< Back to S. 1642 (110th Congress, 2007–2009)

Text of Higher Education Amendments of 2007

This bill was introduced in a previous session of Congress and was passed by the Senate on July 24, 2007 but was never passed by the House. The text of the bill below is as of Jul 24, 2007 (Passed the Senate (Engrossed)).

Download PDF

Source: GPO

110th CONGRESS

1st Session

S. 1642

IN THE SENATE OF THE UNITED STATES

AN ACT

To extend the authorization of programs under the Higher Education Act of 1965, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Higher Education Amendments of 2007.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. General effective date.

TITLE I—GENERAL PROVISIONS

Sec. 101. Additional definitions.

Sec. 102. General definition of institution of higher education.

Sec. 103. Definition of institution of higher education for purposes of title IV programs.

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

Sec. 105. Accreditation and Institutional Quality and Integrity Advisory Committee.

Sec. 106. Drug and alcohol abuse prevention.

Sec. 107. Prior rights and obligations.

Sec. 108. Transparency in college tuition for consumers.

Sec. 109. Databases of student information prohibited.

Sec. 110. Clear and easy-to-find information on student financial aid.

Sec. 110A. State higher education information system pilot program.

Sec. 111. Performance-based organization for the delivery of Federal student financial assistance.

Sec. 112. Procurement flexibility.

Sec. 113. Institution and lender reporting and disclosure requirements.

Sec. 114. Employment of postsecondary education graduates.

Sec. 115. Foreign medical schools.

Sec. 116. Demonstration and certification regarding the use of certain Federal funds.

TITLE II—TEACHER QUALITY ENHANCEMENT

Sec. 201. Teacher quality partnership grants.

Sec. 202. General provisions.

TITLE III—INSTITUTIONAL AID

Sec. 301. Program purpose.

Sec. 302. Definitions; eligibility.

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

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

Sec. 305. Native American-serving, nontribal institutions.

Sec. 306. Part B definitions.

Sec. 307. Grants to institutions.

Sec. 308. Allotments to institutions.

Sec. 309. Professional or graduate institutions.

Sec. 310. Authority of the Secretary.

Sec. 311. Authorization of appropriations.

Sec. 312. Technical corrections.

TITLE IV—Student Assistance

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

Sec. 401. Federal Pell Grants.

Sec. 402. Academic competitiveness grants.

Sec. 403. Federal Trio Programs.

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

Sec. 405. Academic achievement incentive scholarships.

Sec. 406. Federal supplemental educational opportunity grants.

Sec. 407. Leveraging Educational Assistance Partnership program.

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

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

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

Sec. 411. Learning anytime anywhere partnerships.

PART B—Federal family education loan program

Sec. 421. Federal payments to reduce student interest costs.

Sec. 422. Federal Consolidation Loans.

Sec. 423. Default reduction program.

Sec. 424. Reports to consumer reporting agencies and institutions of higher education.

Sec. 425. Common forms and formats.

Sec. 426. Student loan information by eligible lenders.

Sec. 427. Consumer education information.

Sec. 428. Definition of eligible lender.

Sec. 429. Discharge and cancellation rights in cases of disability.

PART C—Federal work-study programs

Sec. 441. Authorization of appropriations.

Sec. 442. Allowance for books and supplies.

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

Sec. 444. Job location and development programs.

Sec. 445. Work colleges.

PART D—Federal Perkins Loans

Sec. 451. Program authority.

Sec. 451A. Allowance for books and supplies.

Sec. 451B. Perkins loan forbearance.

Sec. 452. Cancellation of loans for certain public service.

PART E—Need analysis

Sec. 461. Cost of attendance.

Sec. 462. Definitions.

PART F—General provisions relating to student assistance

Sec. 471. Definitions.

Sec. 472. Compliance calendar.

Sec. 473. Forms and regulations.

Sec. 474. Student eligibility.

Sec. 475. Statute of limitations and State court judgments.

Sec. 476. Institutional refunds.

Sec. 477. Institutional and financial assistance information for students.

Sec. 478. Entrance counseling required.

Sec. 479. National Student Loan Data System.

Sec. 480. Early awareness of financial aid eligibility.

Sec. 481. Program participation agreements.

Sec. 482. Regulatory relief and improvement.

Sec. 483. Transfer of allotments.

Sec. 484. Purpose of administrative payments.

Sec. 485. Advisory Committee on student financial assistance.

Sec. 486. Regional meetings.

Sec. 487. Year 2000 requirements at the Department.

PART G—Program integrity

Sec. 491. Recognition of accrediting agency or association.

Sec. 492. Administrative capacity standard.

Sec. 493. Program review and data.

Sec. 494. Timely information about loans.

Sec. 495. Auction evaluation and report.

TITLE V—Developing Institutions

Sec. 501. Authorized activities.

Sec. 502. Postbaccalaureate opportunities for Hispanic Americans.

Sec. 503. Applications.

Sec. 504. Cooperative arrangements.

Sec. 505. Authorization of appropriations.

TITLE VI—International education programs

Sec. 601. Findings.

Sec. 602. Graduate and undergraduate language and area centers and programs.

Sec. 603. Undergraduate international studies and foreign language programs.

Sec. 604. Research; studies.

Sec. 605. Technological innovation and cooperation for foreign information access.

Sec. 606. Selection of certain grant recipients.

Sec. 607. American overseas research centers.

Sec. 608. Authorization of appropriations for international and foreign language studies.

Sec. 609. Centers for international business education.

Sec. 610. Education and training programs.

Sec. 611. Authorization of appropriations for business and international education programs.

Sec. 612. Minority foreign service professional development program.

Sec. 613. Institutional development.

Sec. 614. Study abroad program.

Sec. 615. Advanced degree in international relations.

Sec. 616. Internships.

Sec. 617. Financial assistance.

Sec. 618. Report.

Sec. 619. Gifts and donations.

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

Sec. 621. Definitions.

Sec. 622. Assessment and enforcement.

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Sec. 701. Purpose.

Sec. 702. Allocation of Jacob K. Javits Fellowships.

Sec. 703. Stipends.

Sec. 704. Authorization of appropriations for the Jacob K. Javits Fellowship Program.

Sec. 705. Institutional eligibility under the Graduate Assistance in Areas of National Need Program.

Sec. 706. Awards to graduate students.

Sec. 707. Additional assistance for cost of education.

Sec. 708. Authorization of appropriations for the Graduate Assistance in Areas of National Need Program.

Sec. 709. Legal educational opportunity program.

Sec. 710. Fund for the improvement of postsecondary education.

Sec. 711. Special projects.

Sec. 712. Authorization of appropriations for the fund for the improvement of postsecondary education.

Sec. 713. Repeal of the urban community service program.

Sec. 714. Grants for students with disabilities.

Sec. 715. Applications for demonstration projects to ensure students with disabilities receive a quality higher education.

Sec. 716. Authorization of appropriations for demonstration projects to ensure students with disabilities receive a quality higher education.

Sec. 717. Research grants.

TITLE VIII—Miscellaneous

Sec. 801. Miscellaneous.

Sec. 802. Additional programs.

Sec. 803. Student loan clearinghouse.

Sec. 804. Minority serving institutions for advanced technology and education.

TITLE IX—AMENDMENTS TO OTHER LAWS

PART A—EDUCATION OF THE DEAF ACT OF 1986

Sec. 901. Laurent Clerc National Deaf Education Center.

Sec. 902. Agreement with Gallaudet University.

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

Sec. 904. Cultural experiences grants.

Sec. 905. Audit.

Sec. 906. Reports.

Sec. 907. Monitoring, evaluation, and reporting.

Sec. 908. Liaison for educational programs.

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

Sec. 910. Oversight and effect of agreements.

Sec. 911. International students.

Sec. 912. Research priorities.

Sec. 913. Authorization of appropriations.

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act.

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998

Sec. 931. Repeals.

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

Sec. 933. Underground railroad educational and cultural program.

Sec. 934. Olympic scholarships under the Higher Education Amendments of 1992.

PART D—INDIAN EDUCATION

SUBPART 1—Tribal Colleges and Universities

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

SUBPART 2—Navajo Higher Education

Sec. 945. Short title.

Sec. 946. Reauthorization of Navajo Community College Act.

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

Sec. 951. Short title.

Sec. 952. Loan repayment for prosecutors and defenders.

2.

References

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

3.

General effective date

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

I

GENERAL PROVISIONS

101.

Additional definitions

(a)

Amendment

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

(1)

by redesignating paragraphs (9) through (16) as paragraphs (13) through (20); respectively;

(2)

by redesignating paragraphs (4) through (8) as paragraphs (7) through (11), respectively;

(3)

by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively;

(4)

by inserting before paragraph (2) (as redesignated by paragraph (2)) the following:

(1)

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.

;

(5)

by inserting after paragraph (2) (as redesignated by paragraph (3)) the following:

(3)

Critical foreign language

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.

;

(6)

by inserting after paragraph (5) (as redesignated by paragraph (3)) the following:

(6)

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).

; and

(7)

by inserting after paragraph (11) (as redesignated by paragraph (2)) the following:

(12)

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.

.

(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.

102.

General definition of institution of higher education

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 the 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.

.

103.

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

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

(1)

by striking subclause (II) of subsection (a)(2)(A)(i) and inserting the following:

(II)

the institution has or had a clinical training program that was approved by a State as of January 1, 1992, and has continuously operated a clinical training program in not less than 1 State that is approved by such State;

;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

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

(ii)

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

(iii)

by striking subparagraph (F); and

(B)

by striking paragraph (2) and inserting the following:

(2)

Additional institutions

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

; and

(3)

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 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.

.

104.

Protection of student speech and association rights

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

(1)

in subsection (a)—

(A)

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

(B)

by adding at the end the following:

(2)

It is the sense of Congress that—

(A)

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

(B)

individual colleges and universities have different missions and each institution should design its academic program in accordance with its educational goals;

(C)

a college should facilitate the free and open exchange of ideas;

(D)

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

(E)

students should be treated equally and fairly; and

(F)

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

; and

(2)

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

105.

Accreditation and Institutional Quality and Integrity Advisory Committee

(a)

In general

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

114.

Accreditation and institutional quality and integrity committee

(a)

Establishment

There is established in the Department an Accreditation and Institutional Quality and Integrity Advisory Committee (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 15 members, of which—

(A)

5 members shall be appointed by the Secretary;

(B)

5 members shall be appointed by the Speaker of the House of Representatives upon the recommendation of the majority leader and minority leader of the House of Representatives; and

(C)

5 members shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader and minority leader of the Senate.

(2)

Qualifications

Individuals shall be appointed as members of the Committee on—

(A)

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, representatives of 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

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 occurred. 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)

2 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; and

(6)

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

(d)

Meeting procedures

(1)

Schedule

(A)

Biannual meetings

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

(B)

Publication of Date

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

(2)

Agenda

(A)

Establishment

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

(B)

Opportunity for public comment

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

(3)

Secretary’s designee

(A)

Attendance at meeting

The Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.

(B)

Role of designee

The Secretary’s designee may be present at a Committee meeting to facilitate the exchange and free flow of information between the Secretary and the Committee. The designee shall have no authority over the agenda of the meeting, the items on that agenda, or on the resolution of any agenda item.

(4)

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)

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.

(f)

Termination

The Committee shall terminate on September 30, 2012.

.

(b)

Termination of NACIQI

The National Advisory Committee on Institutional Quality and Integrity, established under section 114 of the Higher Education Act of 1965 (as such section was in effect the day before the date of enactment of this Act) shall terminate 30 days after such date.

106.

Drug and alcohol abuse prevention

Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amended—

(1)

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

(2)

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

(3)

by inserting after subparagraph (A) (as amended by paragraph (1)) 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

.

107.

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 2008 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 2008 and for each succeeding fiscal year.

108.

Transparency in college tuition for consumers

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

132.

Transparency in college tuition for consumers

(a)

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, 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 Higher Education Amendments of 2007, the Commission of 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.

