A)

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;

(B)

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;

(C)

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;

(D)

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

(c)

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.

(d)

Partnership grants for pre-baccalaureate preparation of teachers

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

(1)

Reforms

(A)

In general

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

(i)

preparing—

(I)

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);

(II)

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 positive behavioral support strategies to improve student achievement; and

(III)

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

(ii)

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

(B)

Required reforms

The reforms described in subparagraph (A) shall include—

(i)

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

(ii)

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

(I)

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

(II)

have knowledge of student learning methods;

(III)

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

(IV)

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—

(aa)

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

(bb)

differentiate instruction for such students;

(V)

can effectively participate in the individualized education program process, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and

(VI)

can successfully employ effective strategies for reading instruction using the essential components of reading instruction;

(iii)

ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that 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;

(iv)

developing and implementing an induction program;

(v)

developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and

(vi)

implementing program curriculum changes to prepare teachers to teach Advanced Placement or International Baccalaureate courses.

(2)

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:

(A)

Incorporate year-long opportunities for enrichment activity or a combination of activities, including—

(i)

clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership and identified by the eligible partnership; and

(ii)

closely supervised interaction between 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.

(B)

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.

(C)

Provide high-quality teacher mentoring.

(D)
(i)

Be offered over the course of a program of teacher preparation;

(ii)

be tightly aligned with course work (and may be developed as a 5th year of a teacher preparation program); and

(iii)

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.

(E)

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—

(i)

with respect to a prospective teacher or a mentor, release time for such individual’s participation;

(ii)

with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and

(iii)

with respect to a mentor, a stipend, which may include bonus, differential, incentive, or merit or performance-based pay.

(3)

Induction programs for new teachers

Creating an induction program for new teachers, or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators.

(4)

Support and training for participants in early childhood education programs

In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education.

(5)

Teacher recruitment

Developing and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become highly qualified teachers through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession—

(A)

underrepresented populations;

(B)

individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, and instruction of limited English proficient students; and

(C)

mid-career professionals from other occupations, former military personnel, and recent college graduates with proven records of academic distinction.

(6)

Literacy training

Developing and implementing a program to strengthen content knowledge and teaching skills of elementary and secondary school literacy coaches that—

(A)

provides teacher training in reading instruction for literacy coaches who—

(i)

train classroom teachers to implement literacy programs; or

(ii)

tutor students with intense individualized reading, writing, and subject matter instruction during or beyond the school day;

(B)

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;

(C)

provides opportunities for teachers to plan and assess instruction with other teachers, school leaders, and faculty at institutions of higher education;

(D)

provides training and professional development for principals to prepare them to understand the teaching of reading, guide instruction, and foster school improvement; and

(E)

establishes an evaluation and accountability plan for activities conducted under this paragraph to measure the impact of such activities.

(e)

Partnership grants for the establishment of teaching residency programs

(1)

In general

An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:

(A)

Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.

(B)

Modifying staffing procedures to provide greater flexibility for local educational agency and school leaders to establish effective school-level staffing in order to facilitate placement of graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school.

(C)

Ensuring that teaching residents that participated in the teaching residency program receive—

(i)

effective pre-service preparation as described in paragraph (2);

(ii)

teacher mentoring;

(iii)

induction through the induction program as the teaching residents enter the classroom as new teachers; and

(iv)

the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2).

(2)

Teaching residency programs

(A)

Establishment and design

A teaching residency program under this 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:

(i)

The integration of pedagogy, classroom practice, and teacher mentoring.

(ii)

Engagement of teaching residents in rigorous graduate-level course work to earn a master’s degree while undertaking a guided teaching apprenticeship.

(iii)

Experience and learning opportunities alongside a trained and experienced mentor teacher—

(I)

whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with course work;

(II)

who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for 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

(III)

who may have full relief from teaching duties as a result of such additional responsibilities.

(iv)

The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on observations of such domains of teaching as the following:

(I)

Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative assessments to improve student learning.

(II)

Appropriate instruction that engages students with different learning styles, including students with disabilities.

(III)

Collaboration with colleagues to improve instruction.

(IV)

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.

(V)

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.

(v)

Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.

(vi)

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.

(vii)

Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first 2 years of teaching.

(viii)

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.

(B)

Selection of individuals as teacher residents

(i)

Eligible individual

In order to be eligible to be a teacher resident in a teaching residency program under this subsection, an individual shall—

(I)

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

(II)

submit an application to the teaching residency program.

(ii)

Selection criteria

An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:

(I)

Strong content knowledge or record of accomplishment in the field or subject area to be taught.

(II)

Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.

(III)

Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.

(C)

Stipend and service requirement

(i)

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.

(ii)

Service requirement

As a condition of receiving a stipend under this subparagraph, a teaching resident shall agree to teach in a high-need school served by the high-need local educational agency in the eligible partnership for a period of 3 or more years after completing the 1-year teaching residency program.

(iii)

Repayment

If a teaching resident who received a stipend under this subparagraph does not complete the service requirement described in clause (ii), such individual shall repay to the high-need local educational agency a pro rata portion of the stipend amount for the amount of teaching time that the individual did not complete.

(f)

Partnership grants for the development of leadership programs

(1)

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:

(A)

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 school districts who may perform multiple duties in addition to the role of administrator).

(B)

Promoting strong administrative skills and, as applicable, techniques for education administrators to improve the school environment and effectively manage schools.

(C)

Ensuring that students who participate in the leadership program receive—

(i)

effective pre-service preparation as described in subparagraph (D); and

(ii)

mentoring by educational administrators.

(D)

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:

(i)

Incorporate year-long opportunities for enrichment activity or a combination of activities, including—

(I)

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

(II)

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.

(ii)

Integrate pedagogy and practice and promote effective administrative skills for meeting the unique needs of rural and geographically isolated communities.

(iii)

Educational administrator mentoring.

(E)

Creating an induction program for new administrators.

(F)

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—

(i)

underrepresented populations;

(ii)

individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and shortage areas designated by the Secretary; or

(iii)

mid-career professionals from other occupations, former military personnel, and recent college graduates with proven records of academic distinction.

(2)

Selection of individuals for the leadership program

In order to be eligible for the leadership program under this subsection, an individual shall—

(A)

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;

(B)

be current teachers who would like to become principals or principals who would like to be superintendents; and

(C)

submit an application to the leadership program.

(g)

Consultation

(1)

In general

Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities under this section.

(2)

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.

(3)

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.

(h)

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.

(i)

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.

203.

Administrative provisions

(a)

Duration; Number of Awards; Payments

(1)

Duration

A grant awarded under this part shall be awarded for a period of 5 years.

(2)

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.

(3)

Payments

The Secretary shall make annual payments of grant funds awarded under this part.

(b)

Peer Review

(1)

Panel

The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.

(2)

Priority

In recommending applications to the Secretary for funding under this part, the panel shall give priority—

(A)

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

(B)
(i)

to applications from broad-based eligible partnerships that involve businesses and community organizations; or

(ii)

to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.

(3)

Secretarial selection

The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining 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.

(c)

Matching requirements

(1)

In general

Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.

(2)

Waiver

The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership, if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.

(d)

Limitation on Administrative Expenses

An eligible partnership that receives a grant under this part may use not more than 2 percent of the grant funds for purposes of administering the grant.

204.

Accountability and evaluation

(a)

Eligible Partnership Evaluation

Each eligible partnership submitting an application for a grant under this part shall establish and include in such application an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for increasing—

(1)

student achievement for all students as measured by the eligible partnership;

(2)

teacher retention in the first 3 years of a teacher’s career;

(3)

improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and

(4)
(A)

the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;

(B)

the percentage of such teachers who are members of underrepresented groups;

(C)

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);

(D)

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);

(E)

the percentage of such teachers in high-need schools, disaggregated by the elementary, middle, and high school levels;

(F)

as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and

(G)

as applicable, the number of teachers trained effectively to integrate technology into curricula and instruction 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.

(b)

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.

(c)

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.

(d)

Evaluation and Dissemination

The Secretary shall evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate—

(1)

successful practices developed by eligible partnerships under this part; and

(2)

information regarding such practices that were found to be ineffective.

205.

Accountability for programs that prepare teachers

(a)

Institutional and Program Report Cards on the Quality of Teacher Preparation

(1)

Report card

Each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional teacher preparation programs and alternative routes to State certification or licensure programs, the following information:

(A)

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—

(i)

the percentage of students who have completed 100 percent of the nonclinical course work and taken the assessment who pass such assessment;

(ii)

the percentage of all such students who passed each such assessment;

(iii)

the percentage of students taking an assessment who enrolled in and completed the teacher preparation program;

(iv)

the average scaled score for all students who took each such assessment;

(v)

a comparison of the program’s pass rates with the average pass rates for programs in the State; and

(vi)

a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.

(B)

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.

(C)

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.

(D)

Designation as low-performing

Whether the program has been designated as low-performing by the State under section 208(a).

(E)

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.

(F)

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.

(2)

Report

Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a).

(3)

Fines

The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.

(4)

Special rule

In the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(A), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.

(b)

State Report Card on the Quality of Teacher Preparation

(1)

In general

Each State that receives funds under this Act shall provide to the Secretary, 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)

A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.

(B)

The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subject areas or in particular grades within the State.