(2)

Development

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

(A)

4-year public degree-granting institutions of higher education.

(B)

4-year private degree-granting institutions of higher education.

(C)

2-year public degree-granting institutions of higher education.

(D)

2-year private degree-granting institutions of higher education.

(E)

Less than 2-year institutions of higher education.

(F)

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

(3)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection such sums as may be necessary.

(c)

Reporting

(1)

In general

The Secretary shall annually report, in a national list and in a list for each State, a ranking of institutions of higher education according to such institutions' change in tuition and fees over the preceding 2 years. The purpose of such lists is to provide consumers with general information on pricing trends among institutions of higher education nationally and in each State.

(2)

Compilation

(A)

In general

The lists described in paragraph (1) shall be compiled according to the following categories:

(i)

4-year public institutions of higher education.

(ii)

4-year private, nonprofit institutions of higher education.

(iii)

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

(iv)

2-year public institutions of higher education.

(v)

2-year private, nonprofit institutions of higher education.

(vi)

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

(vii)

Less than 2-year public institutions of higher education.

(viii)

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

(ix)

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

(B)

Percentage and dollar change

The lists described in paragraph (1) shall include 2 lists for each of the categories under subparagraph (A) as follows:

(i)

1 list in which data is compiled by percentage change in tuition and fees over the preceding 2 years.

(ii)

1 list in which data is compiled by dollar change in tuition and fees over the preceding 2 years.

(3)

Higher education price increase watch lists

Upon completion of the development of the higher education price indices described in paragraph (1), the Secretary shall annually report, in a national list, and in a list for each State, a ranking of 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)

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

(D)

be compiled by the Secretary in a public document to be widely published and disseminated in paper form and through the website of the Department.

(4)

State higher education appropriations chart

The Secretary shall annually report, 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 a public institution of higher education in the State.

(5)

Sharing of information

The Secretary shall share the information under paragraphs (1) through (4) with the public, including with private sector college guidebook publishers.

(d)

Net price calculator

(1)

Development

Not later than 1 year after the date of enactment of the Higher Education Amendments 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 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.

(3)

Use of net price calculator by institutions

Not later than 3 years after the date of enactment of the Higher Education Amendments 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.

(4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection such sums as may be necessary.

(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 information website

(1)

In general

(A)

In general

Not later than 90 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall contract with an independent organization with demonstrated experience in the development of consumer-friendly websites to develop improvements to the website known as the College Opportunities On-Line (COOL) so that it better meets the needs of students, families, and consumers for accurate and appropriate information on institutions of higher education.

(B)

Implementations

Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall implement the improvements developed by the independent organization described under subparagraph (A) to the college information website.

(2)

University and college accountability network

Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall develop a model document for annually reporting basic information about an institution of higher education that chooses to participate, to be posted on the college information website 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 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)

The 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 at the institution.

(N)

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

(O)

The percentage change in total price in tuition and fees and the net price for an undergraduate at the institution in each of the preceding 5 academic years.

(P)

The 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)

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

(R)

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

(S)

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

(T)

The 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)

The average net price for all undergraduate students enrolled at the institution.

(V)

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

(W)

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

(X)

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

(Y)

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.

(Z)

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.

(3)

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 paragraphs (1) and (2).

(4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection such sums as may be necessary.

(g)

GAO report

The Comptroller General of the United States shall—

(1)

conduct a study on the time and cost burdens to institutions of higher education associated with completing the Integrated Postsecondary Education Data System (IPEDS), which study shall—

(A)

report on the time and cost burden of completing the IPEDS survey for 4-year, 2-year, and less than 2-year institutions of higher education; and

(B)

present recommendations for reducing such burden;

(2)

not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, submit to Congress a preliminary report regarding the findings of the study described in paragraph (1); and

(3)

not later than 2 years after the date of enactment of the Higher Education Amendments of 2007, submit to Congress a final report regarding such findings.

.

109.

Databases of student information prohibited

Part C of title I (20 U.S.C. 1015), as amended by section 108, is further amended by adding at the end the following:

133.

Database of student information prohibited

(a)

Prohibition

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

(b)

Exception

The provisions of subsection (a) shall not apply to a system (or a successor system) that is necessary for the operation of programs authorized by title II, IV, or VII that were in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the Higher Education Amendments 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.

.

110.

Clear and easy-to-find information on student financial aid

Part C of title I (as amended by sections 108 and 109) is further amended by adding at the end the following:

134.

Clear and easy-to-find information on student financial aid

(a)

Prominent display

The Secretary shall ensure that a link to current student financial aid information is displayed prominently on the home page of the Department website.

(b)

Enhanced student financial aid information

(1)

In general

Not later than 180 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall contract with an independent organization with demonstrated expertise in the development of consumer-friendly websites to develop improvements to the usefulness and accessibility of the information provided by the Department on college financial planning and student financial aid.

(2)

Implementation

Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall implement the improvements developed by the independent organization described under paragraph (1) to the college financial planning and student financial aid website of the Department.

(3)

Dissemination

The Secretary shall make the availability of the information on the website widely known through a major media campaign and other forms of communication.

.

110A.

State higher education information system pilot program

Part C of title I of the Higher Education Act of 1965 (as amended by this title) is further amended by adding at the end the following:

135.

State higher education information system pilot program

(a)

Purpose

It is the purpose of this section to carry out a pilot program to assist not more than 5 States to develop State-level postsecondary student data systems to—

(1)

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

(2)

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

(b)

Definition of eligible entity

In this section, the term eligible entity means—

(1)

a State higher education system; or

(2)

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

(c)

Competitive grants

(1)

Grants authorized

The Secretary shall award grants, on a competitive basis, to not more than 5 eligible entities to enable the eligible entities to—

(A)

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

(B)

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

(2)

Duration

A grant awarded under this section shall be for a period of not more than 3 years.

(d)

Application requirements

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

(1)

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

(2)

how the activities funded by the grant will be supported after the 3-year grant period.

(e)

Use of funds

A grant awarded under this section shall be used to—

(1)

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

(2)

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

(3)

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

(A)

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

(B)

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

(C)

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

(4)

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

(5)

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

(f)

Evaluation; reports

Not later than 6 months after the end of the projects funded by grants awarded under this section, the Secretary shall—

(1)

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

(2)

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

(g)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

.

111.

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

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

(1)

in subsection (a)—

(A)

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

(B)

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

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

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

(ii)

by striking subparagraph (C) and inserting the following:

(C)

assist the Chief Operating Officer in identifying goals for—

(i)

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

(ii)

the updating of such systems to current technology.

; and

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking administration of the information and financial systems that support and inserting the administration of Federal;

(ii)

in subparagraph (A)—

(I)

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

(II)

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

(i)

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

(ii)

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

;

(III)

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

(IV)

in clause (iv)—

(aa)

by inserting the after supporting; and

(bb)

by striking and after the semicolon;

(V)

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

(VI)

by adding at the end the following:

(vi)

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

; and

(iii)

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

(3)

in subsection (c)—

(A)

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

(B)

in paragraph (1)(C)—

(i)

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

(ii)

in clause (iv)—

(I)

by striking Developing an and inserting Developing; and

(II)

by striking delivery and information system and inserting systems;

(C)

in paragraph (2)—

(i)

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

(ii)

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

(D)

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

(E)

by adding at the end the following:

(4)

Briefing on enforcement of student loan provisions

The Chief Operating Officer shall provide an annual briefing to the members of the authorizing committees on the steps the PBO has taken and is taking to ensure that lenders are providing the information required under clauses (iii) and (iv) of section 428(c)(3)(C) and sections 428(b)(1)(Z) and 428C(b)(1)(F).

;

(4)

in subsection (d)—

(A)

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

(B)

in paragraph (5)—

(i)

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

(ii)

in subparagraph (C), by striking this;

(5)

in subsection (f)—

(A)

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

(B)

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

(6)

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

(7)

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

(8)

by striking subsection (i);

(9)

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

(10)

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

112.

Procurement flexibility

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

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

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

(ii)

by striking and after the semicolon;

(B)

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

(C)

by adding at the end the following:

(3)

through the Chief Operating Officer—

(A)

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

(B)

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

;

(2)

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

(2)

Fee for service arrangements

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

;

(3)

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

(4)

in subsection (g)—

(A)

in paragraph (4)(A)—

(i)

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

(ii)

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

(B)

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

(5)

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

(6)

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

(3)

Single-source basis

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

.

113.

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)

Cost of attendance

The term cost of attendance has the meaning given the term in section 472.

(2)

Covered institution

The term covered institution

(A)

means any educational institution that offers a postsecondary educational degree, certificate, or program of study (including any institution of higher education, as such term is defined in section 102) and receives any Federal funding or assistance; and

(B)

includes any employee or agent of the educational institution or any organization or entity affiliated with, or directly or indirectly controlled by, such institution.

(3)

Educational loan

The term educational loan means any loan made, insured, or guaranteed under title IV.

(4)

Educational loan arrangement

The term educational loan arrangement means an arrangement or agreement between a lender and a covered institution—

(A)

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

(B)

which arrangement or agreement—

(i)

relates to the covered institution recommending, promoting, endorsing, or using educational loans of the lender; and

(ii)

involves the payment of any fee or provision of other material benefit by the lender to the institution or to groups of students who attend the institution.

(5)

Lender

The term lender

(A)

means—

(i)

any lender—

(I)

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

(II)

that is a financial institution, as such term is defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809); and

(ii)

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

(B)

includes any individual, group, or entity acting on behalf of the lender in connection with an educational loan.

(6)

Officer

The term officer includes a director or trustee of an institution.

152.

Requirements for lenders and institutions participating in educational loan arrangements

(a)

Use of lender name

A covered institution that enters into an educational loan arrangement shall disclose the name of the lender in documentation related to the loan.

(b)

Disclosures

(1)

Disclosures by lenders

Before a lender issues or otherwise provides an educational loan to a student, the lender shall provide the student, in writing, with the disclosures described in paragraph (2).

(2)

Disclosures

The disclosures required by this paragraph shall include a clear and prominent statement—

(A)

of the interest rates of the educational loan being offered;

(B)

showing sample educational loan costs, disaggregated by type;

(C)

that describes, with respect to each type of educational loan being offered—

(i)

the types of repayment plans that are available;

(ii)

whether, and under what conditions, early repayment may be made without penalty;

(iii)

when and how often interest on the loan will be capitalized;

(iv)

the terms and conditions of deferments or forbearance;

(v)

all available repayment benefits, the percentage of all borrowers who qualify for such benefits, and the percentage of borrowers who received such benefits in the preceding academic year, for each type of loan being offered;

(vi)

the collection practices in the case of default; and

(vii)

all fees that the borrower may be charged, including late payment penalties and associated fees; and

(D)

of such other information as the Secretary may require in regulations.

(c)

Disclosures to the secretary by lender

(1)

In general

Each lender shall, on an annual basis, report to the Secretary any reasonable expenses paid or given under section 435(d)(5)(D), 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any employee who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution. Such reports shall include—

(A)

the amount of each specific instance in which the lender provided such reimbursement;

(B)

the name of the financial aid official or other employee to whom the reimbursement was made;

(C)

the dates of the activity for which the reimbursement was made; and

(D)

a brief description of the activity for which the reimbursement was made.

(2)

Report to Congress

The Secretary shall compile the information in paragraph (1) in a report and transmit such report to the authorizing committees annually.

153.