(C)

A description of how the assessments and requirements described in subparagraph (A) are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and State early learning standards for early childhood education programs.

(D)

For each of the assessments used by the State for teacher certification or licensure—

(i)

for each institution of higher education located in the State and each entity located in the State 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;

(ii)

the percentage of all such students at all such institutions taking the assessment who pass such assessment; and

(iii)

the percentage of students taking an assessment who enrolled in and completed the teacher preparation program.

(E)

A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure—

(i)

the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date of the determination, who passed each such assessment; and

(ii)

the average scaled score of individuals participating in such routes, or who have completed such routes during the period preceding the date of the determination, who took each such assessment.

(F)

A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.

(G)

For each teacher preparation program in the State, 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.

(H)

For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—

(i)

area of certification or licensure;

(ii)

academic major; and

(iii)

subject area for which the teacher has been prepared to teach.

(I)

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.

(J)

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.

(K)

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.

(L)

A description of the activities that prepare general education and special education teachers to effectively teach students with limited English proficiency.

(2)

Prohibition against creating a national list

The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection.

(c)

Data quality

The Secretary shall prescribe regulations requiring practices and procedures to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.

(d)

Report of the Secretary on the Quality of Teacher Preparation

(1)

Report card

The Secretary shall 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.

(2)

Report to congress

The Secretary shall prepare and submit a report to Congress that contains the following:

(A)

A comparison of States’ efforts to improve the quality of the current and future teaching force.

(B)

A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.

(C)

The national mean and median scaled scores and pass rate on any standardized test that is used in more than 1 State for teacher certification or licensure.

(3)

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.

(e)

Coordination

The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.

206.

Teacher development

(a)

Annual goals

As a condition of receiving assistance under title IV, 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—

(1)

increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary, including mathematics, science, special education, and instruction of limited English proficient students; and

(2)

more closely linking the training provided by the institution with the needs of schools and the instructional decisions new teachers face in the classroom.

(b)

Assurance

As a condition of receiving assistance under title IV, each institution described in subsection (a) shall provide an assurance to the Secretary that—

(1)

training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;

(2)

prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;

(3)

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

(4)

prospective teachers receive training on how to effectively teach in urban and rural schools.

(c)

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.

207.

State functions

(a)

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—

(1)

increasing the percentage of highly qualified teachers in the State, including increasing professional development opportunities;

(2)

improving student achievement for all students; and

(3)

raising the standards for entry into the teaching profession.

(b)

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)—

(1)

shall be ineligible for any funding for professional development activities awarded by the Department;

(2)

shall not be permitted to accept or enroll any student that receives aid under title IV in the institution’s teacher preparation program; and

(3)

shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval.

(c)

Negotiated Rulemaking

If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.

(d)

Application of the Requirements

The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.

208.

General provisions

(a)

Methods

In complying with sections 205 and 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.

(b)

Special Rule

For each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965 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,—

(1)

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

(2)

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.

(c)

Release of Information to Teacher Preparation Programs

(1)

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—

(A)

may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and

(B)

is possessed, controlled, or accessible by the State educational agency.

(2)

Content of information

The information described in paragraph (1)—

(A)

shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State educational agency with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and

(B)

may include—

(i)

kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and

(ii)

teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.

(d)

Limitations

(1)

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.

(2)

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).

(3)

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.

209.

Authorization of appropriations

There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 2 succeeding fiscal years.

B

Preparing Teachers for Digital Age Learners

221.

Program authorized

(a)

Program authority

The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to—

(1)

graduate teacher candidates who are prepared to use modern information, communication, and learning tools to—

(A)

improve student learning, assessment, and learning management; and

(B)

help students develop skills to enter the workforce;

(2)

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

(3)

assess the effectiveness of departments, schools, and colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching-learning environments that enable kindergarten through grade 12 students to develop skills to enter the workforce.

(b)

Amount and duration

A grant, contract, or cooperative agreement under this part—

(1)

shall be for not more than $2,000,000;

(2)

shall be for a 3-year period; and

(3)

may be renewed for one additional year.

(c)

Non-Federal share requirement

The Federal share of the cost of any project funded under this 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.

(d)

Definition of eligible consortium

In this part, the term eligible consortium means a consortium of members that includes the following:

(1)

At least one institution of higher education that awards baccalaureate degrees and prepares teachers for initial entry into teaching.

(2)

At least one State educational agency or local educational agency.

(3)

A department, school, or college of education at an institution of higher education.

(4)

A department, school, or college of arts and sciences at an institution of higher education.

(5)

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.

222.

Uses of Funds

(a)

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—

(1)

develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect pre-service preparation of teacher candidates with high-needs schools; or

(2)

transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.

(b)

Uses of funds for partnership grants

In carrying out a project under subsection (a)(1), an eligible consortium shall—

(1)

provide teacher candidates, early in their preparation, with field experiences in educational settings with technology;

(2)

build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for entering the workforce;

(3)

provide professional technology development for teachers, administrators, and content specialists who participate in field placement;

(4)

provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences;

(5)

implement strategies for the mentoring of teacher candidates with respect to technology implementation by members of the consortium;

(6)

evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project;

(7)

build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and

(8)

evaluate the effectiveness of the project.

(c)

Uses of funds for transformation grants

In carrying out a project under subsection (a)(2), an eligible consortium shall—

(1)

redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates;

(2)

collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate pre-service teachers who can integrate technology and pedagogical skills in content areas;

(3)

collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to pre-service teachers to—

(A)

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

(B)

better reach underrepresented pre-service teacher populations with programs that connect such pre-service teacher populations with applications of technology;

(4)

collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student achievement in high-need schools;

(5)

provide additional technology resources for pre-service teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and

(6)

bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice.

223.

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:

(1)

A description of the project to be carried out with the grant, including how the project will—

(A)

develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects pre-service preparation of teacher candidates with high-need schools; or

(B)

transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.

(2)

A demonstration of—

(A)

the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and

(B)

the support of the leadership of each organization that is a member of the consortium for the proposed project.

(3)

A description of how each member of the consortium will participate in the project.

(4)

A description of how the State or local educational agency will incorporate the project into the agency’s technology plan, if such a plan already exists.

(5)

A description of how the project will be continued after Federal funds are no longer available under this part for the project.

(6)

A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives.

224.

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.

225.

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.

C

Enhancing Teacher Education

240.

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.

1

Recruiting teachers with math, science, or language majors

241.

Program authorized

(a)

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—

(1)

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

(2)

include plans to seek matching funds from other governmental and non-governmental sources.

(b)

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—

(1)

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

(2)

a goal and timeline for increasing the number of such teachers who graduate from the institution.

(c)

Use of funds

Grant funds made available under this subpart—

(1)

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;

(2)

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;

(3)

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—

(A)

dual appointments for faculty between departments, schools, or colleges of education and departments, schools, or colleges of arts and science; and

(B)

integrating course work with clinical experience;

(4)

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; and

(5)

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.

2

Community colleges as partners in teacher education grants

251.

Grants to community colleges

(a)

Program authorized

The Secretary is authorized to award grants, on a competitive basis, to eligible entities to assist such entities with—

(1)

establishing or enhancing teacher education programs at community colleges that—

(A)

include content and pedagogical training; and

(B)

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;

(2)

establishing or enhancing post baccalaureate certification programs offered at community colleges;

(3)

developing and delivering a rigorous program of study for students interested in a career in teaching; and

(4)

developing and delivering professional development for teachers to ensure their continued education and professional growth.

(b)

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—

(1)

develop curriculum for teacher education programs and post baccalaureate certification programs at community colleges;

(2)

establish or enhance clinical experiences for students in such teacher education programs and post baccalaureate certification programs;

(3)

establish or enhance professional development programs at community colleges that are available for teachers;

(4)

develop new associate degree programs focused on teacher preparation;

(5)

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;

(6)

recruit teacher candidates with the goal of diversifying the teacher workforce;

(7)

prepare teachers for high-demand subject areas including science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient individuals;

(8)

prepare teachers to teach in high-need schools;

(9)

increase coordination between teacher education programs and departments, schools, or colleges of arts and sciences;

(10)

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; and

(11)

carry out other activities that aim to ensure that well-qualified individuals enter into the teaching profession.

(c)

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—

(1)

a four-year institution of higher education with a teacher education program, or a consortia of such institutions; and

(2)

at least one of the following:

(A)

The State agency that oversees teacher preparation or higher education in the State.

(B)

One or more local educational agencies.

(C)

The State educational agency.

(D)

A professional organization representing teachers.

(d)

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—

(1)

an overview of the goals the eligible entity and its partners plan to pursue upon receipt of a grant under this subpart;

(2)

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);

(3)

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;

(4)

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

(5)

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.

(e)

Priority

In awarding grants under this subpart, the Secretary shall give priority to applications the goals of which are to—

(1)

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;

(2)

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

(3)

prepare teachers to enter into high-need schools.

252.

Definitions

In this subpart:

(1)

Community college

The term community college has the same meaning given the term junior or community college in section 313.

(2)

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.

(3)

Qualified teacher preparation program

The term qualified teacher preparation program means an undergraduate program for students at an institution of higher education that—

(A)

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;

(B)

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

(C)

focuses on increasing the number of teachers for high-demand subject areas.

3

Honorable Augustus F. Hawkins Centers of Excellence

261.

Definitions

In this subpart:

(1)

Eligible institution

The term eligible institution means—

(A)

an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program under section 252, and that is—

(i)

a part B institution (as defined in section 322);

(ii)

a Hispanic-serving institution (as defined in section 502);

(iii)

a Tribal College or University (as defined in section 316);

(iv)

an Alaska Native-serving institution (as defined in section 317(b));

(v)

a Native Hawaiian-serving institution (as defined in section 317(b));

(vi)

a Predominantly Black Institution (as defined in section 318(b));

(vii)

an Asian American and Pacific Islander-serving institution (as defined in section 319(b)); or

(viii)

a Native American-serving non-tribal institution (as defined in section 320(b));

(B)

a consortium of institutions described in subparagraph (A); or

(C)

an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 262 is located at an institution described in subparagraph (A).

(2)

Scientifically based reading research

The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368).

262.

Augustus F. Hawkins Centers of excellence

(a)

Program authorized

From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence.

(b)

Use of funds

Grants provided by the Secretary under this subpart shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities:

(1)

Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically valid research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by—

(A)

retraining or recruiting faculty; and

(B)

designing (or redesigning) teacher preparation programs that—

(i)

prepare teachers to 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

(ii)

promote strong teaching skills, as defined in section 200(b).

(2)

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.

(3)

Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide—

(A)

teacher or principal mentoring from exemplary teachers or principals; or

(B)

induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively.

(4)

Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program.

(5)

Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies.

(6)

Activities authorized under section 202.

(c)

Application

Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require.

(d)

Minimum grant amount

The minimum amount of each grant under this subpart shall be $500,000.

(e)

Limitation on administrative expenses

An eligible institution that receives a grant under this subpart may not use more than 2 percent of the grant funds for purposes of administering the grant.

(f)

Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out this subpart.

4

Teach for America

271.

Teach for America

(a)

Definitions

(1)

Grantee

The term grantee means Teach For America, Inc.

(2)

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.

(b)

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.

(c)

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—

(1)

provide highly qualified teachers to high need local educational agencies in urban and rural communities;

(2)

pay the costs of recruiting, selecting, training, and supporting new teachers; and

(3)

serve a substantial number and percentage of underserved students.

(d)

Authorized Activities

(1)

In general

Grant funds provided under this subpart shall be used by the grantee to carry out each of the following activities:

(A)

Recruiting and selecting teachers through a highly selective national process.

(B)

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.

(C)

Placing such teachers in schools and positions designated by high need local educational agencies as high need placements serving underserved students.

(D)

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.

(2)

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).

(e)

Reports and Evaluations

(1)

Annual report

The grantee shall provide to the Secretary an annual report that includes—

(A)

data on the number and quality of the teachers provided to local educational agencies through a grant under this subpart;

(B)

an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and

(C)

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.

(2)

Study

(A)

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.

(B)

Achievement gains compared

The study shall compare, within the same schools, the achievement gains made by students taught by teachers who are assisted under this subpart with the achievement gains made by students taught by teachers who are not assisted under this subpart.

(3)

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.

(4)

Peer review standards

Each such study shall meet the peer review standards of the education research community.

5

Early childhood education professional development and career task force

281.

Purpose

It is the purpose of this subpart—

(1)

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

(2)

to create—

(A)

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;

(B)

articulation agreements that enable early childhood education professionals to transition easily among degrees; and

(C)

compensation initiatives for individuals working in an early childhood education program that reflect the individuals’ credentials, degrees, and experience.

282.

Definition of early childhood education program

In this subpart, the term early childhood education program means—

(1)

a family child care program, center-based child care program, State prekindergarten program, or school-based program, that—

(A)

provides early childhood education;

(B)

uses developmentally appropriate practices;

(C)

is licensed or regulated by the State; and

(D)

serves children from birth through age 5;

(2)

a Head Start Program carried out under the Head Start Act;

(3)

an Early Head Start Program carried out under section 645A of the Head Start Act; or

(4)

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

283.

Grants authorized

(a)

In general

The Secretary is authorized to award grants to States in accordance with the provisions of this subpart to enable such States—

(1)

to establish a State Task Force described in section 284; and

(2)

to support activities of the State Task Force described in section 285.

(b)

Competitive basis

Grants under this subpart shall be awarded on a competitive basis.

(c)

Equitable geographic distribution

In awarding grants under this subpart, the Secretary shall take into consideration providing an equitable geographic distribution of such grants.

(d)

Duration

Grants under this subpart shall be awarded for a period of 3 years.

284.

State task force establishment

(a)

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).

(b)

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, and any other entity or individual the Governor determines appropriate.

285.

State task force activities

(a)

Activities

The State Task Force shall—

(1)

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—

(A)

integrating recommendations for early childhood professional development and career activities into the plans of the State Advisory Council; and

(B)

assisting in the implementation of professional development and career activities that are consistent with the plans described in subparagraph (A);

(2)

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—

(A)

race, gender, and ethnicity;

(B)

compensation levels;

(C)

type of early childhood education program setting;

(D)

specialized knowledge of child development;

(E)

years of experience in an early childhood education program;

(F)

attainment of—

(i)

academic credit for course work;

(ii)

an academic degree;

(iii)

a credential;

(iv)

licensure; or

(v)

certification in early childhood education; and

(G)

specialized knowledge in the education of children with limited English proficiency; and

(3)

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—

(A)

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;

(B)

developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs;

(C)

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;

(D)

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—

(i)

shall only be provided to an individual who—

(I)

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

(II)

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

(ii)

shall be provided in an amount that does not exceed $17,500;

(E)

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;

(F)

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;

(G)

developing mentoring and coaching programs to support new educators in and directors of early childhood education programs;

(H)

providing career development advising with respect to the field of early childhood education, including informing an individual regarding—

(i)

entry into and continuing education requirements for professional roles in the field;

(ii)

available financial assistance; and

(iii)

professional development and career advancement in the field;

(I)

enhancing the quality of faculty and course work in postsecondary programs that lead to an associate, baccalaureate, or graduate degree in early childhood education;

(J)

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

(K)

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.

(b)

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).

(c)

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.

286.

State application and report

(a)

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—

(1)

the membership of the State Task Force;

(2)

the activities for which the grant assistance will be used;

(3)

other Federal, State, local, and private resources that will be available to support the activities of the State Task Force described in section 285;

(4)

the availability within the State of training, educator preparation, professional development, compensation initiatives, and career systems, related to early childhood education; and

(5)

the resources available within the State for such training, educator preparation, professional development, compensation initiatives, and career systems.

(b)

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—

(1)

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;

(2)

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

(3)

the ways in which the State Task Force will use funds provided under this subpart to carry out the activities described in section 285.

287.

Evaluations

(a)

State evaluation

Each State receiving a grant under this subpart shall—

(1)

evaluate the activities that are assisted under this subpart in order to determine—

(A)

the effectiveness of the activities in achieving State goals;

(B)

the impact of a career lattice for individuals working in early childhood education programs;

(C)

the impact of the activities on licensing or regulating requirements for individuals in the field of early childhood development;

(D)

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;

(E)

the change in compensation and retention of individuals working in early childhood education programs within the State resulting from the activities; and

(F)

the impact of the activities on the demographic characteristics of individuals working in early childhood education programs; and

(2)

submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1).

(b)

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).

.

202.

National Academy of Sciences study of best practices in teacher preparation

(a)

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.

(b)

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.

(c)

Collaboration

(1)

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.

(2)

Interested parties

In this subsection, the term interested parties means—

(A)

college presidents;

(B)

deans of arts and sciences and teacher education programs;

(C)

teacher preparation faculty;

(D)

chief State school officers;

(E)

school superintendents;

(F)

teacher organizations;

(G)

outstanding teachers and principals;

(H)

teacher preparation accrediting organizations;

(I)

individuals or organizations with expertise in working with diverse populations, including students with disabilities and limited English proficient students; and

(J)

other organizations with expertise in teacher recruitment and training.

(d)

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.

III

TITLE III AMENDMENTS

301.

Program purpose

Section 311 (20 U.S.C. 1057) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking 351 and inserting 391; and

(B)

in paragraph (3)(F), by inserting , including services that will assist in the education of special populations before the period; and

(2)

in subsection (c)—

(A)

in paragraph (6), by inserting , including innovative, customized, instruction courses designed to help retain students and move the students rapidly into core courses and through program completion before the period;

(B)

by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively;

(C)

by inserting after paragraph (6) the following:

(7)

Education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents.

;

(D)

in paragraph (12) (as redesignated by subparagraph (B)), by striking distance learning academic instruction capabilities and inserting distance education technologies; and

(E)

in the matter preceding subparagraph (A) of paragraph (13) (as redesignated by subparagraph (B)), by striking subsection (c) and inserting subsection (b) and section 391.

302.

Title III grants for American Indian Tribally Controlled Colleges and Universities

(a)

Eligible institutions

Section 316(b)(3) (20 U.S.C. 1059c(b)(3)) is amended to read as follows:

(3)

Tribal College or University

The term Tribal College or University means an institution that—

(A)

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

(B)

is cited in section 532 of the Equity in Educational Land Grant Status Act of 1994 (7 U.S.C. 301 note).