Interest rate report for institutions and lenders participating in educational loan arrangements

(a)

Secretary duties

(1)

Report and model format

Not later than 180 days after the date of enactment of the Higher Education Amendments 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)

include in the report a model format, based on the report's findings, to be used by lenders and covered institutions in carrying out subsections (b) and (c)—

(i)

that 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 loans provided to such students or parents by the lender, including—

(I)

the interest rate and terms and conditions of the loans offered by the lender for the upcoming academic year;

(II)

with respect to such loans, any benefits that are contingent on the repayment behavior of the borrower;

(III)

the average amount borrowed from the lender by students enrolled in the institution who obtain loans of such type from the lender for the preceding academic year;

(IV)

the average interest rate on such loans provided to such students for the preceding academic year; and

(V)

the amount that the borrower may repay in interest, based on the standard repayment period of a loan, on the average amount borrowed from the lender by students enrolled in the institution who obtain loans of such type from the lender for the preceding academic year; and

(ii)

which format shall be easily usable by lenders, institutions, guaranty agencies, loan servicers, parents, and students; and

(C)
(i)

submit the report and model format to the authorizing committees; and

(ii)

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

(2)

Use of form

The Secretary shall take such steps as necessary to make the model format available to covered institutions and to encourage—

(A)

lenders subject to subsection (b) to use the model format in providing the information required under subsection (b); and

(B)

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

(b)

Lender duties

Each lender that has an educational loan arrangement with a covered institution shall annually, by a date determined by the Secretary, provide to the covered institution and to the Secretary the information included on the model format for each type of educational loan provided by the lender to students attending the covered institution, or the parents of such students, for the preceding academic year.

(c)

Covered institution duties

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 an educational loan 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 format 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.

.

114.

Employment of postsecondary education graduates

(a)

Study, assessments, and recommendations

The Comptroller General of the United States shall—

(1)

conduct a study of—

(A)

the information that States currently have on the employment of students who have completed postsecondary education programs;

(B)

the feasibility of collecting information on students who complete all types of postsecondary education programs (including 2- and 4-year degree, certificate, and professional and graduate programs) at all types of institutions (including public, private nonprofit, and for–profit schools), regarding—

(i)

employment, including—

(I)

the type of job obtained not later than 6 months after the completion of the degree, certificate, or program;

(II)

whether such job was related to the course of study;

(III)

the starting salary for such job; and

(IV)

the student's satisfaction with the student's preparation for such job and guidance provided with respect to securing the job; and

(ii)

for recipients of Federal student aid, the type of assistance received, so that the information can be used to evaluate various education programs;

(C)

the evaluation systems used by other industries to identify successful programs and challenges, set priorities, monitor performance, and make improvements;

(D)

the best means of collecting information from or regarding recent postsecondary graduates, including—

(i)

whether a national website would be the most effective way to collect information;

(ii)

whether postsecondary graduates could be encouraged to submit voluntary information by allowing a graduate to access aggregated information about other graduates (such as graduates from the graduate's school, with the graduate's degree, or in the graduate's area) if the graduate completes an online questionnaire;

(iii)

whether employers could be encouraged to submit information by allowing an employer to access aggregated information about graduates (such as institutions of higher education attended, degrees, or starting pay) if the employer completes an online questionnaire to evaluate the employer's satisfaction with the graduates the employer hires; and

(iv)

whether postsecondary institutions that receive Federal funds or whose students have received Federal student financial aid could be required to submit aggregated information about the graduates of the institutions; and

(E)

the best means of displaying employment information; and

(2)

provide assessments and recommendations regarding—

(A)

whether successful State cooperative relationships between higher education system offices and State agencies responsible for employment statistics can be encouraged and replicated in other States;

(B)

whether there is value in collecting additional information from or about the employment experience of individuals who have recently completed a postsecondary educational program;

(C)

what are the most promising ways of obtaining and displaying or disseminating such information;

(D)

if a website is used for such information, whether the website should be run by a governmental agency or contracted out to an independent education or employment organization;

(E)

whether a voluntary information system would work, both from the graduates’ and employers’ perspectives;

(F)

the value of such information to future students, institutions, accrediting agencies or associations, policymakers, and employers, including how the information would be used and the practical applications of the information;

(G)

whether the request for such information is duplicative of information that is already being collected; and

(H)

whether the National Postsecondary Student Aid Survey conducted by the National Center for Education Statistics could be amended to collect such information.

(b)

Reports

(1)

Preliminary report

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a preliminary report regarding the study, assessments, and recommendations described in subsection (a).

(2)

Final report

Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a final report regarding such study, assessments, and recommendations.

115.

Foreign medical schools

(a)

Percentage pass rate

(1)

In general

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

(2)

Effective date

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

(b)

Study

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall—

(A)

complete a study that shall examine American students receiving Federal financial aid to attend graduate medical schools located outside of the United States; and

(B)

submit to Congress a report setting forth the conclusions of the study.

(2)

Contents

The study conducted under this subsection shall include the following:

(A)

The amount of Federal student financial aid dollars that are being spent on graduate medical schools located outside of the United States every year, and the percentage of overall student aid such amount represents.

(B)

The percentage of students of such medical schools who pass the examinations administered by the Educational Commission for Foreign Medical Graduates the first time.

(C)

The percentage of students of such medical schools who pass the examinations administered by the Educational Commission for Foreign Medical Graduates after taking such examinations multiple times, disaggregated by how many times the students had to take the examinations to pass.

(D)

The percentage of recent graduates of such medical schools practicing medicine in the United States, and a description of where the students are practicing and what types of medicine the students are practicing.

(E)

The rate of graduates of such medical schools who lose malpractice lawsuits or have the graduates' medical licenses revoked, as compared to graduates of graduate medical schools located in the United States.

(F)

Recommendations regarding the percentage passing rate of the examinations administered by the Educational Commission for Foreign Medical Graduates that the United States should require of graduate medical schools located outside of the United States for Federal financial aid purposes.

116.

Demonstration and certification regarding the use of certain Federal funds

(a)

Prohibition

No Federal funds received by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).

(b)

Applicability

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

(1)

The awarding of any Federal contract.

(2)

The making of any Federal grant.

(3)

The making of any Federal loan.

(4)

The entering into of any Federal cooperative agreement.

(5)

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

(c)

Lobbying and earmarks

No Federal student aid funding may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.

(d)

Demonstration and certification

Each institution of higher education or other postsecondary educational institution receiving Federal funding, as a condition for receiving such funding, shall annually demonstrate and certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.

(e)

Actions to implement and enforce

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

II

TEACHER QUALITY ENHANCEMENT

201.

Teacher quality partnership grants

Part A of title II (20 U.S.C. 1021 et seq.) is amended to read as follows:

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 institutions of higher education accountable for preparing highly qualified teachers; and

(4)

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

(b)

Definitions

In this part:

(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)

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; 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.

(8)

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.

(9)

Exemplary teacher

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

(10)

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.

(11)

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 whose schools are designated with a school locale code of 6, 7, or 8, 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.

(12)

High-need school

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 6, 7, or 8, as determined by the Secretary.

(13)

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.

(14)

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.

(15)

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 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 on 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)

Regular evaluation of the new teacher.

(16)

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.

(17)

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 high academic standards and participate in intensive clinical experience;

(ii)

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

(iii)

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

(18)

Principles of scientific research

The term principles of scientific research means research that—

(A)

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

(B)

presents findings and makes claims that are appropriate to and supported by the methods that have been employed; and

(C)

includes, appropriate to the research being conducted—

(i)

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

(ii)

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

(iii)

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

(iv)

claims of causal relationships only in research designs that substantially eliminate plausible competing explanations for the obtained results, which may include but shall not be limited to random-assignment experiments;

(v)

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

(vi)

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

(vii)

use of research designs and methods appropriate to the research question posed.

(19)

Professional development

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

(20)

Scientifically valid research

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

(21)

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;

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

(E)

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

(F)

includes—

(i)

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

(ii)

joint professional development opportunities.

(22)

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, on 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;

(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- and developmentally-appropriate strategies and practices for children in early education programs.

(23)

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 courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed;

(C)

acquires effective teaching skills; and

(D)

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

202.

Partnership grants

(a)

Program authorized

From amounts made available under section 208, 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 the extent to which the program will prepare prospective and new teachers to understand research and data and the applicability of research and data 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 related sources;

(B)

the intended use of the grant funds;

(C)

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

(6)

a description of—

(A)

how the 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)

the 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 faculty at the partner institution will work with, during the term of the grant, 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;

(F)

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

(G)

the in-service professional development strategies and activities to be supported; and

(H)

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 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;

(B)

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

(C)

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; and

(D)

a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary 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 part shall use grant funds to carry out a program for the pre-baccalaureate preparation of teachers under subsection (d), a teaching residency program under subsection (e), or both 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, and teachers of students who are limited English proficient who may teach multiple subjects);

(II)

such teachers and, as applicable, early childhood educators, to understand empirically based practice and scientifically valid research on teaching and learning and its applicability, and to use technology effectively, including the use of instructional techniques 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 the 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; and

(V)

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;

(iv)

developing and implementing an induction program; and

(v)

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

(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.

(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 (2), 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 to ensure that the eligible partnership is able to recruit qualified individuals to become highly qualified teachers through the activities of the eligible partnership.

(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 preservice 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 paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs:

(i)

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

(ii)

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

(iii)

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

(I)

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

(II)

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

(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.

(B)

Selection of individuals as teacher residents

(i)

Eligible individual

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

(I)

be a recent graduate of a 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 subparagraph 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)

Allowable use of grant funds

An eligible partnership that receives a grant under this part may use grant funds provided to carry out the activities described in subsections (d) and (e) to partner with a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)), for the purpose of improving the quality of pre-baccalaureate teacher preparation programs. The partnership may use such funds to enhance the quality of pre-service training for prospective teachers, including through the use of digital educational content and related services.

(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 under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section.

203.

Administrative provisions

(a)

Duration; Number of Awards; Payments

(1)

Duration

A grant awarded under this part shall be awarded for a period of 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 applications from broad-based eligible partnerships that involve businesses and community organizations; and

(B)

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 under represented groups;

(C)

the percentage of such teachers who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);

(D)

the percentage of 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; and

(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.

(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 under this part 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 Secretary’s findings regarding the 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 coursework 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 completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State;

(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 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 207(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 decisionmaking for the purpose of increasing student academic achievement.

(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 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 in order 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 coursework 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 completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State.

(E)

A description of alternative routes to State 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 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 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 decisionmaking for the purpose of increasing student academic achievement.

(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)

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 (J) 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.

(d)

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.

205A.

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 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 coursework in core academic subjects and receive training in providing instruction in core academic subjects;

(3)

regular 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.

206.

State functions

(a)

State Assessment

In order to receive funds under this Act, a State shall have in place a procedure 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 levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part. Such assessment shall be described in the report under section 205(b).

(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.

207.

General provisions

(a)

Methods

In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not 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, and 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.

208.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

.

202.

General provisions

Title II (20 U.S.C. 1021 et seq.) is amended by adding at the end the following:

C

General provisions

231.

Limitations

(a)

Federal control prohibited

Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title.

(b)

No change in state control encouraged or required

Nothing in this title shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law.

(c)

National system of teacher certification or licensure prohibited

Nothing in this title shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure.

.

III

INSTITUTIONAL AID

301.

Program purpose

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

(1)

in subsection (b)—

(A)

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

(B)

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

(2)

in subsection (c)—

(A)

in paragraph (6), by inserting , including innovative, customized, remedial education and English language 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.

Definitions; eligibility

Section 312 (20 U.S.C. 1058) is amended—

(1)

in subsection (b)(1)(A), by striking subsection (c) of this section and inserting subsection (d); and

(2)

in subsection (d)(2), by striking subdivision and inserting paragraph.

303.

American Indian tribally controlled colleges and universities

Section 316 (20 U.S.C. 1059c) is amended—

(1)

by striking subsection (b)(3) and inserting the following:

(3)

Tribal college or university

The term Tribal College or University means an institution that—

(A)

qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a note); or

(B)

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

;

(2)

in subsection (c)(2)—

(A)

in subparagraph (B), by inserting before the semicolon at the end the following: and the acquisition of real property adjacent to the campus of the institution;

(B)

by redesignating subparagraphs (G), (H), (I), (J), (K), and (L) as subparagraphs (H), (I), (J), (K), (L), and (N), respectively;

(C)

by inserting after subparagraph (F) the following:

(G)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students' parents;

;

(D)

in subparagraph (L) (as redesignated by subparagraph (B)), by striking and after the semicolon;

(E)

by inserting after subparagraph (L) (as redesignated by subparagraph (B)) the following:

(M)

developing or improving facilities for Internet use or other distance education technologies; and

; and

(F)

in subparagraph (N) (as redesignated by subparagraph (B)), by striking subparagraphs (A) through (K) and inserting subparagraphs (A) through (M); and

(3)

by striking subsection (d) and inserting the following:

(d)

Application, Plan, and Allocation

(1)

Institutional eligibility

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

(2)

Application

(A)

In general

A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may reasonably require.

(B)

Streamlined process

The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants.

(3)

Allocations to institutions

(A)

Construction grants

(i)

In general

Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding 1-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.

(ii)

Preference

In providing grants under clause (i), the Secretary shall give preference to eligible institutions that have not yet received an award under this section.

(B)

Allotment of remaining funds

(i)

In general

Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:

(I)

60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and Universities; and

(II)

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

(ii)

Minimum grant

The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.

(4)

Special rules

(A)

Concurrent funding

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.

.

304.

Alaska Native and Native Hawaiian-serving institutions

Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended—

(1)

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

(2)

in subparagraph (H), by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(I)

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

.

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 at the end the following:

318.

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.

.

(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.

.

306.

Part B definitions

Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting , in consultation with the Commissioner for Education Statistics before and the Commissioner.

307.

Grants to institutions

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

(1)

in the matter preceding paragraph (1), by striking 360(a)(2) and inserting 399(a)(2);

(2)

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

(3)

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.

.

308.

Allotments to institutions

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

(h)

Special Rule on Eligibility

Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this section unless the part B institution provides, on an annual basis, data indicating that the part B institution—

(1)

enrolled Federal Pell Grant recipients in the preceding academic year;

(2)

in the preceding academic year, has graduated students from a program of academic study that is licensed or accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of title IV where appropriate; and

(3)

where appropriate, has graduated students who, within the past 5 years, enrolled in graduate or professional school.

.

309.

Professional or graduate institutions

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

(1)

in subsection (c)—

(A)

in paragraph (2), by inserting , and for the acquisition and development of real property that is adjacent to the campus for such construction, maintenance, renovation, or improvement after services;

(B)

by redesignating paragraphs (5) through (7) as paragraphs (7) through (9), respectively;

(C)

by inserting after paragraph (4) the following:

(5)

tutoring, counseling, and student service programs designed to improve academic success;

(6)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents;

;

(D)

in paragraph (7) (as redesignated by subparagraph (B)), by striking establish or improve and inserting establishing or improving;

(E)

in paragraph (8) (as redesignated by subparagraph (B))—

(i)

by striking assist and inserting assisting; and

(ii)

by striking and after the semicolon;

(F)

in paragraph (9) (as redesignated by subparagraph (B)), by striking the period and inserting ; and; and

(G)

by adding at the end the following:

(10)

other activities proposed in the application submitted under subsection (d) that—

(A)

contribute to carrying out the purposes of this part; and

(B)

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

;

(2)

in subsection (e)—

(A)

in paragraph (1)—

(i)

by inserting a colon after the following;

(ii)

in subparagraph (Q), by striking and at the end;

(iii)

in subparagraph (R), by striking the period and inserting a semicolon; and

(iv)

by adding at the end the following:

(S)

Alabama State University qualified graduate program;

(T)

Coppin State University qualified graduate program;

(U)

Prairie View A & M University qualified graduate program;

(V)

Fayetteville State University qualified graduate program;

(W)

Delaware State University qualified graduate program;

(X)

Langston University qualified graduate program;

(Y)

West Virginia State University qualified graduate program;

(Z)

Kentucky State University qualified graduate program; and

(AA)

Grambling State University qualified graduate program.

;

(B)

in paragraph (2)(A)—

(i)

by inserting in law or after instruction; and

(ii)

by striking mathematics, or and inserting mathematics, psychometrics, or;

(C)

in paragraph (3)—

(i)

by striking 1998 and inserting 2007; and

(ii)

by striking (Q) and (R) and inserting (S), (T), (U), (V), (W), (X), (Y), (Z), and (AA);

(3)

in subsection (f)—

(A)

in paragraph (1), by striking (P) and inserting (R);

(B)

in paragraph (2), by striking (Q) and (R) and inserting (S), (T), (U), (V), (W), (X), (Y), (Z), and (AA); and

(C)

in paragraph (3)—

(i)

in the matter preceding subparagraph (A), by striking (R) and inserting (AA);

(ii)

by striking subparagraphs (A) and (B) and inserting the following:

(A)

The amount of non-Federal funds for the fiscal year for which the determination is made that the institution or program listed in subsection (e)—

(i)

allocates from institutional resources;

(ii)

secures from non-Federal sources, including amounts appropriated by the State and amounts from the private sector; and

(iii)

will utilize to match Federal funds awarded for the fiscal year for which the determination is made under this section to the institution or program.

(B)

The number of students enrolled in the qualified graduate programs of the eligible institution or program, for which the institution or program received and allocated funding under this section in the preceding year.

;

(iii)

in subparagraph (C), by striking (or the equivalent) enrolled in the eligible professional or graduate school and all that follows through the period and inserting enrolled in the qualified programs or institutions listed in paragraph (1).;

(iv)

in subparagraph (D)—

(I)

by striking students and inserting Black American students or minority students; and

(II)

by striking institution and inserting institution or program; and

(v)

by striking subparagraph (E) and inserting the following:

(E)

The percentage that the total number of Black American students and minority students who receive their first professional, master’s, or doctoral degrees from the institution or program in the academic year preceding the academic year for which the determination is made, represents of the total number of Black American students and minority students in the United States who receive their first professional, master’s, or doctoral degrees in the professions or disciplines related to the course of study at such institution or program, respectively, in the preceding academic year.

; and

(4)

in subsection (g), by striking 1998 and inserting 2007.

310.

Authority of the Secretary

Section 345 (20 U.S.C. 1066d) is amended—

(1)

in paragraph (6), by striking and after the semicolon;

(2)

in paragraph (7), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(8)

not later than 90 days after the date of enactment of the Higher Education Amendments of 2007, shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.

.

311.

Authorization of appropriations

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

(a)

Authorizations

(1)

Part A

(A)

There are authorized to be appropriated to carry out part A (other than sections 316, 317, and 318) such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out section 316 such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

(C)

There are authorized to be appropriated to carry out section 317 such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

(D)

There are authorized to be appropriated to carry out section 318 such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

(2)

Part B

(A)

There are authorized to be appropriated to carry out part B (other than section 326) such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

(B)

There are authorized to be appropriated to carry out section 326 such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

(3)

Part C

There are authorized to be appropriated to carry out part C such sums as may be necessary for fiscal year 2008 and each of the 5 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) such sums as may be necessary for fiscal year 2008 and each of the 5 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 2008 and each of the 5 succeeding fiscal years.

(5)

Part E

There are authorized to be appropriated to carry out part E such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

.

312.

Technical corrections

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.

IV

Student Assistance

A

Grants to students in attendance at institutions of higher education

401.

Federal Pell Grants

(a)

Amendments

Section 401 (20 U.S.C. 1070a) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in the first sentence, by striking 2004 and inserting 2013; and

(ii)

in the second sentence, by striking ,, and inserting ,; and

(B)

in paragraph (3), by striking this subpart and inserting this section;

(2)

in subsection (b)—

(A)

by striking paragraph (2)(A) and inserting the following:

(2)
(A)

The amount of the Federal Pell Grant for a student eligible under this part shall be—

(i)

$5,400 for academic year 2008–2009;

(ii)

$5,700 for academic year 2009–2010;

(iii)

$6,000 for academic year 2010–2011; and

(iv)

$6,300 for academic year 2011–2012,

less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.

;

(B)

by striking paragraph (3);

(C)

in paragraph (5), by striking $400, except and all that follows through the period and inserting 10 percent of the maximum basic grant level specified in the appropriate Appropriation Act for such academic year, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to or greater than 5 percent of such level but less than 10 percent of such level shall be awarded a Federal Pell grant in the amount of 10 percent of such level.; and

(D)

by striking paragraph (6) and inserting the following:

(6)

In the case of a student who is enrolled, on at least a half-time basis and for a period of more than 1 academic year in a single award year in a 2-year or 4-year program of instruction for which an institution of higher education awards an associate or baccalaureate degree, the Secretary shall award such student not more than 2 Federal Pell Grants during that award year to permit such student to accelerate the student’s progress toward a degree. In the case of a student receiving more than 1 Federal Pell Grant in a single award year, the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.

; and

(3)

in subsection (c), by adding at the end the following:

(5)

The period of time during which a student may receive Federal Pell Grants shall not exceed 18 semesters, or an equivalent period of time as determined by the Secretary pursuant to regulations, which period shall—

(A)

be determined without regard to whether the student is enrolled on a full-time basis during any portion of the period of time; and

(B)

include any period of time for which the student received a Federal Pell Grant prior to July 1, 2008.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on July 1, 2008.

402.

Academic competitiveness grants

Section 401A (20 U.S.C. 1070a–1) is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

Academic competitiveness grant program authorized

The Secretary shall award grants, in the amounts specified in subsection (d)(1), to eligible students to assist the eligible students in paying their college education expenses.

;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking academic; and

(B)

in paragraph (2), by striking third or fourth academic and inserting third, fourth, or fifth;

(3)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking full-time and all that follows through is made and inserting student who;

(B)

by striking paragraph (1) and inserting the following:

(1)

is eligible for a Federal Pell Grant for the award year in which the determination of eligibility is made for a grant under this section;

;

(C)

by striking paragraph (2) and inserting the following:

(2)

is enrolled or accepted for enrollment in an institution of higher education on not less than a half-time basis; and

; and

(D)

in paragraph (3)—

(i)

by striking subparagraph (A) and inserting the following:

(A)

the first year of a program of undergraduate education at a 2- or 4-year degree-granting institution of higher education (including a program of not less than 1 year for which the institution awards a certificate), has successfully completed, after January 1, 2006, a rigorous secondary school program of study established by a State or local educational agency and recognized as such by the Secretary;

;

(ii)

in subparagraph (B)—

(I)

in the matter preceding clause (i), by striking academic and all that follows through higher education and inserting year of a program of undergraduate education at a 2- or 4-year degree-granting institution of higher education (including a program of not less than 2 years for which the institution awards a certificate); and

(II)

in clause (ii)—

(aa)

by striking academic; and

(bb)

by striking or after the semicolon at the end;

(iii)

in subparagraph (C)—

(I)

by striking academic;

(II)

by striking four and inserting 4;

(III)

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

(II)

a critical foreign language; and

; and

(IV)

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

(iv)

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)

are required, as part of their degree program, to undertake a rigorous course of study in mathematics, biology, chemistry, and physics, which consists of at least—

(aa)

4 years of study in mathematics; and

(bb)

3 years of study in the sciences, with a laboratory component in each of those years; and

(ii)

offered such curriculum prior to February 8, 2006; or

(E)

the fifth year of a program of undergraduate education that requires 5 full years of coursework for which a baccalaureate degree is awarded by a degree-granting institution of higher education, as certified by the appropriate official of such institution—

(i)

is pursuing a major in—

(I)

the physical, life, or computer sciences, mathematics, technology, or engineering (as determined by the Secretary pursuant to regulations); or

(II)

a critical foreign language; and

(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 coursework required for the major described in clause (i).

;

(4)

in subsection (d)—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

by striking The and inserting In general.—The;

(II)

in clause (ii), by striking or after the semicolon at the end;

(III)

in clause (iii), 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; and

(IV)

by adding at the end the following:

(iv)

$4,000 for an eligible student under subsection (c)(3)(E).