.

(b)

Distance learning

Section 316(c)(2) is amended—

(1)

by amending subparagraph (B) to read as follows:

(B)

construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;

;

(2)

in subparagraph (C), by inserting before the semicolon at the end the following: , or advanced degrees in tribal governance or tribal public policy;

(3)

in subparagraph (D), by inserting before the semicolon at the end the following: , and in tribal governance or tribal public policy;

(4)

by striking and at the end of subparagraph (K);

(5)

by redesignating subparagraph (L) as subparagraph (M); and

(6)

by inserting after subparagraph (K) the following new subparagraph:

(L)

developing or improving facilities for Internet use or other distance learning academic instruction capabilities; and

.

(c)

Application and allotment

Section 316(d) is amended to read as follows:

(d)

Application and allotment

(1)

Institutional eligibility

To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b).

(2)

Application

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.

(3)

Minimum grant

Notwithstanding section 399(c), the amount allotted to each institution under this section shall not be less than $500,000.

(4)

Special rules

(A)

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.

(B)

Exemption

Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.

.

(d)

Allotment of remaining funds

Section 316 is further amended by adding at the end the following new subsection:

(e)

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:

(1)

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

(2)

the remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.

.

303.

Predominantly Black Institutions

Part A of title III is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section:

318.

Predominantly Black Institutions

(a)

Purpose

It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.

(b)

Definitions

For purposes of this section:

(1)

Predominantly Black Institution

The term Predominantly Black Institution means an institution of higher education—

(A)

that is an eligible institution (as defined in paragraph (5)(A) of this subsection) with a minimum of 1,000 undergraduate students;

(B)

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

(C)

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.

(2)

Low-income individual

The term low-income individual has the meaning given such term in section 402A(g).

(3)

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.

(4)

State

The term State means each of the 50 States and the District of Columbia.

(5)

Other definitions

For purposes of this section, the terms defined by section 312 have the meanings provided by that section, except as follows:

(A)

Eligible institution

(i)

The term eligible institution means an institution of higher education that—

(I)

has an enrollment of needy undergraduate students as required and defined by subparagraph (B);

(II)

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;

(III)

has an enrollment of undergraduate students that is at least 40 percent Black American students;

(IV)

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;

(V)

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

(VI)

is not receiving assistance under part B of this title.

(ii)

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).

(B)

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—

(i)

in the second fiscal year preceding the fiscal year for which the determination is made, were Pell Grant recipients in such year;

(ii)

come from families that receive benefits under a means-tested Federal benefits program (as defined in paragraph (3));

(iii)

attended a secondary school that was a high-need school during any year of such attendance; or

(iv)

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.

(c)

Authorized Activities

(1)

Types of activities authorized

Grants awarded pursuant to subsection (d) shall be used by Predominantly Black Institutions—

(A)

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;

(B)

to expand higher education opportunities for title IV eligible students by encouraging college preparation and student persistence in secondary and postsecondary education; and

(C)

to strengthen the institution’s financial ability to serve the academic needs of the students described in subparagraphs (A) and (B).

(2)

Authorized activities

Grants made to an institution under subsection (d) shall be used for one or more of the following activities:

(A)

The activities described in section 311(c)(1) through (11).

(B)

Academic instruction in disciplines in which Black Americans are underrepresented.

(C)

Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher certification.

(D)

Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education.

(E)

Other activities proposed in the application submitted pursuant to subsection (e) that—

(i)

contribute to carrying out the purposes of this section; and

(ii)

are approved by the Secretary as part of the review and acceptance of such application.

(3)

Endowment Fund

(A)

In general

A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.

(B)

Matching requirement

In order to be eligible to use grant funds in accordance with subparagraph (A), 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.

(C)

Comparability

The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).

(4)

Limitation

Not more than 50 percent of the allotment of any Predominantly Black Institution may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.

(d)

Allotments to Predominantly Black Institutions

(1)

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.

(2)

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.

(3)

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.

(4)

Minimum allotment

(A)

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.

(B)

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).

(5)

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.

(e)

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.

(f)

Application review process

Section 393 shall not apply to applications under this section.

(g)

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.

(h)

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.

.

304.

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:

319.

Asian American and Native American Pacific Islander-serving institutions

(a)

Program authorized

The Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders.

(b)

Definitions

For the purpose of this section—

(1)

the term Asian American has the meaning given the term Asian in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789);

(2)

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;

(3)

the term Asian American and Native American Pacific Islander-serving institution means an institution of higher education that—

(A)

is an eligible institution under section 312(b); and

(B)

at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander students; and

(4)

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.

(c)

Authorized activities

(1)

Types of activities authorized

Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders.

(2)

Examples of authorized activities

Such programs may include—

(A)

purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B)

renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C)

support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;

(D)

curriculum development and academic instruction;

(E)

purchase of library books, periodicals, microfilm, and other educational materials;

(F)

funds and administrative management, and acquisition of equipment for use in strengthening funds management;

(G)

joint use of facilities such as laboratories and libraries;

(H)

academic tutoring and counseling programs and student support services;

(I)

establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;

(J)

establishing or improving an endowment fund;

(K)

academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are under-represented;

(L)

conducting research and data collection for Asian American and Native American Pacific Islander populations and sub-populations; and

(M)

establishing partnerships with community based organizations serving Asian Americans and Native American Pacific Islanders.

(d)

Application process

(1)

Institutional eligibility

Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require.

(2)

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)

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

(B)

such other information and assurance as the Secretary may require.

(3)

Special rules

(A)

Eligibility

No Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.

(B)

Exemption

Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.

(C)

Distribution

In awarding grants under this section, the Secretary shall—

(i)

to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and

(ii)

give priority consideration to institutions that serve a significant percentage of Asian American and Native American Pacific Islander students who are low-income individuals.

.

305.

Native American-serving, nontribal institutions

(a)

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:

320.

Native American-serving, nontribal institutions

(a)

Program Authorized

The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans.

(b)

Definitions

In this section:

(1)

Native american

The term Native American means an individual who is of a tribe, people, or culture that is indigenous to the United States.

(2)

Native american-serving, nontribal institution

The term Native American-serving, nontribal institution means an institution of higher education that, at the time of application—

(A)

has an enrollment of undergraduate students that is not less than 10 percent Native American students; and

(B)

is not a Tribal College or University (as defined in section 316).

(c)

Authorized Activities

(1)

Types of activities authorized

Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans.

(2)

Examples of authorized activities

Such programs may include—

(A)

the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B)

renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C)

support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;

(D)

curriculum development and academic instruction;

(E)

the purchase of library books, periodicals, microfilm, and other educational materials;

(F)

funds and administrative management, and acquisition of equipment for use in strengthening funds management;

(G)

the joint use of facilities such as laboratories and libraries; and

(H)

academic tutoring and counseling programs and student support services.

(d)

Application Process

(1)

Institutional eligibility

A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may by regulation require.

(2)

Applications

(A)

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.

(B)

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.

(C)

Content

An application submitted under subparagraph (A) shall include—

(i)

a 5-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans; and

(ii)

such other information and assurances as the Secretary may require.

(3)

Special rules

(A)

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.

(B)

Exemption

Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.

(C)

Distribution

In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.

.

306.

Strengthening Historically Black Colleges and Universities

(a)

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,.

(b)

Authorized Activities

Section 323(a) (20 U.S.C. 1062(a)) is amended—

(1)

by redesignating paragraph (12) as paragraph (15); and

(2)

by inserting after paragraph (11) the following new paragraphs:

(12)

Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.

(13)

Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ parents, especially with regard to student indebtedness and student assistance programs under the title IV.

(14)

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.

.

(c)

Allotments

(1)

Minimum allotment

Subsection (d) of section 324 (20 U.S.C. 1063(d)) is amended to read as follows:

(d)

Minimum Allotment

(1)

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.

(2)

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.

.

(2)

Condition for allotments

Section 324 (20 U.S.C. 1063) is further amended by adding at the end the following new subsection:

(h)

Conditions for Allotments

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.

.

(d)

Professional or Graduate Institutions

(1)

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..

(2)

Authorized Activities

Section 326(c) (20 U.S.C. 1063b(c)) is amended—

(A)

by striking and at the end of paragraph (6);

(B)

by striking the period at the end of paragraph (7) and inserting a semicolon; and

(C)

by adding at the end the following new paragraphs:

(8)

acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities;

(9)

education or financial information designed to improve the financial literacy and economic literacy of students or the students’ parents, especially with regard to student indebtedness and student assistance programs under the title IV; and

(10)

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.

.

(3)

Eligibility

Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended—

(A)

by striking and at the end of subparagraph (Q);

(B)

by striking the period at the end of subparagraph (R) and inserting a semicolon; and

(C)

by adding at the end the following new subparagraphs:

(S)

Alabama State University qualified graduate programs;

(T)

Bowie State University qualified graduate programs;

(U)

Delaware State University qualified graduate programs;

(V)

Langston University qualified graduate programs;

(W)

Prairie View A&M University qualified graduate programs; and

(X)

University of the District of Columbia David A. Clarke School of Law.

.

(4)

Conforming amendment

Section 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended—

(A)

by striking 1998 and inserting 2008; and

(B)

by striking (Q) and (R) and inserting (S) through (X).