; and

(ii)

in subparagraph (B)—

(I)

by striking Notwithstanding and inserting Limitation; ratable reduction.—Notwithstanding;

(II)

by redesignating clauses (i), (ii), and (iii), as clauses (ii), (iii), and (iv), respectively; and

(III)

by inserting before clause (ii), as redesignated under subclause (II), the following:

(i)

in any case in which a student attends an institution of higher education on less than a full-time basis, the amount of the grant that such student may receive shall be reduced in the same manner as a Federal Pell Grant is reduced under section 401(b)(2)(B);

;

(B)

by striking paragraph (2) and inserting the following:

(2)

Limitations

(A)

No grants for previous credit

The Secretary may not award a grant under this section to any student for any year of a program of undergraduate education for which the student received credit before the date of enactment of the Higher Education Reconciliation Act of 2005.

(B)

Number of grants

(i)

First year

In the case of a student described in subsection (c)(3)(A), the Secretary may not award more than 1 grant to such student for such first year of study.

(ii)

Second year

In the case of a student described in subsection (c)(3)(B), the Secretary may not award more than 1 grant to such student for such second year of study.

(iii)

Third and fourth years

In the case of a student described in subparagraph (C) or (D) of subsection (c)(3), the Secretary may not award more than 1 grant to such student for each of the third and fourth years of study.

(iv)

Fifth year

In the case of a student described in subsection (c)(3)(E), the Secretary may not award more than 1 grant to such student for such fifth year of study.

; and

(C)

by adding at the end the following:

(3)

Calculation of grant payments

An institution of higher education shall make payments of a grant awarded under this section in the same manner, using the same payment periods, as such institution makes payments for Federal Pell Grants under section 401.

;

(5)

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

(2)

Availability of funds

Funds made available under paragraph (1) for a fiscal year shall remain available for the succeeding fiscal year.

;

(6)

in subsection (f)—

(A)

by striking at least one and inserting not less than 1; and

(B)

by striking subsection (c)(3)(A) and (B) and inserting subparagraphs (A) and (B) of subsection (c)(3); and

(7)

in subsection (g), by striking academic and inserting award.

403.

Federal Trio Programs

(a)

Program Authority; Authorization of Appropriations

Section 402A (20 U.S.C. 1070a–11) is amended—

(1)

in subsection (b)—

(A)

in paragraph (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

(B)

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; and

(C)

in paragraph (5), by striking campuses and inserting different campuses;

(3)

in subsection (e), by striking (g)(2) each place the term occurs and inserting (h)(4);

(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 enrollment of such students in an institution of higher education; and

(v)

to the extent practicable, the postsecondary education completion of such students.

(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; and

(v)

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 entity met or exceeded the entity’s objectives regarding such students’ completion of the degree programs in which such students were enrolled; 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 entity met or exceeded the entity’s objectives regarding—

(aa)

the completion of a degree or certificate by such students; and

(bb)

the transfer of such students 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 paragraphs (2) or (3) is met or exceeded, an eligible entity receiving assistance under this chapter shall compare the eligible entity's target for the criterion, as established in the eligible entity's application, with the results for the criterion, measured as of the last day of the applicable time period for the determination.

;

(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 such sums as may be necessary for fiscal year 2008 and each of the 5 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, with respect to whom an eligible entity desires to serve through an application for a grant under this chapter, 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), by striking or after the semicolon;

(ii)

in subparagraph (B), by striking the period at the end and inserting ; or; 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.

; 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)

Talent Search

Section 402B (20 U.S.C. 1070a–12) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking to identify qualified youths with potential for education at the postsecondary level and to encourage such youths and inserting to encourage eligible youths;

(B)

in paragraph (2), by inserting , and facilitate the application for, after the availability of; and

(C)

in paragraph (3), by striking , but who have the ability to complete such programs, to reenter and inserting to enter or reenter, and complete;

(2)

by redesignating subsection (c) as subsection (d);

(3)

by striking subsection (b) and inserting the following:

(b)

Required Services

Any project assisted under this section shall provide—

(1)

academic tutoring, or connections to high quality academic tutoring services, to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;

(2)

advice and assistance in secondary course selection and, if applicable, initial postsecondary course selection;

(3)

assistance in preparing for college entrance examinations and completing college admission applications;

(4)
(A)

information on both the full range of Federal student financial aid programs (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and

(B)

assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);

(5)

guidance on and assistance in—

(A)

secondary school reentry;

(B)

alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;

(C)

entry into general educational development (GED) programs; or

(D)

postsecondary education; and

(6)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students' parents, including financial planning for postsecondary education.

(c)

Permissible Services

Any project assisted under this section may provide services such as—

(1)

personal and career counseling or activities;

(2)

information and activities designed to acquaint youths with the range of career options available to the youths;

(3)

exposure to the campuses of institutions of higher education, as well as cultural events, academic programs, and other sites or activities not usually available to disadvantaged youth;

(4)

workshops and counseling for families of students served;

(5)

mentoring programs involving elementary or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons; and

(6)

programs and activities as described in subsection (b) or paragraphs (1) through (5) of this subsection that are specially designed for students who are limited English proficient, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), or students who are in foster care or are aging out of the foster care system.

; and

(4)

in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (2)), by striking talent search projects under this chapter and inserting projects under this section.

(c)

Upward Bound

Section 402C (20 U.S.C. 1070a–13) is amended—

(1)

by striking subsection (b) and inserting the following:

(b)

Required Services

Any project assisted under this section shall provide—

(1)

academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;

(2)

advice and assistance in secondary and postsecondary course selection;

(3)

assistance in preparing for college entrance examinations and completing college admission applications;

(4)
(A)

information on both the full range of Federal student financial aid programs (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and

(B)

assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);

(5)

guidance on and assistance in—

(A)

secondary school reentry;

(B)

alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;

(C)

entry into general educational development (GED) programs; or

(D)

postsecondary education; and

(6)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students' parents, including financial planning for postsecondary education.

;

(2)

in subsection (c)—

(A)

in the subsection heading, by striking Required Services and inserting Additional Required Services for Multiple-Year Grant Recipients; and

(B)

by striking upward bound project assisted under this chapter and inserting project assisted under this section;

(3)

by redesignating subsections (d) and (e) as subsections (f) and (g), respectively;

(4)

by inserting after subsection (c) the following:

(d)

Permissible Services

Any project assisted under this section may provide such services as—

(1)

exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;

(2)

information, activities and instruction designed to acquaint youths participating in the project with the range of career options available to the youths;

(3)

on-campus residential programs;

(4)

mentoring programs involving elementary school or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons;

(5)

work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;

(6)

special services to enable veterans to make the transition to postsecondary education; and

(7)

programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), or students who are in foster care or are aging out of the foster care system.

(e)

Priority

In providing assistance under this section the Secretary—

(1)

shall give priority to projects assisted under this section that select not less than 30 percent of all first-time participants in the projects from students who have a high academic risk for failure; and

(2)

shall not deny participation in a project assisted under this section to a student because the student will enter the project after the 9th grade.

;

(5)

in the matter preceding paragraph (1) of subsection (f) (as redesignated by paragraph (3)), by striking upward bound projects under this chapter and inserting projects under this section; and

(6)

in subsection (g) (as redesignated by paragraph (3))—

(A)

by striking during June, July, and August each place the term occurs and inserting during the summer school recess, for a period not to exceed 3 months; and

(B)

by striking (b)(10) and inserting (d)(5).

(7)

by adding at the end the following:

(h)

Additional funds

(1)

Authorization

There are authorized to be appropriated for the upward bound program under this chapter, in addition to any amounts appropriated under section 402A(g), $57,000,000 for each of the fiscal years 2008 through 2011 for the Secretary to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the upward bound program under this chapter.

(2)

Use of funds

(A)

In general

The amounts made available by paragraph (1) for a fiscal year shall be available to provide assistance to applicants for an upward bound project under this chapter for such fiscal year that—

(i)

did not apply for assistance, or applied but did not receive assistance, under this section in fiscal year 2007; and

(ii)

receive a grant score above 70 on the applicant's application.

(B)

4-year grants

The assistance described in subparagraph (A) shall be made available in the form of 4-year grants.

.

(d)

Student Support Services

Section 402D (20 U.S.C. 1070a–14) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2), by striking and after the semicolon;

(B)

by striking paragraph (3) and inserting the following:

(3)

to foster an institutional climate supportive of the success of low-income and first generation college students, students with disabilities, students who are limited English proficient, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), and students who are in foster care or are aging out of the foster care system.

; and

(C)

by adding at the end the following:

(4)

to improve the financial literacy and economic literacy of students, including—

(A)

basic personal income, household money management, and financial planning skills; and

(B)

basic economic decisionmaking skills.

;

(2)

by redesignating subsections (c) and (d) as subsections (d) and (e);

(3)

by striking subsection (b) and inserting the following:

(b)

Required Services

A project assisted under this section shall provide—

(1)

academic tutoring to enable students to complete postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;

(2)

advice and assistance in postsecondary course selection;

(3)
(A)

information on both the full range of Federal student financial aid programs (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and

(B)

assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);

(4)

education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;

(5)

activities designed to assist students participating in the project in securing college admission and financial assistance for enrollment in graduate and professional programs; and

(6)

activities designed to assist students enrolled in 2-year institutions of higher education in securing admission and financial assistance for enrollment in a 4-year program of postsecondary education.

(c)

Permissible Services

A project assisted under this section may provide services such as—

(1)

consistent, individualized personal, career, and academic counseling, provided by assigned counselors;

(2)

information, activities, and instruction designed to acquaint youths participating in the project with the range of career options available to the students;

(3)

exposure to cultural events and academic programs not usually available to disadvantaged students;

(4)

activities designed to acquaint students participating in the project with the range of career options available to the students;

(5)

mentoring programs involving faculty or upper class students, or a combination thereof;

(6)

securing temporary housing during breaks in the academic year for students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly homeless children and youths and students who are in foster care or are aging out of the foster care system; and

(7)

programs and activities as described in subsection (b) or paragraphs (1) through (5) of this subsection that are specially designed for students who are limited English proficient, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly homeless children and youths, or students who are in foster care or are aging out of the foster care system.

;

(4)

in subsection (d)(1) (as redesignated by paragraph (2)), by striking subsection (b) and inserting subsection (c); and

(5)

in the matter preceding paragraph (1) of subsection (e) (as redesignated by paragraph (2)), by striking student support services projects under this chapter and inserting projects under this section.

(e)

Postbaccalaureate Achievement Program Authority

Section 402E (20 U.S.C. 1070a–15) is amended—

(1)

in subsection (b)—

(A)

in the subsection heading, by inserting Required before Services;

(B)

in the matter preceding paragraph (1), by striking A postbaccalaureate achievement project assisted under this section may provide services such as— and inserting A project assisted under this section shall provide—;

(C)

in paragraph (5), by inserting and after the semicolon;

(D)

in paragraph (6), by striking the semicolon and inserting a period; and

(E)

by striking paragraphs (7) and (8);

(2)

by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;

(3)

by inserting after subsection (b) the following:

(c)

Permissible Services

A project assisted under this section may provide services such as—

(1)

education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;

(2)

mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; and

(3)

exposure to cultural events and academic programs not usually available to disadvantaged students.

;

(4)

in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (2)), by striking postbaccalaureate achievement;

(5)

in the matter preceding paragraph (1) of subsection (f) (as redesignated by paragraph (2)), by striking postbaccalaureate achievement project and inserting project under this section; and

(6)

in subsection (g) (as redesignated by paragraph (2))—

(A)

by striking 402A(f) and inserting 402A(g); and

(B)

by striking 1993 through 1997 and inserting 2007 through 2012.

(f)

Educational Opportunity Centers

Section 402F (20 U.S.C. 1070a–16) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking and after the semicolon;

(B)

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

(C)

by adding at the end the following:

(3)

to improve the financial literacy and economic literacy of students, including—

(A)

basic personal income, household money management, and financial planning skills; and

(B)

basic economic decisionmaking skills.

; and

(2)

in subsection (b)—

(A)

by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;

(B)

by inserting after paragraph (4) the following:

(5)

education or counseling services designed to improve the financial literacy and economic literacy of students;

;

(C)

by striking paragraph (7) (as redesignated by subparagraph (A)) and inserting the following:

(7)

individualized personal, career, and academic counseling;

; and

(D)

by striking paragraph (11) (as redesignated by subparagraph (A)) and inserting the following:

(11)

programs and activities as described in paragraphs (1) through (10) that are specially designed for students who are limited English proficient, students with disabilities, or students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), or programs and activities for students who are in foster care or are aging out of the foster care system.

.

(g)

Staff Development Activities

Section 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by inserting , including strategies for recruiting and serving students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) and students who are in foster care or are aging out of the foster care system before the period at the end.

(h)

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). The 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.

.

(i)

Additional Amendment to Postbaccalaureate Achievement Program

Section 402E(d)(2) (as redesignated by subsection (e)(2)) (20 U.S.C. 1070a–15(d)(2)) is further amended by inserting , including Native Hawaiians, as defined in section 7207 of the Elementary and Secondary Education Act of 1965, and Pacific Islanders after graduate education.

404.

Gaining early awareness and readiness for undergraduate programs

(a)

Early Intervention and College Awareness Program Authorized

Section 404A (20 U.S.C. 1070a–21) is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

Program Authorized

The Secretary is authorized, in accordance with the requirements of this chapter, to establish a program that encourages eligible entities to provide support to eligible low-income students to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing—

(1)

financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to middle school and secondary school students to reduce—

(A)

the risk of such students dropping out of school; or

(B)

the need for remedial education for such students at the postsecondary level; and

(2)

information to students and their parents about the advantages of obtaining a postsecondary education and the college financing options for the students and their parents.

;

(2)

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

(A)

give priority to eligible entities that have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies;

; and

(3)

in subsection (b), by adding at the end the following:

(3)

Carry over

An eligible entity that receives a grant under this chapter may carry over any unspent grant funds from the final year of the grant period into the following year.

;

(4)

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

(2)

a partnership—

(A)

consisting of—

(i)

1 or more local educational agencies; and

(ii)

1 or more degree granting institutions of higher education; and

(B)

which may include not less than 2 other community organizations or entities, such as businesses, professional organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4, or other public or private agencies or organizations.

.

(b)

Requirements

Section 404B (20 U.S.C. 1070a–22) is amended—

(1)

by striking subsection (a) and inserting the following:—

(a)

Funding Rules

(1)

Distribution

In awarding grants from the amount appropriated under section 404G for a fiscal year, the Secretary shall take into consideration—

(A)

the geographic distribution of such awards; and

(B)

the distribution of such awards between urban and rural applicants.

(2)

Special rule

The Secretary shall annually reevaluate the distribution of funds described in paragraph (1) based on number, quality, and promise of the applications.

;

(2)

by striking subsections (b), (e), and (f);

(3)

by redesignating subsections (c), (d), and (g) as subsections (b), (c), and (d), respectively; and

(4)

by adding at the end the following:

(e)

Supplement, Not Supplant

Grant funds awarded under this chapter shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities assisted under this chapter.

.

(c)

Application

Section 404C (20 U.S.C. 1070a–23) is amended—

(1)

in the section heading, by striking eligible entity plans and inserting applications;

(2)

in subsection (a)—

(A)

in the subsection heading, by striking Plan and inserting Application;

(B)

in paragraph (1)—

(i)

by striking a plan and inserting an application; and

(ii)

by striking the second sentence; and

(C)

by striking paragraph (2) and inserting the following:

(2)

Contents

Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may require. Each such application shall, at a minimum—

(A)

describe the activities for which assistance under this chapter is sought, including how the eligible entity will carry out the required activities described in section 404D(a);

(B)

describe how the eligible agency will meet the requirements of section 404E;

(C)

provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 404D;

(D)

ensure that activities assisted under this chapter will not displace an employee or eliminate a position at a school assisted under this chapter, including a partial displacement such as a reduction in hours, wages or employment benefits;

(E)

describe, in the case of an eligible entity described in section 404A(c)(2), how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 404B(d), and how the eligible entity will serve the cohorts through grade 12, including—

(i)

how vacancies in the program under this chapter will be filled; and

(ii)

how the eligible entity will serve students attending different secondary schools;

(F)

describe how the eligible entity will coordinate programs with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;

(G)

provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this chapter; and

(H)

provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit.

;

(3)

in the matter preceding subparagraph (A) of subsection (b)(1)—

(A)

by striking a plan and inserting an application; and

(B)

by striking such plan and inserting such application; and

(4)

in subsection (c)(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,;

(5)

in subsection (c)(1), by striking the semicolon at the end and inserting “including—

(A)

the amount contributed to a student scholarship fund established under section 404E; and

(B)

the amount of the costs of administering the scholarship program under section 404E;

.

(6)

in subsection (c)—

(A)

in paragraph (2), by striking and after the semicolon;

(B)

in paragraph (3), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.

.

(d)

Activities

Section 404D (20 U.S.C. 1070a–24) is amended to read as follows:

404D.

Activities

(a)

Required Activities

Each eligible entity receiving a grant under this chapter shall carry out the following:

(1)

Provide information regarding financial aid for postsecondary education to participating students in the cohort described in subsection 404B(d)(1)(A).

(2)

Encourage student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level.

(3)

Support activities designed to improve the number of participating students who—

(A)

obtain a secondary school diploma; and

(B)

complete applications for and enroll in a program of postsecondary education.

(4)

In the case of an eligible entity described in section 404A(c)(1), provide for the scholarships described in section 404E.

(b)

Optional Activities for States and Partnerships

An eligible entity that receives a grant under this chapter may use grant funds to carry out 1 or more of the following activities:

(1)

Providing tutoring and supporting mentors, including adults or former participants of a program under this chapter, for eligible students.

(2)

Conducting outreach activities to recruit priority students described in subsection (d) to participate in program activities.

(3)

Providing supportive services to eligible students.

(4)

Supporting the development or implementation of rigorous academic curricula, which may include college preparatory, Advanced Placement, or International Baccalaureate programs, and providing participating students access to rigorous core courses that reflect challenging State academic standards.

(5)

Supporting dual or concurrent enrollment programs between the secondary school and institution of higher education partners of an eligible entity described in section 404A(c)(2), and other activities that support participating students in—

(A)

meeting challenging academic standards;

(B)

successfully applying for postsecondary education;

(C)

successfully applying for student financial aid; and

(D)

developing graduation and career plans.

(6)

Providing support for scholarships described in section 404E.

(7)

Introducing eligible students to institutions of higher education, through trips and school-based sessions.

(8)

Providing an intensive extended school day, school year, or summer program that offers—

(A)

additional academic classes; or

(B)

assistance with college admission applications.

(9)

Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as—

(A)

the identification of at-risk children;

(B)

after-school and summer tutoring;

(C)

assistance to at-risk children in obtaining summer jobs;

(D)

academic counseling;

(E)

volunteer and parent involvement;

(F)

encouraging former or current participants of a program under this chapter to serve as peer counselors;

(G)

skills assessments;

(H)

personal counseling;

(I)

family counseling and home visits;

(J)

staff development; and

(K)

programs and activities described in this subsection that are specially designed for students who are limited English proficient.

(10)

Enabling eligible students to enroll in Advanced Placement or International Baccalaureate courses, or college entrance examination preparation courses.

(11)

Providing services to eligible students in the participating cohort described in section 404B(d)(1)(A), through the first year of attendance at an institution of higher education.

(12)

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.

(13)

Disseminating information that promotes the importance of higher education, explains college preparation and admissions requirements, and raises awareness of the resources and services provided by the eligible entities to eligible students, their families, and communities.

(c)

Additional Optional Activities for States

In addition to the required activities described in subsection (a) and the optional activities described in subsection (b), an eligible entity described in section 404A(c)(1) receiving funds under this chapter may use grant funds to carry out 1 or more of the following activities:

(1)

Providing 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.

(2)

Providing professional development opportunities to individuals working with eligible cohorts of students described in section 404B(d)(1)(A).

(3)

Providing strategies and activities that align efforts in the State to prepare eligible students for attending and succeeding in postsecondary education, which may include the development of graduation and career plans.

(4)

Disseminating information on the use of scientifically based research and best practices to improve services for eligible students.

(5)
(A)

Disseminating information on effective coursework and support services that assist students in obtaining the goals described in subparagraph (B)(ii).

(B)

Identifying and disseminating information on best practices with respect to—

(i)

increasing parental involvement; and

(ii)

preparing students, including students with disabilities and students who are limited English proficient, to succeed academically in, and prepare financially for, postsecondary education.

(6)

Working to align State academic standards and curricula with the expectations of postsecondary institutions and employers.

(7)

Developing alternatives to traditional secondary school that give students a head start on attaining a recognized postsecondary credential (including an industry certificate, an apprenticeship, or an associate’s or a bachelor’s degree), including school designs that give students early exposure to college-level courses and experiences and allow students to earn transferable college credits or an associate’s degree at the same time as a secondary school diploma.

(8)

Creating community college programs for drop-outs that are personalized drop-out recovery programs that allow drop-outs to complete a regular secondary school diploma and begin college-level work.

(d)

Priority Students

For eligible entities not using a cohort approach, the eligible entity shall treat as priority students any student in middle or secondary school who is eligible—

(1)

to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965;

(2)

for free or reduced price meals under the Richard B. Russell National School Lunch Act;

(3)

for assistance under a State program funded under part A or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 670 et seq.); or

(4)

for assistance under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).

(e)

Allowable Providers

In the case of eligible entities described in section 404A(c)(1), the activities required by this section may be provided by service providers such as community-based organizations, schools, institutions of higher education, public and private agencies, nonprofit and philanthropic organizations, businesses, institutions and agencies sponsoring programs authorized under subpart 4, and other organizations the State determines appropriate.

.

(e)

Scholarship Component

Section 404E (20 U.S.C. 1070a–25) is amended—

(1)

by striking subsections (e) and (f);

(2)

by redesignating subsections (b), (c), and (d) as subsections (d), (f), and (g), respectively;

(3)

by inserting after subsection (a) the following:

(b)

Limitation

(1)

In general

Subject to paragraph (2), each eligible entity described in section 404A(c)(1) that receives a grant under this chapter shall use not less than 25 percent and not more than 50 percent of the grant funds for activities described in section 404D (except for the activity described in subsection (a)(4) of such section), with the remainder of such funds to be used for a scholarship program under this section in accordance with such subsection.

(2)

Exception

Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use more than 50 percent of grant funds received under this chapter for such activities, if the eligible entity demonstrates that the eligible entity has another means of providing the students with the financial assistance described in this section and describes such means in the application submitted under section 404C.

(c)

Notification of Eligibility

Each eligible entity providing scholarships under this section shall provide information on the eligibility requirements for the scholarships to all participating students upon the students’ entry into the programs assisted under this chapter.

;

(4)

in subsection (d) (as redesignated by paragraph (2)), by striking the lesser of and all that follows through the period at the end of paragraph (2) and inserting the minimum Federal Pell Grant award under section 401 for such award year.;

(5)

by inserting after subsection (d) (as redesignated by paragraph (2) and amended by paragraph (4)) the following:

(e)

Portability of Assistance

(1)

In general

Each eligible entity described in section 404A(c)(1) that receives a grant under this chapter shall create or organize a trust for each cohort described in section 404B(d)(1)(A) for which the grant is sought in the application submitted by the entity, which trust shall be an amount that is not less than the minimum scholarship amount described in subsection (d), multiplied by the number of students participating in the cohort.