(5)

Preservation of funding

Section 326(f) (20 U.S.C. 1063b(f)) is amended—

(A)

in paragraph (1)—

(i)

by striking $26,600,000 and inserting $54,500,000; and

(ii)

by striking (P) and inserting (R);

(B)

in paragraph (2)—

(i)

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

(ii)

by striking subparagraphs (Q) and (R) and inserting subparagraphs (S) through (X); and

(C)

in paragraph (3)—

(i)

by striking $28,600,000 and inserting $60,500,000; and

(ii)

by striking (R) and inserting (X).

(e)

Unexpended funds

Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as follows:

(b)

Use of unexpended funds

Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the five-year period following the date of the initial grant award, may be carried over and expended during the succeeding five-year period, if such funds were obligated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award.

.

307.

Endowment Challenge Grants

(a)

Amounts

Section 331(b) (20 U.S.C. 1065(b)) is amended—

(1)

in paragraph (2)(B)(i), by striking $500,000 and inserting $1,000,000; and

(2)

in paragraph (5), by striking $50,000 and inserting $100,000.

(b)

Technical Assistance

Section 331 (20 U.S.C. 1065) is further amended by adding at the end the following new subsection:

(l)

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.

.

308.

Limitations on Federal insurance for bonds issued by the designated bonding authority

Section 344(a) (20 U.S.C. 1066c(a)) is amended—

(1)

by striking $375,000,000 and inserting $1,100,000,000;

(2)

by striking $250,000,000 and inserting $733,333,333; and

(3)

by striking $125,000,000 and inserting $366,666,666.

309.

Programs in STEM fields

(a)

YES Partnerships; Entry into STEM fields

Part E of title III (20 U.S.C.1067 et seq.) is amended—

(1)

by redesignating subpart 2 as subpart 3; and

(2)

by inserting after subpart 1 the following new subpart:

2

Programs in STEM fields

355.

YES Partnerships grant program

(a)

Grant program authorized

Subject to the availability of appropriations to carry out this subpart, the Secretary shall make grants to eligible partnerships (as described in subsection (f)) to support 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.

(b)

Minimum grant amount

A grant awarded to a partnership under this subpart shall be for an amount that is not less than $500,000.

(c)

Duration

A grant awarded under this subpart shall be for a period of 5 years.

(d)

Non-Federal matching share required

A partnership receiving a grant under this subpart shall provide, from non-Federal sources, in cash or in kind, an amount equal to 50 percent of the costs of the project supported by such grant.

(e)

Distribution of grants

In awarding grants under this subpart, the Secretary shall ensure that, to the maximum extent practicable, the projects funded under this subpart are located in diverse geographic regions of the United States.

(f)

Eligible Partnerships

Notwithstanding the general eligibility provision in section 361, eligibility to receive grants under this subpart is limited to partnerships described in paragraph (5) of such section.

356.

Promotion of entry into STEM fields

(a)

Authority To contract, subject to appropriations

The Secretary 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.

(b)

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—

(1)

monitoring trends in youth attitudes toward pursuing education and professions in the STEM fields and their propensity toward entering the STEM fields;

(2)

determining what factors contribute to encouraging and discouraging Americans from pursuing study in STEM fields and entering the STEM fields professionally;

(3)

determining what specific factors limit the participation of groups currently underrepresented in STEM fields, including Latinos, African-Americans, and women; and

(4)

drawing from the market research performed under this section and implementing an advertising campaign to encourage young Americans to take up studies in STEM fields, beginning at an early age.

(c)

Required components

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.

(d)

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.

(e)

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.

(f)

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.

357.

Evaluation and Accountability Plan

The Secretary shall develop an evaluation and accountability plan for projects funded under this subpart to objectively measure the impact of such projects, including a measure of whether underrepresented minority student enrollment in courses related to science, technology, engineering, and mathematics increases at the secondary and postsecondary levels.

.

(b)

Eligibility for grants

Section 361 (20 U.S.C. 1067g) is amended—

(1)

by striking or at the end of paragraph (3);

(2)

in paragraph (4)—

(A)

by inserting to include public institutions of higher education after organizations,;

(B)

by striking or at the end of subparagraph (D);

(C)

by striking the period at the end of subparagraph (E) and inserting ; or;

(D)

by adding at the end the following new subparagraph:

(F)

institutions of higher education which have State-approved centers for research in science, technology, engineering, and mathematics; or

;

(3)

by adding at the end the following new paragraph:

(5)

only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include—

(A)

at least one institution of higher education eligible for assistance under this title or title V;

(B)

at least one high need local educational agency (as defined in section 200); and

(C)

at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, or State agencies.

.

310.

Technical assistance

Section 391 (20 U.S.C. 1068) is amended by adding at the end the following new subsection:

(e)

Technical Assistance

The Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this title.

.

311.

Waiver authority

(a)

Section 392 (20 U.S.C. 1068a) is amended by adding at the end the following new subsection:

(c)

Waiver authority with respect to institutions located in an area affected by a Gulf hurricane disaster

(1)

Waiver authority

Notwithstanding any other provision of 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—

(A)

waive—

(i)

the eligibility data requirements set forth in section 391(d);

(ii)

the wait-out period set forth in section 313(d);

(iii)

the allotment requirements under section 324; and

(iv)

the use of the funding formula developed pursuant to section 326(f)(3); and

(B)

waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this title at the time of a Gulf hurricane disaster are not adversely impacted by any formula calculation for fiscal year 2009 or for any of the 4 succeeding fiscal years;

(C)

make available to each affected institution an amount that is not less than the amount made available to such institution under this title for fiscal year 2006.

(2)

Definitions

In this subsection:

(A)

Affected institution

The term affected institution means an institution of higher education that—

(i)

is—

(I)

a part A institution, as such term is defined in section 312(b);

(II)

an American Indian Tribal College or University, as such term is defined in section 316(b);

(III)

an Alaskan Native-serving institution or Native Hawaiian-serving institution, as such terms are defined in section 317(b); or

(IV)

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));

(ii)

is located in an area affected by a Gulf hurricane disaster; and

(iii)

is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution—

(I)

incurred physical damage;

(II)

has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and

(III)

was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on August 29, 2005.

(B)

Area affected by a Gulf hurricane disaster; Gulf hurricane disaster

The terms area affected by a Gulf hurricane disaster and Gulf hurricane disaster have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat. 2809).

.

312.

Authorization of appropriations

(a)

Authorizations

Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as follows:

(a)

Authorizations

(1)

Part a

(A)

There are authorized to be appropriated to carry out part A, $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.

(B)

There are authorized to be appropriated to carry out section 316, $30,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(C)

There are authorized to be appropriated to carry out section 317, $15,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(D)

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.

(E)

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.

(F)

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.

(2)

Part b

(A)

There are authorized to be appropriated to carry out part B (other than section 326), $300,000,000 for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out section 326, $100,000,000 for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years.

(3)

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.

(4)

Part d

(A)

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.

(B)

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.

(5)

Part e

(A)

There are authorized to be appropriated to carry out subpart 1 of part E, $12,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(B)

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.

.

(b)

Minimum grant amount

Section 399 (20 U.S.C. 1068h) is amended by adding at the end the following:

(c)

Minimum Grant Amount

The minimum amount of a grant under this title shall be $200,000.

.

313.

Technical corrections

(a)

Amendments

Title III (20 U.S.C. 1051 et seq.) is further amended—

(1)

in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by striking ,, and inserting ,;

(2)

in section 343(e) (20 U.S.C. 1066b(e)), by inserting Sale of Qualified Bonds.— before Notwithstanding;

(3)

in the matter preceding clause (i) of section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking support and inserting supports;

(4)

in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by striking subparagraph (E) and inserting subparagraph (D);

(5)

in the matter preceding subparagraph (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking eligible institutions under part A institutions and inserting eligible institutions under part A; and

(6)

in the matter preceding paragraph (1) of section 396 (20 U.S.C. 1068e), by striking 360 and inserting 399.

(b)

Redesignation and relocation

The Higher Education Act of 1965 is further amended—

(1)

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

(2)

by redesignating section 499A (as added by such section) as section 399A.

IV

TITLE IV AMENDMENTS

A

PART A AMENDMENTS

401.

Federal Pell Grants

(a)

Authorized Maximums

Section 401(b)(2)(A) (20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows:

(2)
(A)

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.

.

(b)

Multiple Grants

(1)

Amendment

Paragraph (5) of section 401(b) is amended to read as follows:

(5)

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.

.

(2)

Effective date

The amendment made by paragraph (1) shall be effective July 1, 2009.

(c)

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).

(d)

Technical amendment to CCRAA

Section 401(b)(9)(F) is amended by striking remain available and all that follows and inserting remain available for the fiscal year succeeding the fiscal year for which such amounts are made available..

(e)

Maximum duration of eligibility

Section 401(c) is amended by adding at the end the following new paragraph:

(5)

The period during which a student may receive Federal Pell Grants shall not exceed 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.

.