(2)

Requirement for portability

Funds contributed to the trust for a cohort shall be available to a student in the cohort when the student has—

(A)

completed a secondary school diploma, its recognized equivalent, or other recognized alternative standard for individuals with disabilities; and

(B)

enrolled in an institution of higher education.

(3)

Qualified educational expenses

Funds available to an eligible student from a trust may be used for—

(A)

tuition, fees, books, supplies, and equipment required for the enrollment or attendance of the eligible student at an institution of higher education; and

(B)

in the case of an eligible student with special needs, expenses for special needs services which are incurred in connection with such enrollment or attendance.

(4)

Return of funds

(A)

Redistribution

(i)

In general

Trust funds that are not used by an eligible student within 6 years of the student’s scheduled completion of secondary school may be redistributed by the eligible entity to other eligible students.

(ii)

Return of excess to the secretary

If, after meeting the requirements of paragraph (1) and, if applicable, redistributing excess funds in accordance with clause (i), an eligible entity has funds remaining, the eligible entity shall return excess funds to the Secretary for distribution to other grantees under this chapter.

(B)

Nonparticipating entity

Notwithstanding subparagraph (A), in the case of an eligible entity described in section 404A(c)(1)(A) that does not receive assistance under this subpart for 6 fiscal years, the eligible entity shall return any trust funds not awarded or obligated to eligible students to the Secretary for distribution to other grantees under this chapter.

; and

(6)

in subsection (g) (as redesignated by paragraph (2))—

(A)

in paragraph (2), by striking 1993 and inserting 2001; and

(B)

in paragraph (4), by striking early intervention component required under section 404D and inserting activities required under section 404D(a).

(f)

Repeal of 21st Century Scholar Certificates

Chapter 2 of subpart 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) is further amended—

(1)

by striking section 404F; and

(2)

by redesignating sections 404G and 404H as sections 404F and 404G, respectively.

(g)

Authorization of Appropriations

Section 404G (as redesignated by subsection (f)) (20 U.S.C. 1070a–28) is amended by striking $200,000,000 for fiscal year 1999 and all that follows through the period and inserting such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years..

(h)

Conforming Amendments

Chapter 2 of subpart 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) is further amended—

(1)

in section 404A(b)(1), by striking 404H and inserting 404G;

(2)

in section 404B(a)(1), by striking 404H and inserting 404G; and

(3)

in section 404F(c) (as redesignated by subsection (f)(2)), by striking 404H and inserting 404G.

405.

Academic achievement incentive scholarships

Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 et seq.) is repealed.

406.

Federal supplemental educational opportunity grants

(a)

Appropriations Authorized

Section 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by striking $675,000,000 for fiscal year 1999 and all that follows through the period and inserting such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years..

(b)

Allocation of Funds

(1)

Allocation of funds

Section 413D (20 U.S.C. 1070b–3) is amended—

(A)

by striking subsection (a)(4); and

(B)

in subsection (c)(3)(D), by striking $450 and inserting $600.

(2)

Technical correction

Section 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended by striking such institution and all that follows through the period and inserting such institution received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year)..

407.

Leveraging Educational Assistance Partnership program

(a)

Appropriations Authorized

Section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read as follows:

(1)

In general

There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

.

(b)

Applications

Section 415C(b) (20 U.S.C. 1070c–2(b)) is amended—

(1)

in the matter preceding subparagraph (A) of paragraph (2), by striking not in excess of $5,000 per academic year and inserting not to exceed the lesser of $12,500 or the student’s cost of attendance per academic year; and

(2)

by striking paragraph (10) and inserting the following:

(10)

provides notification to eligible students that such grants are—

(A)

Leveraging Educational Assistance Partnership grants; and

(B)

funded by the Federal Government, the State, and other contributing partners.

.

(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 in order to—

(A)

carry out activities under this section; and

(B)

provide coordination and cohesion among Federal, State, and local governmental and private efforts that provide financial assistance to help low-income students attend an institution of higher education;

(2)

provide need-based grants for access and persistence to eligible low-income students;

(3)

provide early notification to low-income students of the students’ 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, as described in paragraph (2), 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 such State’s 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 described in paragraph (2)(A)(ii).

(2)

Federal share

(A)

In general

The Federal share under this section shall be determined in accordance with the following:

(i)

If a State applies for an allotment under this section in partnership with—

(I)

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

(II)
(aa)

philanthropic organizations that are located in, or that provide funding in, the State; or

(bb)

private corporations that are located in, or that do business in, the State,

then the Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 50 percent.
(ii)

If a State applies for an allotment under this section in partnership with—

(I)

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

(II)
(aa)

philanthropic organizations that are located in, or that provide funding in, the State; or

(bb)

private corporations that are located in, or that do business in, the State,

then the Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 57 percent.
(B)

Non-federal share

(i)

In general

The non-Federal share under this section may be provided in cash or in kind, fully evaluated and in accordance with this subparagraph.

(ii)

In kind contribution

For the purpose of calculating the non-Federal share under this section, an in kind contribution is a non-cash award that has monetary value, such as provision of room and board and transportation passes, and that helps a student meet the cost of attendance.

(iii)

Effect on need analysis

For the purpose of calculating a student’s need in accordance with part F of this title, an in-kind contribution described in clause (ii) shall not be considered an asset or income.

(c)

Application for Allotment

(1)

In general

(A)

Submission

A State that desires to receive an allotment under this section on behalf of a partnership described in paragraph (3) 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 the non-Federal share from State, institutional, philanthropic, or private funds, of not less than the required share of the cost of carrying out the activities under subsection (d), as determined under subsection (b), in accordance with the following:

(I)

The State shall specify the methods by which non-Federal share 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.

(II)

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 non-Federal share 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), including a description of the system the State will use to track the participation of students who receive grants under this section to degree completion.

(v)

Assurances that the State has a method in place, such as acceptance of the automatic zero expected family contribution determination described in section 479, to identify eligible low-income students and award State grant aid to such students.

(vi)

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, the State, and other contributing partners.

(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 1 public and 1 private degree granting institution of higher education that are located in the State, if applicable;

(B)

new or existing early information and intervention, mentoring, or outreach programs located in the State; and

(C)

not less than 1—

(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 non-Federal share 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 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 grants for access and persistence 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 grants for access and persistence 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 grants for access and persistence 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 of grants

(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)(A)(i), the amount of a grant for access and persistence awarded to a student 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 amounts of other Federal or State sponsored grants, work study, and scholarships received by the student), and such grant for access and persistence shall be used toward the cost of attendance at an institution of higher education located in the State.

(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 grants for access and persistence awarded to students 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 amounts of other Federal or State sponsored grants, work study, and scholarships received by the student).

(ii)

Partnerships 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)(A)(ii), the amount of a grant for access and persistence awarded to a student by such State shall be not more than an amount that is equal to the average cost of attendance at 4-year public institutions of higher education in the State where the student resides (less any amounts of other Federal or State sponsored grants, work study, and scholarships received by the student), and such grant for access and persistence shall be used by the student to attend an institution of higher education located in the State.

(C)

Special rules

(i)

Partnership institutions

A State receiving an allotment under this section may restrict the use of grants for access and persistence under this section by awarding the grants only to students attending institutions of higher education that are participating in the partnership.

(ii)

Out-of-State institutions

If a State provides grants through another program under this subpart to students attending institutions of higher education located in another State, such agreement may also apply to grants awarded under this section.

(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, in grade 7 through grade 12 in the State, of the students’ potential eligibility for student financial assistance, including a grant for access and persistence, 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 eligibility for a grant for access and persistence is enhanced through participation in an early information and intervention, mentoring, or outreach program;

(III)

an explanation that student and family eligibility for, and participation in, other Federal means-tested programs may indicate eligibility for a grant for access and persistence and other student aid programs;

(IV)

a nonbinding estimate of the total amount of financial aid that a low-income student with a similar income level may expect to receive, including an estimate of the amount of a grant for access and persistence and an estimate 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 a grant for access and persistence, at a minimum, a student shall—

(aa)

meet the requirement under paragraph (3);

(bb)

graduate from secondary school; and

(cc)

enroll at an institution of higher education that is a partner in the partnership or qualifies under subsection (d)(1)(C)(ii);

(VI)

information on any additional requirements (such as a student pledge detailing student responsibilities) that the State may impose for receipt of a grant for access and persistence under this section; and

(VII)

instructions on how to apply for a grant for access and persistence 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 grant awards for access and persistence 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 or qualifies under subsection (d)(1)(C)(ii);

(II)

annual Federal and State appropriations; and

(III)

other aid received by the student at the time of the student’s enrollment at such institution of higher education.

(3)

Eligibility

In determining which students are eligible to receive grants for access and persistence, the State shall ensure that each such student meets not less than 1 of the following:

(A)

Meets not less than 2 of the following criteria, with priority given to students meeting all of the following criteria:

(i)

Has an expected family contribution equal to zero (as described in section 479) or a comparable alternative based upon the State’s approved criteria in section 415C(b)(4).

(ii)

Has qualified for a free lunch, or at the State’s discretion a reduced price lunch, under the school lunch program established under the Richard B. Russell National School Lunch Act.

(iii)

Qualifies for the State’s maximum undergraduate award, as authorized under section 415C(b).

(iv)

Is participating in, or has participated in, a Federal, State, institutional, or community early information and intervention, mentoring, or outreach program, as recognized by the State agency administering activities under this section.

(B)

Is receiving, or has received, a grant for access and persistence under this section, in accordance with paragraph (5).

(4)

Grant award

Once a student, including those students who have received early notification under paragraph (2) from the State, applies for admission to an institution that is a partner in the partnership, files a Free Application for Federal Student Aid and any related existing State form, and is determined eligible by the State under paragraph (3), the State shall—

(A)

issue the student a preliminary award certificate for a grant for access and persistence with tentative award amounts; and

(B)

inform the student that payment of the grant for access and persistence award amounts is subject to certification of enrollment and award eligibility by the institution of higher education.

(5)

Duration of award

An eligible student that receives a grant for access and persistence under this section shall receive such grant award for each year of such student’s undergraduate education in which the student remains eligible for assistance under this title, including pursuant to section 484(c), and remains financially eligible as determined by the State, except that the State may impose reasonable time limits to degree completion.

(e)

Use of Funds for Administrative Costs Prohibited

A State that receives an allotment under this section shall not use any of the allotted funds to pay administrative costs associated with any of the authorized activities described in subsection (d).

(f)

Statutory and Regulatory Relief for Institutions of Higher Education

The Secretary may grant, upon the request of an institution of higher education that is in a partnership described in subsection (b)(2)(A)(ii) and that receives an allotment under this section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership.

(g)

Applicability Rule

The provisions of this subpart which are not inconsistent with this section shall apply to the program authorized by this section.

(h)

Maintenance of Effort Requirement

Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (d) for the preceding fiscal year were not less than the amount expended per student or the aggregate expenditure by the State for the activities for the second preceding fiscal year.

(i)

Special Rule

Notwithstanding subsection (h), for purposes of determining a State’s share of the cost of the authorized activities described in subsection (d), the State shall consider only those expenditures from non-Federal sources that exceed the State’s total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided under this subpart).

(j)

Continuation and Transition

For the 2-year period that begins on the date of enactment of the Higher Education Amendments of 2007, the Secretary shall continue to award grants under section 415E of the Higher Education Act of 1965 as such section existed on the day before the date of enactment of such Act to States that choose to apply for grants under such predecessor section.

(k)

Reports

Not later than 3 years after the date of enactment of the Higher Education Amendments of 2007 and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.

.

408.

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

Section 418A (20 U.S.C. 1070d–2) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)(B)(i), by striking parents and inserting immediate family;

(B)

in paragraph (3)(B), by inserting (including preparation for college entrance examinations) after college program;

(C)

in paragraph (5), by striking weekly;

(D)

in paragraph (7), by striking and after the semicolon;

(E)

in paragraph (8)—

(i)

by inserting (such as transportation and child care) after services; and

(ii)

by striking the period at the end and inserting ; and; and

(F)

by adding at the end the following:

(9)

other activities to improve persistence and retention in postsecondary education.