(f)

Academic Competitiveness Grants

Section 401A (as amended by section 8003 of Public Law 109–171)—

(1)

in subsection (b), by striking academic each place it appears;

(2)

in subsection (c)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking academic and inserting award; and

(ii)

by striking full–time; and

(B)

by amending paragraph (1) to read as follows:

(1)

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

(C)

in paragraph (3)—

(i)

by striking academic each place it appears;

(ii)

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;

(iii)

in subparagraph (A)(ii), by inserting , except as part of a secondary school program of study before the semicolon;

(iv)

in subparagraph (C)—

(I)

by striking clause (i)(II) and inserting the following:

(II)

a critical foreign language; and

; and

(II)

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

(v)

by adding at the end the following:

(D)

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—

(i)

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—

(I)

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

(II)

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

(ii)

offered such curriculum prior to February 8, 2006.

;

(3)

in subsection (d)—

(A)

in paragraph (1)(A)—

(i)

in clause (i), by inserting for one academic year during the student's first year of enrollment after $750;

(ii)

in clause (ii), by inserting for one academic year during the student's second year of enrollment after $1,300; and

(iii)

in clause (iii)—

(I)

by inserting for one academic year after $4,000; and

(II)

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;

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking an academic and inserting a; and

(II)

by striking (B), or (C) and inserting (B), (C), or (D); and

(ii)

in subparagraph (B)—

(I)

by striking or at the end of clause (ii); and

(II)

by striking clause (iii) and inserting the following:

(iii)

two academic years under subsection (c)(3)(C); or

(iv)

two academic years under subsection (c)(3)(D).

; and

(C)

by adding at the end the following new paragraph:

(3)

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

(4)

in subsection (g), by striking academic and inserting award.

402.

Federal TRIO Programs

(a)

Program Authority; Authorization of Appropriations

Section 402A (20 U.S.C. 1070a–11) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by inserting community-based organizations with experience in serving disadvantaged youth after private agencies and organizations; and

(ii)

by striking in exceptional circumstances,;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking 4 and inserting 5;

(ii)

by striking subparagraph (A); and

(iii)

by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(C)

by striking paragraph (3) and inserting the following:

(3)

Minimum grants

Unless the institution or agency requests a smaller amount, an individual grant authorized under this chapter shall be awarded in an amount that is not less than $200,000, except that an individual grant authorized under section 402G shall be awarded in an amount that is not less than $170,000.

;

(2)

in subsection (c)—

(A)

in paragraph (2), by striking service delivery and inserting high quality service delivery, as determined under subsection (f),;

(B)

in paragraph (3)(B), by striking is not required to and inserting shall not;

(C)

in paragraph (5), by striking campuses and inserting different campuses; and

(D)

in paragraph (6), by adding at the end the following new sentence: The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify services to foster care youth as a permissible service in those programs, and to ensure that such youth receive supportive services, including mentoring, tutoring, and other services provided by those programs.;

(3)

in subsection (e)—

(A)

by striking (g)(2) each place it appears and inserting (h)(4); and

(B)

by adding at the end the following new paragraph:

(3)

Notwithstanding this subsection and subsection (i)(4), individuals who are homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act shall be eligible to participate in programs under sections 402B, 402C, 402D, and 402F of this chapter.

;

(4)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;

(5)

by inserting after subsection (e) the following:

(f)

Outcome Criteria

(1)

Use for prior experience determination

The Secretary shall use the outcome criteria described in paragraphs (2) and (3) to evaluate the programs provided by a recipient of a grant under this chapter, and the Secretary shall determine an eligible entity’s prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria.

(2)

Disaggregation of relevant data

The outcome criteria under this subsection shall be disaggregated by low-income students, first generation college students, and individuals with disabilities, in the schools and institutions of higher education served by the program to be evaluated.

(3)

Contents of outcome criteria

The outcome criteria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authorized under this chapter and shall include the following:

(A)

For programs authorized under section 402B, the extent to which the eligible entity met or exceeded the entity’s objectives established in the entity’s application for such program regarding—

(i)

the delivery of service to a total number of students served by the program;

(ii)

the continued secondary school enrollment of such students;

(iii)

the graduation of such students from secondary school;

(iv)

the completion by such students of a rigorous secondary school program of study that will make them eligible for programs such as the Academic Competitiveness Grants; and

(v)

the enrollment of such students in an institution of higher education.

(B)

For programs authorized under section 402C, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding—

(i)

the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;

(ii)

such students’ school performance, as measured by the grade point average, or its equivalent;

(iii)

such students’ academic performance, as measured by standardized tests, including tests required by the students’ State;

(iv)

the retention in, and graduation from, secondary school of such students;

(v)

the completion by such students of a rigorous secondary school program of study that will make them eligible for programs such as the Academic Competitiveness Grants; and

(vi)

the enrollment of such students in an institution of higher education.

(C)

For programs authorized under section 402D—

(i)

the extent to which the eligible entity met or exceeded the entity’s objectives regarding the retention in postsecondary education of the students served by the program;

(ii)
(I)

in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the percentage of students served by the program who completed degree programs met or exceeded the entity’s objectives; or

(II)

in the case of an entity that is an institution of higher education that does not offer a baccalaureate degree, the extent to which the students served by the entity met or exceeded s objectives regarding—

(aa)

the completion of a degree or certificate; and

(bb)

the transfer to institutions of higher education that offer baccalaureate degrees;

(iii)

the extent to which the entity met or exceeded the entity’s objectives regarding the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period; and

(iv)

the extent to which the entity met or exceeded the entity’s objectives regarding such students remaining in good academic standing.

(D)

For programs authorized under section 402E, the extent to which the entity met or exceeded the entity’s objectives for such program regarding—

(i)

the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period;

(ii)

the provision of appropriate scholarly and research activities for the students served by the program;

(iii)

the acceptance and enrollment of such students in graduate programs; and

(iv)

the continued enrollment of such students in graduate study and the attainment of doctoral degrees by former program participants.

(E)

For programs authorized under section 402F, the extent to which the entity met or exceeded the entity’s objectives for such program regarding—

(i)

the enrollment of students without a secondary school diploma or its recognized equivalent, who were served by the program, in programs leading to such diploma or equivalent;

(ii)

the enrollment of secondary school graduates who were served by the program in programs of postsecondary education;

(iii)

the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period; and

(iv)

the provision of assistance to students served by the program in completing financial aid applications and college admission applications.

(4)

Measurement of progress

In order to determine the extent to which an outcome criterion described in paragraph (2) or (3) is met or exceeded, the Secretary shall compare the agreed upon target for the criterion, as established in the eligible entity’s application approved for funding by the Secretary, with the results for the criterion, measured as of the last day of the applicable time period for the determination for each outcome criteria.

(5)

Appeals

Upon determination by the Secretary not to accept an application, or upon determination by the Secretary through the peer review process as specified in (c)(4) not to fund an application, for any program under this chapter, the Secretary shall allow such applicant to appeal to an administrative law judge that the Secretary improperly rejected or improperly scored the evaluation criteria points. The Secretary shall notify each entity requesting assistance under this chapter regarding the status of their application at least 90 days prior to the startup date of such program.

;

(6)

in subsection (g) (as redesignated by paragraph (4))—

(A)

in the first sentence, by striking $700,000,000 for fiscal year 1999 and all that follows through the period and inserting $950,000,000 for fiscal year 2009 and such sums for each of the 4 succeeding fiscal years.; and

(B)

by striking the fourth sentence; and

(7)

in subsection (h) (as redesignated by paragraph (4))—

(A)

by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively;

(B)

by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following:

(1)

Different campus

The term different campus means a site of an institution of higher education that—

(A)

is geographically apart from the main campus of the institution;

(B)

is permanent in nature; and

(C)

offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.

(2)

Different population

The term different population means a group of individuals that an eligible entity desires to serve through an application for a grant under this chapter, and that—

(A)

is separate and distinct from any other population that the entity has applied for a grant under this chapter to serve; or

(B)

while sharing some of the same needs as another population that the eligible entity has applied for a grant under this chapter to serve, has distinct needs for specialized services.

;

(C)

in paragraph (5) (as redesignated by subparagraph (A))—

(i)

in subparagraph (A)—

(I)

by striking , any part of which occurred after January 31, 1955,; and

(II)

by striking or after the semicolon;

(ii)

in subparagraph (B)—

(I)

by striking after January 31, 1955,; and

(II)

by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(C)

was a member of a reserve component of the Armed forces called to active duty for a period of more than 180 days; or

(D)

was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) on or after September 11, 2001.

; and

(D)

in paragraph (6), by striking subparagraph (A) or (B) of paragraph (3) and inserting subparagraph (A), (B), or (C) of paragraph (5).

(b)

Upward Bound

Section 402C (20 U.S.C. 1070a–13) is amended—

(1)

in subsection (b)(11), by inserting , including mathematics and science preparation, after special services; and

(2)

by adding at the end the following:

(f)

Absolute priority prohibited in Upward Bound program

Except as otherwise expressly provided by amendment to this section, the Secretary shall not implement or enforce, and shall rescind, the absolute priority for Upward Bound Program participant selection and evaluation published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.).

.

(c)

Amendment to Postbaccalaureate Achievement Program

Section 402E(c)(2) (20 U.S.C. 1070a–15(c)(2)) is amended by inserting , including Native Hawaiians, as defined section 317(b)(3), and Pacific Islanders after graduate education.

(d)

Reports, Evaluations, and Grants for Project Improvement and Dissemination

Section 402H (20 U.S.C. 1070a–18) is amended—

(1)

by striking the section heading and inserting reports, evaluations, and grants for project improvement and dissemination.;

(2)

by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;

(3)

by inserting before subsection (b) (as redesignated by paragraph (2)) the following:

(a)

Reports to the authorizing committees

The Secretary shall submit annually to the authorizing committees a report that documents the performance of all programs funded under this chapter. The report shall—

(1)

be submitted not later than 24 months after the eligible entities receiving funds under this chapter are required to report their performance to the Secretary;

(2)

focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4);

(3)

aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;

(4)

include, when appropriate, descriptive data, multi-year data, and multi-cohort data; and

(5)

include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.

; and

(4)

in subsection (b) (as redesignated by paragraph (2)), by striking paragraph (2) and inserting the following:

(2)

Practices

(A)

In general

The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are particularly effective in—

(i)

enhancing the access of low-income individuals and first-generation college students to postsecondary education;

(ii)

the preparation of the individuals and students for postsecondary education; and

(iii)

fostering the success of the individuals and students in postsecondary education.

(B)

Primary purpose

Any evaluation conducted under this chapter shall have as its primary purpose the identification of particular practices that further the achievement of the outcome criteria determined under section 402A(f)(4).

(C)

Dissemination and use of evaluation findings

The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). Such practices may be used by eligible entities that receive assistance under this chapter after the dissemination.

(3)

Recruitment

The Secretary shall not require an eligible entity desiring to receive assistance under this chapter to recruit students to serve as a control group for purposes of evaluating any program or project assisted under this chapter.

(4)

Consideration

When designing an evaluation under this subsection, the Secretary shall consider—

(A)

the burden placed upon the program participants or the eligible entity; and

(B)

approval by the institution’s institutional review board.

.

403.

GEARUP Amendments

(a)

Eligible students

Section 404A(a) (20 U.S.C. 1070a–21(a)) is amended—

(1)

in paragraph (1), by inserting , including students with disabilities, after low-income students; and

(2)

in paragraph (2)(A), by inserting , including students with disabilities, after secondary school students.

(b)

Award period; priority

Section 404A(b) (20 U.S.C. 1070a–21(b)) is amended by striking paragraph (2) and inserting the following:

(2)

Award period

The Secretary may award a grant under this chapter to an eligible entity described in paragraphs (1) and (2) of subsection (c) for 7 years.

(3)

Priority

In making awards to eligible entities described in subsection (c)(1), the Secretary shall—

(A)

give priority to eligible entities that—

(i)

on the day before the date of enactment of the College Opportunity and Affordability Act of 2007, carried out successful educational opportunity programs under this chapter (as this chapter was in effect on such day); and

(ii)

have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; and

(B)

ensure that students served under this chapter on the day before the date of enactment of the College Opportunity and Affordability Act of 2007 continue to receive assistance through the completion of secondary school.

.

(c)

Requirements: Continuity of services

(1)

Cohort approach

Section 404B(g)(1) (20 U.S.C. 1070a–22(g)(1)) is amended—

(A)

by striking and at the end of subparagraph (A);

(B)

in subparagraph (B)—

(i)

by inserting and provide the option of continued services through the student’s first year of attendance at an institution of higher education after grade level; and

(ii)

by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(C)

provide services under this chapter to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.

.

(2)

Early intervention

Section 404D (20 U.S.C. 1070a–24) is amended—

(A)

in subsection (a)(1)(B)—

(i)

by striking and at the end of clause (ii);

(ii)

by striking the period at the end of clause (iii) and inserting ; and; and

(iii)

by adding at the end the following new clause:

(iv)

the transition to college or postsecondary education through continuity of services to support students in and through the first year of attendance at an institution of higher education.

;

(B)

in subsection (b)(2)(A)—

(i)

by inserting and students in the first year of attendance at an institution of higher education after grade 12;

(ii)

by striking and at the end of clause (i);

(iii)

by striking the period at the end of clause (ii) and inserting ; and; and

(iv)

by adding at the end the following new clause:

(iii)

may include special programs or tutoring in science, technology, engineering, or mathematics.

; and

(C)

in subsection (c)—

(i)

in the matter preceding paragraph (1), by striking grade 12 who is eligible and inserting grade 12, and may consider a student in the first year of attendance at an institution, who is;

(ii)

in paragraph (1), by inserting eligible before to be counted;

(iii)

in paragraph (2), by inserting eligible before for free, and by striking or;

(iv)

in paragraph (3), by inserting eligible before for assistance, and by striking the period and inserting a semicolon; and

(v)

by adding at the end the following new paragraphs:

(4)

in foster care; or

(5)

a homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act.

.

(d)

Flexibility in meeting matching requirements

Section 404C (20 U.S.C. 1070a–23) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)(A), by inserting and accrued over the full duration of the grant award period after in cash or in kind;

(B)

in paragraph (2), by adding at the end the following new sentence: Eligible entities may request a reduced match percentage at the time of application or by petition subsequent to a grant award, provided that an eligible entity can demonstrate a change in circumstances that was unknown at the time of application.; and

(C)

by adding at the end the following new paragraph:

(3)

Additional special rule

To encourage eligible entities described in 404A(c) to provide students under this chapter with financial assistance for postsecondary education, each dollar of non-Federal funds obligated under subsection (c)(1) and (c)(2) shall, for purposes of paragraph (1)(A) of this subsection, be treated as 2 dollars.

; and

(2)

in subsection (c)—

(A)

in paragraph (1), by striking paid to students from State, local, institutional, or private funds under this chapter and inserting obligated to students from State, local, institutional, or private funds under this chapter, including pre-existing , non-Federal financial assistance programs;

(B)

by striking and at the end of paragraph (2);

(C)

by striking the period at the end of paragraph (3) and inserting ; and; and

(D)

by adding at the end the following new paragraph:

(4)

other resources recognized by the Secretary, including equipment and supplies, cash contribution from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.

.

(e)

Early intervention

Section 404D (20 U.S.C. 1070a–24) is amended—

(1)

in subsection (b)(2)(A)(ii), by striking and academic counseling and inserting , academic counseling, and financial literacy and economic literacy education or counseling;

(2)

in subsection (b)(2), by adding at the end the following new subparagraphs:

(F)

Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities.

(G)

Engaging entities described in section 404A(c)(2)(C) in a collaborative manner to provide matching resources and participate in other activities authorized under this section.

(H)

Disseminating information that promotes the importance of higher education, explains college preparation and admission requirements, and raises awareness of the resources and services provided by the eligible entities described in section 404A(c) to eligible students, their families, and communities.

; and

(3)

by adding at the end of subsection (b) the following new paragraph:

(3)

Additional permissible activities for States

In meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter may, in addition to the activities authorized by paragraph (2) of this subsection, use funds to provide technical assistance to—

(A)

middle schools or secondary schools that are located within the State; or

(B)

partnerships described in section 404A(c)(2) that are located within the State.

.

(f)

Scholarship component

Section 404E (20 U.S.C. 1070a–25) is amended—

(1)

in subsection (a)(1), by inserting to supplement aid for which they are regularly eligible after shall establish or maintain a financial assistance program that awards scholarships to students;

(2)

in subsection (a)(2), by inserting to supplement aid for which they are regularly eligible after An eligible entity described in section 404A(c)(2) may award scholarships to eligible students; and

(3)

in subsection (b)(2), by striking the maximum Federal Pell Grant and inserting the minimum Federal Pell Grant.

(g)

Authorization of appropriations

Section 404H (20 U.S.C. 1070a–31) is amended by striking $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years and inserting $400,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.

404.

Academic Achievement Incentive Scholarships

Chapter 3 of subpart 1 of part A of title IV (20 U.S.C. 1070a–31 et seq.) is repealed.

405.

Federal Supplemental Educational Opportunity Grants

(a)

Authorization of appropriations

Section 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by striking $675,000,000 for fiscal year 1999 and inserting $875,000,000 for fiscal year 2009.

(b)

Allowance for books and supplies

Section 413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is amended by striking $450 and inserting $600.

406.

Grants for access and persistence

(a)

Authorization of Appropriations

Section 415A(b) (20 U.S.C. 1070c(b)) is amended by striking paragraphs (1) and (2) and inserting the following:

(1)

In general

There are authorized to be appropriated to carry out this subpart $200,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(2)

Reservation

For any fiscal year for which the amount appropriated under paragraph (1) exceeds $30,000,000, the excess amount shall be available to carry out section 415E.

.

(b)

Applications for Leveraging Educational Assistance Partnership Programs

Section 415C(b) (20 U.S.C. 1070c–2(b)) is amended—

(1)

in paragraph (2), by striking $5,000 and inserting $12,500;

(2)

in paragraph (9), by striking and after the semicolon;

(3)

in paragraph (10), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following:

(11)

provides notification to eligible students that such grants are—

(A)

Leveraging Educational Assistance Partnership Grants; and

(B)

funded by the Federal Government and the State.

.

(c)

Grants for Access and Persistence

Section 415E (20 U.S.C. 1070c–3a) is amended to read as follows:

415E.

Grants for access and persistence

(a)

Purpose

It is the purpose of this section to expand college access and increase college persistence by making allotments to States to enable the States to—

(1)

expand and enhance partnerships with institutions of higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties to carry out activities under this section and to provide coordination and cohesion among Federal, State, and local governmental and private efforts that provide financial assistance to help low-income students attend college;

(2)

provide need-based access and persistence grants to eligible low-income students;

(3)

provide early notification to low-income students of their eligibility for financial aid; and

(4)

encourage increased participation in early information and intervention, mentoring, or outreach programs.

(b)

Allotments to States

(1)

In general

(A)

Authorization

From sums reserved under section 415A(b)(2) for each fiscal year, the Secretary shall make an allotment to each State that submits an application for an allotment in accordance with subsection (c) to enable the State to pay the Federal share of the cost of carrying out the activities under subsection (d).

(B)

Determination of allotment

In making allotments under subparagraph (A), the Secretary shall consider the following:

(i)

Continuation of award

If a State continues to meet the specifications established in its application under subsection (c), the Secretary shall make an allotment to such State that is not less than the allotment made to such State for the previous fiscal year.

(ii)

Priority

The Secretary shall give priority in making allotments to States that meet the requirements under paragraph (2)(B)(ii).

(2)

Federal share

(A)

In general

The Federal share of the cost of carrying out the activities under subsection (d) for any fiscal year shall not exceed 66.66 percent.

(B)

Different percentages

The Federal share under this section shall be determined in accordance with the following:

(i)

The Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 57 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents less than a majority of all students attending institutions of higher education in the State, and—

(I)

philanthropic organizations that are located in, or that provide funding in, the State; or

(II)

private corporations that are located in, or that do business in, the State.

(ii)

The Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 66.66 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents a majority of all students attending institutions of higher education in the State, and—

(I)

philanthropic organizations that are located in, or that provide funding in, the State; or

(II)

private corporations that are located in, or that do business in, the State.

(C)

Non-Federal share

(i)

In general

The non-Federal share under this section may be provided in cash or in kind, fairly evaluated.

(ii)

In kind contribution

For the purpose of calculating the non-Federal share under this subparagraph, an in kind contribution is a non-cash contribution that—

(I)

has monetary value, such as the provision of—

(aa)

room and board; or

(bb)

transportation passes; and

(II)

helps a student meet the cost of attendance at an institution of higher education.

(iii)

Effect on needs analysis

For the purpose of calculating a student’s need in accordance with part F, an in kind contribution described in clause (ii) shall not be considered an asset or income of the student or the student’s parent.

(c)

Application for Allotment

(1)

In general

(A)

Submission

A State that desires to receive an allotment 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.

(B)

Content

An application submitted under subparagraph (A) shall include the following:

(i)

A description of the State’s plan for using the allotted funds.

(ii)

Assurances that the State will provide matching funds, in cash or in kind, from State, institutional, philanthropic, or private funds, of not less than 33.33 percent of the cost of carrying out the activities under subsection (d). The State shall specify the methods by which matching funds will be paid and include provisions designed to ensure that funds provided under this section will be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities under this title. A State that uses non-Federal funds to create or expand existing partnerships with nonprofit organizations or community-based organizations in which such organizations match State funds for student scholarships, may apply such matching funds from such organizations toward fulfilling the State’s matching obligation under this clause.

(iii)

Assurances that early information and intervention, mentoring, or outreach programs exist within the State or that there is a plan to make such programs widely available.

(iv)

A description of the organizational structure that the State has in place to administer the activities under subsection (d).

(v)

A description of the steps the State will take to ensure students who receive grants under this section persist to degree completion.

(vi)

Assurances that the State has a method in place, such as acceptance of the automatic zero expected family contribution determination described in section 479(c), to identify eligible low-income students and award State grant aid to such students.

(vii)

Assurances that the State will provide notification to eligible low-income students that grants under this section are—

(I)

Leveraging Educational Assistance Partnership Grants; and

(II)

funded by the Federal Government and the State.

(2)

State agency

The State agency that submits an application for a State under section 415C(a) shall be the same State agency that submits an application under paragraph (1) for such State.

(3)

Partnership

In applying for an allotment under this section, the State agency shall apply for the allotment in partnership with—

(A)

not less than one public and one private degree-granting institution of higher education that are located in the State;

(B)

new or existing early information and intervention, mentoring, or outreach programs located in the State; and

(C)

not less than one—

(i)

philanthropic organization located in, or that provides funding in, the State; or

(ii)

private corporation located in, or that does business in, the State.

(4)

Roles of partners

(A)

State agency

A State agency that is in a partnership receiving an allotment under this section—

(i)

shall—

(I)

serve as the primary administrative unit for the partnership;

(II)

provide or coordinate matching funds, and coordinate activities among partners;

(III)

encourage each institution of higher education in the State to participate in the partnership;

(IV)

make determinations and early notifications of assistance as described under subsection (d)(2); and

(V)

annually report to the Secretary on the partnership’s progress in meeting the purpose of this section; and

(ii)

may provide early information and intervention, mentoring, or outreach programs.

(B)

Degree-granting institutions of higher education

A degree-granting institution of higher education (as defined in section 102) that is in a partnership receiving an allotment under this section—

(i)

shall—

(I)

recruit and admit participating qualified students and provide such additional institutional grant aid to participating students as agreed to with the State agency;

(II)

provide support services to students who receive an access and persistence grant under this section and are enrolled at such institution; and

(III)

assist the State in the identification of eligible students and the dissemination of early notifications of assistance as agreed to with the State agency; and

(ii)

may provide funding for early information and intervention, mentoring, or outreach programs or provide such services directly.

(C)

Programs

An early information and intervention, mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide direct services, support, and information to participating students.

(D)

Philanthropic organization or private corporation

A philanthropic organization or private corporation that is in a partnership receiving an allotment under this section shall provide funds for access and persistence grants for participating students, or provide funds or support for early information and intervention, mentoring, or outreach programs.

(d)

Authorized Activities

(1)

In general

(A)

Establishment of partnership

Each State receiving an allotment under this section shall use the funds to establish a partnership to award access and persistence grants to eligible low-income students in order to increase the amount of financial assistance such students receive under this subpart for undergraduate education expenses.

(B)

Amount

(i)

Partnerships with institutions serving less than a majority of students in the state

(I)

In general

In the case where a State receiving an allotment under this section is in a partnership described in subsection (b)(2)(B)(i), the amount of an access and persistence grant awarded by such State shall be not less than the amount that is equal to the average undergraduate tuition and mandatory fees at 4-year public institutions of higher education in the State where the student resides (less any other Federal or State sponsored grant amount, college work study amount, and scholarship amount received by the student) and such amount shall be used toward the cost of attendance at an institution of higher education, located in the State, that is a partner in the partnership.

(II)

Cost of attendance

A State that has a program, apart from the partnership under this section, of providing eligible low-income students with grants that are equal to the average undergraduate tuition and mandatory fees at 4-year public institutions of higher education in the State, may increase the amount of access and persistence grants awarded by such State up to an amount that is equal to the average cost of attendance at 4-year public institutions of higher education in the State (less any other Federal or State sponsored grant amount, college work study amount, and scholarship amount received by the student).

(ii)

Partnership with institutions serving the majority of students in the state

In the case where a State receiving an allotment under this section is in a partnership described in subsection (b)(2)(B)(ii), the amount of an access and persistence grant awarded by such State shall be not less than the average cost of attendance at 4-year public institutions of higher education in the State where the student resides (less any other Federal or State sponsored grant amount, college work study amount, and scholarship amount received by the student) and such amount shall be used by the student to attend an institution of higher education, located in the State, that is a partner in the partnership.

(2)

Early notification

(A)

In general

Each State receiving an allotment under this section shall annually notify low-income students (such as students who are eligible to receive a free lunch under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)) in grade 7 through grade 12 in the State, and their families, of their potential eligibility for student financial assistance, including an access and persistence grant, to attend an institution of higher education.

(B)

Content of notice

The notification under subparagraph (A)—

(i)

shall include—

(I)

information about early information and intervention, mentoring, or outreach programs available to the student;

(II)

information that a student’s candidacy for an access and persistence grant is enhanced through participation in an early information and intervention, mentoring, or outreach program;

(III)

an explanation that student and family eligibility and participation in other Federal means-tested programs may indicate eligibility for an access and persistence grant and other student aid programs;

(IV)

a nonbinding estimation of the total amount of financial aid a low-income student with a similar income level may expect to receive, including an estimation of the amount of an access and persistence grant and an estimation of the amount of grants, loans, and all other available types of aid from the major Federal and State financial aid programs;

(V)

an explanation that in order to be eligible for an access and persistence grant, at a minimum, a student shall meet the requirement under paragraph (3), graduate from secondary school, and enroll at an institution of higher education that is a partner in the partnership;

(VI)

information on any additional requirements (such as a student pledge detailing student responsibilities) that the State may impose for receipt of an access and persistence grant under this section; and

(VII)

instructions on how to apply for an access and persistence grant and an explanation that a student is required to file a Free Application for Federal Student Aid authorized under section 483(a) to be eligible for such grant and assistance from other Federal and State financial aid programs; and

(ii)

may include a disclaimer that access and persistence grant awards are contingent upon—

(I)

a determination of the student’s financial eligibility at the time of the student’s enrollment at an institution of higher education that is a partner in the partnership;