;

(2)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking parents and inserting immediate family; and

(ii)

in subparagraph (B)—

(I)

in the matter preceding clause (i), by inserting to improve placement, persistence, and retention in postsecondary education, after services; and

(II)

in clause (i), by striking and career and inserting career, and economic education or personal finance;

(iii)

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

(iv)

by redesignating subparagraph (F) as subparagraph (G);

(v)

by inserting after subparagraph (E) the following:

(F)

internships; and

; and

(vi)

in subparagraph (G) (as redesignated by clause (iv)), by striking support services and inserting essential supportive services (such as transportation and child care) ; and

(B)

in paragraph (2)—

(i)

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

(ii)

in subparagraph (B), by striking the period at the end and inserting , and coordinating such services, assistance, and aid with other non-program services, assistance, and aid, including services, assistance, and aid provided by community-based organizations, which may include mentoring and guidance; and; and

(iii)

by adding at the end the following:

(C)

for students attending 2-year institutions of higher education, encouraging the students to transfer to 4-year institutions of higher education, where appropriate, and monitoring the rate of transfer of such students.

;

(3)

in subsection (e), by striking section 402A(c)(1) and inserting section 402A(c)(2);

(4)

in subsection (f)—

(A)

in paragraph (1), by striking $150,000 and inserting $180,000; and

(B)

in paragraph (2), by striking $150,000 and inserting $180,000;

(5)

by redesignating subsections (g) and (h) as subsections (h) and (i), respectively;

(6)

by inserting after subsection (f) the following:

(g)

Reservation of funds

From the amounts made available under subsection (i), the Secretary may reserve not more than a total of ½ of 1 percent for outreach activities, technical assistance, and professional development programs relating to the programs under subsection (a).

;

(7)

by striking subsection (h) (as redesignated by paragraph (5)) and inserting the following:

(h)

Data Collection

The Commissioner for Education Statistics shall—

(1)

annually collect data on persons receiving services authorized under this subpart regarding such persons' rates of secondary school graduation, entrance into postsecondary education, and completion of postsecondary education;

(2)

not less often than once every 2 years, prepare and submit a report based on the most recently available data under paragraph (1) to the authorizing committees; and

(3)

make such report available to the public.

; and

(8)

in subsection (i) (as redesignated by paragraph (5))—

(A)

in paragraph (1), by striking $15,000,000 for fiscal year 1999 and all that follows through the period and inserting such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.; and

(B)

in paragraph (2), by striking $5,000,000 for fiscal year 1999 and all that follows through the period and inserting such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years..

409.

Robert C. Byrd Honors Scholarship Program

(a)

Eligibility of Scholars

Section 419F(a) (20 U.S.C. 1070d–36(a)) is amended by inserting (or a home school, whether treated as a home school or a private school under State law) after public or private secondary school.

(b)

Authorization of Appropriations

Section 419K (20 U.S.C. 1070d–41) is amended by striking $45,000,000 for fiscal year 1999 and all that follows through the period and inserting such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years..

410.

Child care access means parents in school

(a)

Minimum Grant

Section 419N(b)(2)(B) (20 U.S.C. 1070e(b)(2)(B)) is amended—

(1)

by striking A grant and inserting the following:

(i)

In general

Except as provided in clause (ii), a grant

; and

(2)

by adding at the end the following:

(ii)

Increase trigger

For any fiscal year for which the amount appropriated under the authority of subsection (g) is equal to or greater than $20,000,000, a grant under this section shall be awarded in an amount that is not less than $30,000.

.

(b)

Definition of Low-Income Student

Paragraph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows:

(7)

Definition of low-income student

For the purpose of this section, the term low-income student means a student who—

(A)

is eligible to receive a Federal Pell Grant for the award year for which the determination is made; or

(B)

would otherwise be eligible to receive a Federal Pell Grant for the award year for which the determination is made, except that the student fails to meet the requirements of—

(i)

section 401(c)(1) because the student is enrolled in a graduate or first professional course of study; or

(ii)

section 484(a)(5) because the student is in the United States for a temporary purpose.

.

(c)

Authorization of Appropriations

Section 419N(g) (20 U.S.C. 1070e(g)) is amended by striking $45,000,000 for fiscal year 1999 and all that follows through the period and inserting such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years..

411.

Learning anytime anywhere partnerships

Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is repealed.

B

Federal family education loan program

421.

Federal payments to reduce student interest costs

Section 428 (as amended by this Act) (20 U.S.C. 1078) is further amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

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

(ii)

in subparagraph (Y)—

(I)

by striking clause (i) and inserting the following:

(i)

the lender shall determine the eligibility of a borrower for a deferment described in subparagraph (M)(i) based on—

(I)

receipt of a request for deferment from the borrower and documentation of the borrower’s eligibility for the deferment;

(II)

receipt of a newly completed loan application that documents the borrower’s eligibility for a deferment;

(III)

receipt of student status information received by the lender that the borrower is enrolled on at least a half-time basis; or

(IV)

the lender’s confirmation of the borrower’s half-time enrollment status through use of the National Student Loan Data System, if the confirmation is requested by the institution of higher education.

; and

(II)

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

(iii)

by adding at the end the following:

(Z)

provides that the lender shall, at the time the lender grants a deferment to a borrower who received a loan under section 428H and is eligible for a deferment under section 428(b)(1)(M), provide information to the borrower to enable the borrower to understand the impact of capitalization of interest on the borrower’s loan principal and total amount of interest to be paid during the life of the loan.

;

(B)

in paragraph (2)(F)—

(i)

in clause (i)—

(I)

in subclause (III), by striking and after the semicolon;

(II)

in subclause (IV), by striking and after the semicolon; and

(III)

by adding at the end the following:

(V)

the effective date of the transfer;

(VI)

the date the current servicer will stop accepting payments; and

(VII)

the date at which the new servicer will begin accepting payments.

; and

(C)

by striking paragraph (3) and inserting the following:

(3)

Restrictions on inducements, payments, mailings, and advertising

A guaranty agency shall not—

(A)

offer, directly or indirectly, premiums, payments, stock or other securities, prizes, travel, entertainment expenses, tuition repayment, or other inducements to—

(i)

any institution of higher education or the employees of an institution of higher education in order to secure applicants for loans made under this part; or

(ii)

any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, in order to administer or market loans made under this part (other than a loan made under section 428H or a loan made as part of the guaranty agency’s lender-of-last-resort program pursuant to section 439(q)) for the purpose of securing the designation of the guaranty agency as the insurer of such loans;

(B)

conduct unsolicited mailings, by postal or electronic means, of educational loan application forms to students enrolled in secondary school or postsecondary educational institutions, or to the parents of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans guaranteed under this part by the guaranty agency;

(C)

perform, for an institution of higher education participating in a program under this title, any function that the institution is required to perform under part B, D, or G;

(D)

pay, on behalf of the institution of higher education, another person to perform any function that the institution of higher education is required to perform under part B, D, or G; or

(E)

conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions.

It shall not be a violation of this paragraph for a guaranty agency to provide technical assistance to institutions of higher education comparable to the technical assistance provided to institutions of higher education by the Department.

; and

(2)

in subsection (c)—

(A)

in paragraph (2)(H)(i), by striking preclaims and inserting default aversion; and

(B)

in paragraph (3)(D)—

(i)

in clause (i), by striking and after the comma at the end;

(ii)

in clause (ii), by striking the period and inserting a semicolon; and

(iii)

by inserting after clause (ii) the following:

(iii)

the lender shall, at the time of granting a borrower forbearance, provide information to the borrower to enable the borrower to understand the impact of capitalization of interest on the borrower’s loan principal and total amount of interest to be paid during the life of the loan; and

(iv)

the lender shall contact the borrower not less often than once every 180 days during the period of forbearance to inform the borrower of—

(I)

the amount of unpaid principal and the amount of interest that has accrued since the last statement of such amounts provided to the borrower by the lender;

(II)

the fact that interest will accrue on the loan for the period of forbearance;

(III)

the amount of interest that will be capitalized, and the date on which capitalization will occur;

(IV)

the ability of the borrower to pay the interest that has accrued before the interest is capitalized; and

(V)

the borrower’s option to discontinue the forbearance at any time.

.

422.

Federal Consolidation Loans

(a)

Amendments

Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is amended—

(1)

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

(2)

by redesignating subparagraph (F) as subparagraph (H); and

(3)

by inserting after subparagraph (E) the following:

(F)

that the lender will disclose, in a clear and conspicuous manner, to borrowers who consolidate loans made under part E of this title—

(i)

that once the borrower adds the borrower’s Federal Perkins Loan to a Federal Consolidation Loan, the borrower will lose all interest-free periods that would have been available, such as those periods when no interest accrues on the Federal Perkins Loan while the borrower is enrolled in school at least half-time, during the grace period, and during periods when the borrower’s student loan repayments are deferred;

(ii)

that the borrower will no longer be eligible for loan cancellation of Federal Perkins Loans under any provision of section 465; and

(iii)

the occupations described in section 465(a)(2), individually and in detail, for which the borrower will lose eligibility for Federal Perkins Loan cancellation; and

(G)

that the lender shall, upon application for a consolidation loan, provide the borrower with information about the possible impact of loan consolidation, including—

(i)

the total interest to be paid and fees to be paid on the consolidation loan, and the length of repayment for the loan;

(ii)

whether consolidation would result in a loss of loan benefits under this part or part D, including loan forgiveness, cancellation, and deferment;

(iii)

in the case of a borrower that plans to include a Federal Perkins Loan under part E in the consolidation loan, that once the borrower adds the borrower’s Federal Perkins Loan to a consolidation loan—

(I)

the borrower will lose all interest–free periods that would have been available for such loan under part E, such as the periods during which no interest accrues on the Federal Perkins Loan while the borrower is enrolled in school at least half-time, the grace period, and the periods during which the borrower’s student loan repayments are deferred under section 464(c)(2); and

(II)

the borrower will no longer be eligible for cancellation of part or all of a Federal Perkins loan under section 465(a);

(iv)

the ability of the borrower to prepay the consolidation loan, pay such loan on a shorter schedule, and to change repayment plans;

(v)

that borrower benefit programs for a consolidation loan may vary among different lenders;

(vi)

the consequences of default on the consolidation loan; and

(vii)

that by applying for a consolidation loan, the borrower is not obligated to agree to take the consolidation loan; and

.

(b)

Conforming amendment

Section 455(g) (20 U.S.C. 1087e(g)) is amended by striking 428C(b)(1)(F) and inserting 428C(b)(1)(H).

423.

Default reduction program

Section 428F (20 U.S.C. 1078–6) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)(A), by adding at the end the following: Upon the sale of the loan to an eligible lender, the guaranty agency, and any prior holder of the loan, shall request any consumer reporting agency to which the guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of default from the borrower's credit history.; and

(B)

by adding at the end the following:

(5)

Limitation

A borrower may obtain the benefits available under this subsection with respect to rehabilitating a loan only one time per loan.

; and

(2)

by adding at the end the following:

(c)

Financial and Economic Literacy

Where appropriate as determined by the institution of higher education in which a borrower is enrolled, each program described in subsection (b) shall include making available financial and economic education materials for the borrower, including making the materials available before, during, or after rehabilitation of a loan.

.

424.

Reports to consumer reporting agencies and institutions of higher education

Section 430A (20 U.S.C. 1080a) is amended—

(1)

in the section heading, by striking Credit Bureaus and inserting Consumer reporting agencies; and

(2)

in subsection (a)—

(A)

in the first sentence, by striking with credit bureau organizations and inserting with each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p));

(B)

by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively;

(C)

by inserting before paragraph (2) (as redesignated by subparagraph (B)), the following:

(1)

the type of loan made, insured, or guaranteed under this title;

;

(D)

by inserting after paragraph (2) (as redesignated by subparagraph (B)), the following: