I
110th CONGRESS
1st Session
H. R. 3746
IN THE HOUSE OF REPRESENTATIVES
October 4, 2007
Mr. McKeon (for himself, Mr. Keller of Florida, Mr. Boustany, Mr. Kline of Minnesota, Mr. Fortuño, Mr. Wilson of South Carolina, Mr. David Davis of Tennessee, Mr. Souder, and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To amend and extend the Higher Education Act of 1965.
Short title; table of contents
Short Title
This Act may be cited as the College Access and Opportunity Act of
2007
.
Table of Contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References; effective date.
Title I—GENERAL PROVISIONS
Sec. 101. Definition of institution of higher education.
Sec. 101. Definition of institution of higher education.
Sec. 102. Institutions outside the United States.
Sec. 123. Restrictions on funds for for-profit schools.
Sec. 102. New borrower definition.
Sec. 103. Student speech and association rights.
Sec. 104. National Advisory Committee on Institutional Quality and Integrity.
Sec. 105. Alcohol and drug abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Limitation on certain uses of funds.
Sec. 124. Limitation on certain uses of funds.
Sec. 108. Consumer information and public accountability in higher education.
Sec. 131. Consumer information and public accountability in higher education.
Sec. 109. Databases of student information.
Sec. 132. Databases of student information prohibited.
Sec. 110. Performance-based organization.
Sec. 111. Treatment of territories and territorial student assistance.
Sec. 112. Institution and lender reporting and disclosure requirements.
Part E—Lender and Institution Requirements Relating to Educational Loans
Sec. 151. Definitions.
Sec. 152. Requirements for lenders and institutions participating in educational loan arrangements.
Sec. 153. Interest rate report for institutions and lenders participating in educational loan arrangements.
Title II—TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality partnership grants.
Part A—Teacher quality partnership grants
Sec. 201. Authorization of appropriations.
Sec. 202. Purposes and definitions.
Sec. 202. Partnership grants.
Sec. 203. Administrative provisions.
Sec. 204. Accountability and evaluation.
Sec. 205. Accountability for programs that prepare teachers.
Sec. 205A. Teacher development.
Sec. 206. State Functions.
Sec. 207. General Provisions.
Sec. 208. Authorization of appropriations.
Sec. 202. Repeal of Part B (preparing tomorrow’s teachers to use technology).
Sec. 203. General provisions.
Part B—General provisions
Sec. 221. Limitations.
Sec. 204. Teacher incentive fund program.
Part C—Teacher Incentive Fund Program
Sec. 231. Purposes; definitions.
Sec. 232. Teacher incentive fund grants.
Sec. 233. Report and evaluation.
Sec. 234. Authorization of appropriations.
Sec. 205. National teacher corps.
Part D—NATIONAL TEACHER CORPS
Sec. 241. Purposes.
Sec. 242. Definitions.
Sec. 243. Grant program authorized.
Sec. 244. Grant requirements.
Sec. 245. Authorized activities.
Sec. 246. Evaluation.
Sec. 247. Authorization of appropriations.
Sec. 206. Transition.
Title III—INSTITUTIONAL AID
Sec. 301. Title
III Grants for American Indian Tribally Controlled Colleges and Universities.Sec. 302. Alaska Native and Native Hawaiian-serving institutions.
Sec. 303. Grants to Part
B institutions.Sec. 304. Technical Amendments.
Sec. 305. Title
III authorizations.Title IV—STUDENT ASSISTANCE
Part A—GRANTS TO STUDENTS
Sec. 401. Pell Grants.
Sec. 402. TRIO programs.
Sec. 403. TRIO reform.
Sec. 402G. Staff development activities.
Sec. 402H. Evaluations.
Sec. 404. GEARUP.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. LEAP.
Sec. 407. HEP/CAMP program.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
Subpart 6—Robert C. Byrd American Competitiveness Program
Sec. 419A. Robert C. Byrd mathematics and science honors scholarship program.
Sec. 419B. Mathematics and science incentive program.
Sec. 419C. Adjunct teacher corps.
Sec. 419D. Authorization of appropriations.
Sec. 409. Child care access.
Sec. 410. Learning anytime anywhere partnerships.
Part B—FEDERAL FAMILY EDUCATION LOAN PROGRAM
Sec. 421. PLUS loan interest rates.
Sec. 422. Loan forgiveness for service in areas of national need.
Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 423. Additional administrative provisions.
Sec. 424. Elimination of auction.
Part C—FEDERAL WORK-STUDY PROGRAMS
Sec. 441. Authorization of appropriations.
Sec. 442. Community service.
Sec. 443. Allocation of funds.
Sec. 444. Books and supplies.
Sec. 445. Job location and development.
Sec. 446. Work colleges.
Sec. 447. Work assistance for students in comprehensive postsecondary programs for students with mental retardation.
Sec. 449. Work assistance for students in comprehensive postsecondary programs for students with mental retardation.
Part D—FEDERAL DIRECT LOAN PROGRAM
Sec. 451. Income contingent repayment.
Part E—FEDERAL PERKINS LOAN PROGRAM
Sec. 461. Reauthorization of program.
Sec. 462. Loan terms and conditions.
Sec. 463. Loan cancellation.
Sec. 464. Technical Amendments.
Part F—NEED ANALYSIS
Sec. 471. Significantly simplifying the student aid Application process.
Sec. 472. Discretion of student financial aid administrators.
Part G—GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL ASSISTANCE
Sec. 481. Expanding information dissemination regarding eligibility for Pell Grants.
Sec. 482. Student eligibility.
Sec. 483. Institutional refunds.
Sec. 484. Institutional and financial assistance information for students.
Sec. 485. Distance education demonstration program.
Sec. 486. College Affordability Demonstration Program.
Sec. 486A. College Affordability Demonstration Program.
Sec. 487. Program participation agreements.
Sec. 488. Additional technical and conforming Amendments.
Sec. 489. Pell Grant eligibility provision.
Part H—PROGRAM INTEGRITY
Sec. 495. Accreditation.
Sec. 496. Report to Congress on prevention of fraud and abuse in student financial aid programs.
Sec. 499. Report to Congress on prevention of fraud and abuse in student financial aid programs.
Sec. 497. Report to Congress on compliance with the Paperwork Reduction Act of 1995.
Sec. 499A. Report to Congress on the Compliance of the student aid Application process with the requirements of the Paperwork Reduction Act of 1995.
Title V—DEVELOPING INSTITUTIONS
Sec. 501. Definitional changes.
Sec. 502. Assurance of enrollment of needy students.
Sec. 503. Additional Amendments.
Sec. 504. Postbaccalaureate opportunities for Hispanic Americans.
Part B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS
Sec. 511. Purposes.
Sec. 512. Program authority and eligibility.
Sec. 513. Authorized activities.
Sec. 514. Application and duration.
Sec. 505. Authorization of appropriations.
Title VI—TITLE
VI AMENDMENTSSec. 601. International and foreign language studies.
Sec. 607. Advancing America through foreign language partnerships.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
Sec. 621. Program for foreign service professionals.
Sec. 604. Evaluation, outreach, and dissemination.
Sec. 632. Evaluation, outreach, and dissemination.
Sec. 605. Advisory Board.
Sec. 633. International Higher Education Advisory Board.
Sec. 606. Recruiter access to students and student recruiting information; safety.
Sec. 634. Recruiter access to students and student recruiting information.
Sec. 635. Student safety.
Sec. 607. National study of foreign language heritage communities.
Sec. 636. National study of foreign language heritage communities.
Title VII—TITLE
VII AMENDMENTSSec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Fund for the improvement of postsecondary education.
Sec. 705. Urban community service.
Sec. 706. Demonstration projects to ensure students with disabilities receive a quality higher education.
Title VIII—CLERICAL AMENDMENTS
Sec. 801. Clerical Amendments.
Title IX—AMENDMENTS TO OTHER EDUCATION 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. Authority.
Sec. 904. Agreement for the National Technical Institute for the Deaf.
Sec. 905. Definitions.
Sec. 906. Audit.
Sec. 907. Reports.
Sec. 908. Monitoring, evaluation, and reporting.
Sec. 909. Liaison for educational programs.
Sec. 910. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.
Sec. 911. Oversight and effect of agreements.
Sec. 912. International students.
Sec. 913. Research priorities.
Sec. 914. Authorization of appropriations.
Sec. 1. Short title.
Part B—ADDITIONAL EDUCATION LAWS
Sec. 921. Amendment to Higher Education Amendments of 1998.
Sec. 922. Tribally Controlled College or University Assistance Act of 1978.
Sec. 923. Navajo Community College Act.
Sec. 924. Education Amendments of 1992.
Sec. 925. Study of student learning outcomes and public accountability.
Sec. 926. Study of education-related indebtedness of medical school graduates.
Sec. 927. Increase in college textbook prices.
Sec. 928. Independent evaluation of distance education programs.
Sec. 929. Study of campus-based program allocation of funds.
Sec. 930. Summit on sustainability.
Sec. 931. Study of residency applications.
References; effective date
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.).
Effective Date
Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of enactment of this Act.
GENERAL PROVISIONS
Definition of institution of higher education
Amendment
Title I is amended by striking sections 101 and 102 (20 U.S.C. 1001, 1002) and inserting the following:
Definition of institution of higher education
Institution of Higher Education
For purposes of this Act, the term institution of higher education means an educational institution in any State that—
admits as regular students only individuals who—
meet the requirements of section 484(d)(3), or have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;
are beyond the age of compulsory school attendance in the State in which the institution is located; or
will be dually enrolled in that institution and a secondary school;
is legally authorized within such State to provide a program of education beyond secondary education;
is accredited by a nationally recognized accrediting agency or association; or
if not so accredited, is a public or nonprofit institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and
meets either of the following criteria:
is a nonprofit, for-profit, or public institution that—
provides an educational program for which the institution awards a bachelor’s, graduate, or professional degree;
provides not less than a 2-year educational program which is acceptable for full credit towards such a degree;
provides not less than a 1-year program of training that prepares students for gainful employment in a recognized occupation; or
awards a degree that is acceptable for admission to graduate or professional degree programs, subject to the review and approval of the Secretary; or
is a nonprofit, for-profit, or public institution that provides an eligible program (as defined in section 481)—
for which the institution awards a certificate; and
that prepares students for gainful employment in a recognized occupation.
Additional Limitations
For-profit postsecondary institutions
Duration of accreditation
A for-profit institution shall not be considered to be an institution of higher education unless such institution is accredited by a nationally recognized accrediting agency or association and such institution has been in existence for at least 2 years.
Institutional eligibility only for competitive grants
For the purposes of any program providing grants to institutions for use by the institution (and not for distribution among students), a for-profit institution shall not be considered to be an institution of higher education under this section if such grants are awarded on any basis other than competition on the merits of the grant proposal or application.
Postsecondary vocational institutions
A nonprofit or public institution that meets the criteria of subsection (a)(4)(B) shall not be considered to be an institution of higher education unless such institution has been in existence for at least 2 years.
Limitations based on management
An institution shall not be considered to meet the definition of an institution of higher education in this section if—
the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that filed for bankruptcy under chapter 11 of title 11, United States Code, between July 1, 1998, and December 1, 1998; or
the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of Federal, State, or local government funds, or has been judicially determined to have committed a crime involving the acquisition, use, or expenditure involving Federal, State, or local government funds.
Limitation on course of study or enrollment
An institution shall not be considered to meet the definition of an institution of higher education in subsection (a) if such institution—
offers more than 50 percent of such institution’s courses by correspondence (excluding courses offered by telecommunications as defined in section 484(l)(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998;
enrolls 50 percent or more of the institution’s students in correspondence courses (excluding courses offered by telecommunications as defined in section 484(l)(4)), unless the institution is an institution that meets the definition in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998, except that the Secretary, at the request of the institution, may waive the applicability of this subparagraph to the institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;
has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for an institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary certificate, respectively; or
has a student enrollment in which more than 50 percent of the students either do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards an associate’s degree or a bachelor’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if an institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not meet the requirements of section 484(d)(3) or do not have a secondary school diploma or its recognized equivalent.
List of Accrediting Agencies
For purposes of this section, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of title IV, to be reliable authority as to the quality of the education or training offered.
Certification
The Secretary shall certify, for the purposes of participation in title IV, an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of title IV.
Loss of Eligibility
An institution of higher education shall not be considered to meet the definition of an institution of higher education in this section for the purposes of participation in title IV if such institution is removed from eligibility for funds under title IV as a result of an action pursuant to part H of title IV.
Institutions outside the United States
Institutions outside the United States
In general
An institution outside the United States shall be considered to be an institution of higher education only for purposes of part B of title IV if the institution is comparable to an institution of higher education, as defined in section 101, is legally authorized by the education ministry (or comparable agency) of the country in which the school is located, and has been approved by the Secretary for purposes of that part. The Secretary shall establish criteria by regulation for that approval and that determination of comparability. An institution may not be so approved or determined to be comparable unless such institution is a public or nonprofit institution, except that, subject to paragraph (2)(B), a nursing school, a graduate medical school or veterinary school located outside the United States may be a for-profit institution.
Medical, nursing, and veterinary school criteria
In the case of a nursing school or a graduate medical or veterinary school outside the United States, such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of title IV unless—
in the case of a graduate medical school located outside the United States—
at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of title IV; and
at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV; or
the graduate medical school has or had a clinical training program that was approved by a State as of January 1, 1992, and continues to operate a clinical training program in at least one State, which is approved by that State;
in the case of a veterinary school located outside the United States that is not a public or nonprofit institution, the school’s students complete their clinical training at an approved veterinary school located in the United States; or
in the case of a nursing school located outside the United States that is not a public or nonprofit institution, the school—
has, as of the date of enactment of the College Access and Opportunity Act of 2007, agreements with hospitals or accredited nursing schools inside the United States; and
the school’s students are required to complete their senior year at such hospitals or accredited nurshing schools.
Advisory Panel
In general
For the purpose of qualifying a foreign medical school as an institution of higher education only for purposes of part B of title IV, the Secretary shall publish qualifying criteria by regulation and establish an advisory panel of medical experts that shall—
evaluate the standards of accreditation applied to applicant foreign medical schools; and
determine the comparability of those standards to standards for accreditation applied to United States medical schools.
Failure to release information
The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subsection (a)(2) shall render such institution ineligible for the purpose of part B of title IV.
.
Restrictions on Funds for for-Profit Schools
Part B of title I is amended by inserting after section 122 (20 U.S.C. 1011k) the following new section:
Restrictions on funds for for-profit schools
In General
Notwithstanding any other provision of this Act authorizing the use of funds by an institution of higher education that receives funds under this Act, none of the funds made available under this Act to a for-profit institution of higher education may be used for—
construction, maintenance, renovation, repair, or improvement of classrooms, libraries, laboratories, or other facilities;
establishing, improving, or increasing an endowment fund; or
establishing or improving an institutional development office to strengthen or improve contributions from alumni and the private sector.
Exception
Subsection (a) shall not apply to funds received by the institution from the grant, loan, or work assistance that is awarded under title IV to the students attending such institution.
Ineligibility for Certain Programs
Notwithstanding section 101, a for-profit institution of higher education shall not be considered an eligible institution for the programs under titles III and V of this Act.
.
Conforming Amendments
Section 114(a) (20
U.S.C. 1011c(a)) is amended by striking (as defined in section
102)
.
Section 435(a)(1)
(20 U.S.C. 1085(a)(1)) is amended by striking section 102
and
inserting section 101
.
Subsection (d) of section 484 (20 U.S.C. 1091(d)) is amended by striking the designation and heading of such subsection and inserting the following:
Satisfaction of Secondary Education Standards
.
Section 486(b)(2)
(20 U.S.C. 1093(b)(2)) is amended by striking 102(a)(3)(A),
102(a)(3)(B)
and inserting 101(b)(4)(A),
101(b)(4)(B)
.
Section
487(c)(1)(A)(iii) (20 U.S.C. 1094(c)(1)(A)(iii)) is amended by striking
section 102(a)(1)(C)
and inserting section
102
.
Section 487(d) (20
U.S.C. 1094(d)) is amended by striking section 102
and inserting
section 101
.
Subsections (j)
and (k) of section 496 (20 U.S.C. 1099b(j), (k)) are each amended by striking
section 102
and inserting section 101
.
Section 498(g)(3)
(20 U.S.C. 1099c(g)(3)) is amended by striking section
102(a)(1)(C)
and inserting section 102
.
Section 498(i)(1)
(20 U.S.C. 1099c(i)(1)) is amended by striking section 102
and
inserting section 101
.
Section 498(j)(1)
(20 U.S.C. 1099c) is amended by striking except that such branch shall
not be required to meet the requirements of sections 102(b)(1)(E) and
102(c)(1)(C) prior to seeking such certification
and inserting
except that such branch shall not be required to be in existence for at
least 2 years prior to seeking such certification
.
Section 498B(b)
(20 U.S.C. 1099c–2(b)) is amended by striking section
102(a)(1)(C)
and inserting section 102
.
Effect on Other Laws
Inclusion of for-profit institutions in definition
The inclusion of proprietary and for-profit institutions within the definition of the term institution of higher education’ in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) pursuant to the amendment made by subsection (a) of this section shall not apply to any other provision of law (other than the Higher Education Act of 1965) enacted before the date of enactment of this Act that references section 101 of the Higher Education Act of 1965 (or that term as so defined), except as expressly provided by an amendment to, or other revision of the application of, such law enacted after such date of enactment.
Inclusion of for-profit institutions as title iii or v eligible institution
Any reference in any provision of law other than the Higher Education Act of 1965 to institutions of higher education that are eligible to participate in programs under title III or V of such Act (20 U.S.C. 1051 et. seq., 1101 et seq.) shall not be treated, as a consequence of the amendment to section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) by subsection (a) of this section, as including a reference to a for-profit or proprietary institution of higher education, except as expressly provided by an amendment to, or other revision of the application of, such law enacted after such date of enactment.
New borrower definition
Paragraph (7) of section 103 (20 U.S.C. 1003) is amended to read as follows:
New borrower
The term new borrower when used with respect to any date for any loan under any provision of—
part B or part D of title IV means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under either of those parts; and
part E of title IV means an individual who on that date has no outstanding balance of principal or interest owing on any loan made under that part.
.
Student speech and association rights
Section 112 (20 U.S.C. 1011a) is amended—
by amending subsection (a) to read as follows:
Protection of Rights
It is the sense of Congress that no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this Act, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution; and
It is the sense of Congress that—
the diversity of institutions and educational missions is one of the key strengths of American higher education;
individual colleges and universities have different missions and each institution should design its academic program in accordance with its educational goals;
within the context of its institutional mission, a college should promote intellectual pluralism and facilitate the free and open exchange of ideas;
students should not be intimidated, harassed, discouraged from speaking out, discriminated against, or subject to official sanction because of their personal political, ideological, or religious beliefs; and
students should be treated equally and fairly, including evaluation and grading, without regard to or consideration of their personal political views or ideological beliefs.
Nothing in paragraph (2) shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.
; and
in subsection
(b)(1), by inserting after higher education
the following:
, if the imposition of such sanction is done objectively, fairly, and
without regard to the student’s personal political, ideological, or religious
beliefs
.
National Advisory Committee on Institutional Quality and Integrity
Membership
Section
114(b) (20 U.S.C. 1011c(b)) is amended by adding at the end the following new
sentence: A member of the Committee may continue to serve after the
expiration of a term until a successor has been appointed.
.
Extension
Section
114(g) (20 U.S.C. 1011c(g)) is amended by striking 2004
and
inserting 2013
.
Alcohol and drug abuse prevention
Section 120(e)(5) (20 U.S.C. 1011i(e)(5)) is amended—
by
striking 1999
and inserting 2008
; and
by striking
4 succeeding fiscal years
and inserting 5 succeeding
fiscal years
.
Prior rights and obligations
Section 121(a)
(20 U.S.C. 1011j(a)) is amended by striking 1999 and for each of the
4
each place it appears and inserting 2008 and for each of the
5
.
Limitation on certain uses of funds
Part B of title I is further amended by adding after section 123 (as added by section 101(b) of this Act) the following new section:
Limitation on certain uses of funds
No funds made available to carry out this Act may be used—
for publicity or propaganda purposes not authorized by the Congress before the date of enactment of the College Access and Opportunity Act of 2007; or
unless authorized by law in effect on such date of enactment, to produce any prepackaged news story intended for broadcast or distribution unless such story includes a clear a notification contained within the text or audio of such story stating that the prepackaged news story was prepared or funded by the Department of Education.
.
Consumer information and public accountability in higher education
Section 131 (20 U.S.C. 1015) is amended to read as follows:
Consumer information and public accountability in higher education
Purpose
It is the purpose of this section to—
provide students and families with an easy-to-use, comprehensive web-based tool for researching and comparing institutions of higher education;
increase the transparency of college cost, price, and financial aid; and
raise public awareness of information available about postsecondary education, particularly among low-income families, non-traditional student populations, and first-generation college students.
College Opportunity On-Line (COOL) Website Re-Design Process
In carrying out this section, the Commissioner of Education Statistics—
shall identify the data elements that are of greatest importance to prospective students, enrolled students, and their families, paying particular attention to low-income, non-traditional student populations, and first-generation college students;
shall convene a group of individuals with expertise in the collection and reporting of data related to institutions of higher education to—
determine the relevance of particular data elements to prospective students, enrolled students, and families;
assess the cost-effectiveness of various ways in which institutions of higher education might produce relevant data;
determine the general comparability of the data across institutions of higher education;
make recommendations regarding the inclusion of specific data items and the most effective and least burdensome methods of collecting and reporting useful data from institutions of higher education; and
shall ensure that the redesigned COOL website—
uses, to the extent practicable, data elements currently provided by institutions of higher education to the Secretary;
includes clear and uniform information determined to be relevant to prospective students, enrolled students, and families;
provides comparable information, by ensuring that data are based on accepted criteria and common definitions;
includes a sorting function that permits users to customize their search for and comparison of institutions of higher education based on the information identified through the process as prescribed in paragraph (1) as being of greatest relevance to choosing an institution of higher education.
Data Collection
Data system
The Commissioner of Education Statistics shall continue to redesign the relevant parts of the Integrated Postsecondary Education Data System to include additional data as required by this section and to continue to improve the usefulness and timeliness of data collected by such systems in order to inform consumers about institutions of higher education.
College consumer profile
The Secretary shall continue to publish on the COOL website, for each academic year and in accordance with standard definitions developed by the Commissioner of Education Statistics (including definitions developed under section 131(a)(3)(A) as in effect on the day before the date of enactment of the College Access and Opportunity Act of 2007), from at least all institutions of higher education participating in programs under title IV the following information:
The tuition and fees charged for a first-time, full-time, full-year undergraduate student.
The room and board charges for a first-time, full-time, full-year undergraduate student.
The price of attendance for a first-time, full-time, full-year undergraduate student, consistent with the provisions of section 472.
The average amount of financial assistance received by a first-year, full-time, full-year undergraduate student, including—
each type of assistance or benefits described in 428(a)(2)(C)(ii);
institutional and other assistance; and
Federal loans under parts B, D, and E of title IV.
The number of first-time, full-time, full-year undergraduate students receiving financial assistance described in each clause of subparagraph (D).
The institutional instructional expenditure per full-time equivalent student.
Student enrollment information, including information on the number and percentage of full-time and part-time students, the number and percentage of resident and non-resident students.
Faculty-to-student ratios.
Faculty information, including the total number of faculty and the percentage of faculty who are full-time employees of the institution and the percentage who are part-time.
Completion and graduation rates of undergraduate students, identifying whether the completion or graduation rates are from a 2-year or 4-year program of instruction and, in the case of a 2-year program of instruction, the percentage of students who transfer to 4-year institutions prior or subsequent to completion or graduation.
A link to the institution of higher education with information of interest to students including mission, accreditation, student services (including services for students with disabilities), transfer of credit policies and, if appropriate, placement rates and other measures of success in preparing students for entry into or advancement in the workforce.
The college affordability information elements specified in subsection (d).
Any additional information that the Secretary may require.
College affordability information elements
The college affordability information elements required by subsection (c)(2)(L) shall include, for each institution submitting data—
the sticker price of the institution for the 3 most recent academic years;
the net tuition price of the institution for the 3 most recent academic years;
the percentage change in both the sticker price and the net tuition price over the 3-year time period that is being reported;
the percentage change in the CPI over the same time period; and
whether the institution has been placed on affordability alert status as required by subsection (e)(3).
Outcomes and Actions
Response from institution
Effective on June 30, 2008, an institution that increases its sticker price at a percentage rate for any 3-year interval ending on or after that date that exceeds two times the rate of change in the CPI over the same time period shall provide a report to the Secretary, in such a form, at such time, and containing such information as the Secretary may require. Such report shall be published by the Secretary on the COOL website, and shall include—
a description of the factors contributing to the increase in the institution’s costs and in the tuition and fees charged to students; and
if determinations of tuition and fee increases are not within the exclusive control of the institution, a description of the agency or instrumentality of State government or other entity that participates in such determinations and the authority exercised by such agency, instrumentality, or entity.
Quality-efficiency task forces
Required
Each institution subject to paragraph (1) that has a percentage change in its sticker price that is in the highest 5 percent of all institutions subject to paragraph (1) shall establish a quality-efficiency task force to review the operations of such institution.
Membership
Such task force shall include administrators, business and civic leaders, and faculty, and may include students, trustees, parents of students, and alumni of such institution.
Functions
Such task force shall analyze institutional operating costs in comparison with such costs at other institutions within the class of institutions. Such analysis should identify areas where, in comparison with other institutions in such class, the institution operates more expensively to produce a similar result. Any identified areas should then be targeted for in-depth analysis for cost reduction opportunities.
Report
The results of the analysis by a quality-efficiency task force under this paragraph shall be made available to the public on the COOL website.
Consequences for 2-year continuation of failure
If the Secretary determines that an institution that is subject to paragraph (1)) has failed to reduce the subsequent increase in sticker price below two times the rate of change in the CPI for 2 consecutive academic years subsequent to the 3-year interval used under paragraph (1), the Secretary shall place the institution on affordability alert status.
Exemptions
Notwithstanding paragraph (3), an institution shall not be placed on affordability alert status if, for any 3-year interval for which sticker prices are computed under paragraph (1)—
with respect the class of institutions described in paragraph (6) to which the institution belongs, the sticker price of the institution is in the lowest quartile of institutions within such class, as determined by the Secretary, during the last year of such 3-year interval; or
the institution has a percentage change in its sticker price computed under paragraph (1) that exceeds two times the rate of change in the CPI over the same time period, but the dollar amount of the sticker price increase is less than $500.
Information to state agencies
Classes of institutions
For purposes of this subsection, the classes of institutions shall be those sectors used by the Integrated Postsecondary Education Data System, based on whether the institution is public, nonprofit private, or for-profit private, and whether the institution has a 4-year, 2-year, or less than 2-year program of instruction.
Data rejection
Nothing in this subsection shall be construed as allowing the Secretary to reject the data submitted by an individual institution of higher education.
Information to the Public
The Secretary shall work with public and private entities to promote broad public awareness, particularly among middle and high school students and their families, of the information made available under this section, including by distribution to students who participate in or receive benefits from means-tested federally funded education programs and other Federal programs determined by the Secretary.
Fines
In addition to actions authorized in section 487(c), the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information required by this section in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data under subsections (c) and (j) and pursuant to the program participation agreement entered into under section 487.
GAO Study and Report
GAO Study
The Comptroller General shall conduct a study of the policies and procedures implemented by institutions in increasing the affordability of postsecondary education. Such study shall include information with respect to—
a list of those institutions that—
have reduced their sticker prices; or
are within the least costly quartile of institutions within each class described in subsection (e)(6);
policies implemented to stem the increase in tuition and fees and institutional costs;
the extent to which room and board costs and prices changed;
the extent to which other services were altered to affect tuition and fees;
the extent to which the institution's policies affected student body demographics and time to completion;
what, if any, operational factors played a role in reducing tuition and fees;
the extent to which academic quality was affected, and how;
if the institution is a public institution, the relationship between State and local appropriations and the institution's tuition and fees;
the extent to which policies and practices reducing costs and prices may be replicated from one institution to another; and
other information as necessary to determine best practices in increasing the affordability of postsecondary education.
Interim and final reports
The Comptroller General shall submit an interim and a final report regarding the findings of the study required by paragraph (1) to the appropriate authorizing committees of Congress. The interim report shall be submitted not later than July 31, 2011, and the final report shall be submitted not later than July 31, 2013.
Student Aid Recipient Survey
Survey required
The Secretary shall conduct a survey of student aid recipients under title IV on a regular cycle and State-by-State basis, but not less than once every 4 years—
to identify the population of students receiving Federal student aid;
to describe the income distribution and other socioeconomic characteristics of federally aided students;
to describe the combinations of aid from State, Federal, and private sources received by students from all income groups;
to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and the impact of such debt burden on career choices;
to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; and
to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students.
Survey design
The survey shall be representative of full-time and part-time, undergraduate, graduate, and professional and current and former students in all types of institutions, and designed and administered in consultation with the Congress and the postsecondary education community.
Dissemination
The Commissioner of Education Statistics shall disseminate the information resulting from the survey in both printed and electronic form.
Promotion of the Department of Education Federal Student Financial Aid Website
The Secretary—
shall display a link to the Federal student financial aid website of the Department of Education (www.federalstudentaid.ed.gov) in a prominent place on the homepage of the Department of Education website (www.ed.gov); and
may use administrative funds available for the Department’s operations and expenses for purposes of advertising and other promotion of the availability of the Federal student financial aid website.
Promotion of Availability of Information Concerning Student Financial Aid Programs of Other Departments and Agencies
Collection and posting of information
The Secretary shall collect and post the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each non-departmental student financial assistance program.
Manner of posting
The information required by paragraph (1)—
shall be easily accessible through the Federal student financial aid website required by subsection (e)(1);
shall be incorporated into the search matrix on such website on pages pertaining to other options for financial aid; and
shall clearly describe the programs in a manner that permits students and parents to readily identify the programs that are appropriate to their needs and eligibility.
Agency response
Each Federal department and agency shall promptly respond to surveys or other requests for the information required by paragraph (1) and shall identify for the Secretary any non-departmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.
Definition
For
purposes of this subsection, the term non-departmental student financial
assistance program
means any grant, loan, scholarship, fellowship, or
other form of financial aid for students pursuing a postsecondary education
that is—
distributed directly to the student or to the student’s account at the institution of higher education; and
operated, sponsored, or supported by a Federal department or agency other than the Department of Education.
Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
Definitions
For the purposes of this section:
Net tuition price
The term net tuition price means the average tuition and fees charged to a first-time, full-time, full-year undergraduate student, minus the average grants provided to such students, for any academic year.
Sticker price
The term sticker price means the average tuition and fees charged to a first-time, full-time, full-year undergraduate student by an institution of higher education for any academic year.
CPI
The term CPI means the Consumer Price Index-All Urban Consumers (Current Series).
.
Databases of student information
Part C of title I is further amended by adding at the end the following new section:
Databases of student information prohibited
Prohibition
Except as described in (b), nothing in this Act shall be construed to authorize the design, development, creation, implementation, or maintenance of a nationwide database of personally identifiable information on individuals receiving assistance, attending institutions receiving assistance, or otherwise involved in any studies or other collections of data under this Act, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.
Exception
The provisions of subsection (a) shall not affect the loan obligation enforcement activities described in section 485B of this Act.
.
Performance-based organization
Section 141 (20 U.S.C. 1018) is amended—
in subsection (a)(2)(B)—
by inserting
unit
after to reduce the
; and
by inserting
and, to the extent practicable, the total costs of administering those
programs
after those programs
;
in subsection (c)—
in paragraph
(1)(A), by striking Each year
and inserting Each fiscal
year
;
in paragraph
(1)(B), by inserting secondary markets, guaranty agencies,
after
lenders,
; and
in paragraph
(2)(B), by striking Chief Financial Officer Act of 1990 and
and
inserting Chief Financial Officers Act of 1990,
and by inserting
before the period at the end the following: , and other relevant
statutes
; and
in subsection
(f)(3)(A), by striking paragraph (1)(A)
and inserting
paragraph (1)
.
Treatment of territories and territorial student assistance
Section 113 (20 U.S.C. 1011b) is amended—
by striking
treatment of territories and territorial student
assistance
in the heading of such section and
inserting territorial waiver
authority
;
by striking
(a) Waiver
Authority.—
; and
by striking subsection (b).
Institution and lender reporting and disclosure requirements
Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:
Lender and Institution Requirements Relating to Educational Loans
Definitions
In this part:
Cost of attendance
The term cost of attendance
has the
meaning given the term in section 472.
Covered institution
The term covered institution
—
means any educational institution that offers a postsecondary educational degree, certificate, or program of study (including any institution of higher education, as such term is defined in section 102) and receives any Federal funding or assistance; and
includes any employee or agent of the educational institution or any organization or entity affiliated with, or directly or indirectly controlled by, such institution.
Educational loan
The term educational loan
means any loan
made, insured, or guaranteed under title IV.
Educational loan arrangement
The term educational loan arrangement
means an arrangement or agreement between a lender and a covered
institution—
under which arrangement or agreement a lender provides or otherwise issues educational loans to the students attending the covered institution or the parents of such students; and
which arrangement or agreement—
relates to the covered institution recommending, promoting, endorsing, or using educational loans of the lender; and
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.
Lender
The
term lender
—
means—
any lender—
of a loan made, insured, or guaranteed under part B of title IV; and
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
in the case of any loan issued or provided to a student under part D of title IV, the Secretary; and
includes any individual, group, or entity acting on behalf of the lender in connection with an educational loan.
Officer
The
term officer
includes a director or trustee of an
institution.
Requirements for lenders and institutions participating in educational loan arrangements
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.
Disclosures
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).
Disclosures
The disclosures required by this paragraph shall include a clear and prominent statement—
of the interest rates of the educational loan being offered;
showing sample educational loan costs, disaggregated by type;
that describes, with respect to each type of educational loan being offered—
the types of repayment plans that are available;
whether, and under what conditions, early repayment may be made without penalty;
when and how often interest on the loan will be capitalized;
the terms and conditions of deferments or forbearance;
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;
the collection practices in the case of default; and
all fees that the borrower may be charged, including late payment penalties and associated fees; and
of such other information as the Secretary may require in regulations.
Disclosures to the Secretary by Lender
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—
the amount of each specific instance in which the lender provided such reimbursement;
the name of the financial aid official or other employee to whom the reimbursement was made;
the dates of the activity for which the reimbursement was made; and
a brief description of the activity for which the reimbursement was made.
Report to congress
The Secretary shall compile the information in paragraph (1) in a report and transmit such report to the authorizing committees annually.
Interest rate report for institutions and lenders participating in educational loan arrangements
Secretary Duties
Report and model format
Not later than 180 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall—
prepare a report on the adequacy of the information provided to students and the parents of such students about educational loans, after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, and business officers), lenders, loan servicers, and guaranty agencies;
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)—
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—
the interest rate and terms and conditions of the loans offered by the lender for the upcoming academic year;
with respect to such loans, any benefits that are contingent on the repayment behavior of the borrower;
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;
the average interest rate on such loans provided to such students for the preceding academic year; and
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
which format shall be easily usable by lenders, institutions, guaranty agencies, loan servicers, parents, and students; and
submit the report and model format to the authorizing committees; and
make the report and model format available to covered institutions, lenders, and the public.
Use of form
The Secretary shall take such steps as necessary to make the model format available to covered institutions and to encourage—
lenders subject to subsection (b) to use the model format in providing the information required under subsection (b); and
covered institutions to use such format in preparing the information report under subsection (c).
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.
Covered Institution Duties
Each covered institution shall—
prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has an educational loan arrangement with the covered institution and that has submitted to the institution the information required under subsection (b)—
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
a detailed explanation of why the covered institution believes the terms and conditions of each type of educational loan provided pursuant to the agreement are beneficial for students attending the covered institution, or the parents of such students; and
ensure that the report required under paragraph (1) is made available to the public and provided to students attending or planning to attend the covered institution, and the parents of such students, in time for the student or parent to take such information into account before applying for or selecting an educational loan.
.
TEACHER QUALITY ENHANCEMENT
Teacher quality partnership grants
Part A of title II (20 U.S.C. 1021 et seq.) is amended to read as follows:
Teacher quality partnership grants
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.
Purposes and definitions
Purposes
The purposes of this part are to—
improve student achievement;
improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities;
hold institutions of higher education accountable for preparing highly qualified teachers; and
recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force.
Definitions
In this part:
Arts and sciences
The term arts and sciences
means—
when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and
when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.
Children from low-income families
The term children from low-income
families
means children as described in section 1124(c)(1)(A) of the
Elementary and Secondary Education Act of 1965.
Core academic subjects
The term core academic subjects
has the
meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
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.
Eligible partnership
The term eligible partnership
means an
entity that—
shall include—
a high-need local educational agency;
a high-need school or a consortium of high-need schools served by the high-need local educational agency;
a partner institution;
a school, department, or program of education within such partner institution;
a school or department of arts and sciences within such partner institution; and
a public or private educational organization; and
may include any of the following:
The Governor of the State.
The State educational agency.
The State board of education.
The State agency for higher education.
A State-approved alternative teacher certification program.
A business.
An educational service agency.
A teacher organization.
A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.
A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965).
A faith-based or community organization.
Essential components of reading instruction
The term essential
components of reading instruction
has the meaning given such term in
section 1208 of the Elementary and Secondary Education Act of 1965.
Exemplary teacher
The term exemplary teacher
has the meaning
given such term in section 9101 of the Elementary and Secondary Education Act
of 1965.
High-need local educational agency
The term high-need local educational
agency
means a local educational agency—
for which not less than 20 percent of the children served by the agency are children from low-income families;
that serves not fewer than 10,000 children from low-income families; or
with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; and
for which there is a high percent age of teachers not teaching in the academic subject areas or grade levels in which the teachers were trained to teach; or
for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.
High-need school
The term high need school
means a public
elementary school or public secondary school that—
is among the highest 25 percent of schools served by the local educational agency that serves the school, in terms of the percent age of students from families with income below the poverty line; or
is designated with a school locale code of 41, 42, or 43, as determined by the Secretary.
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.
Induction program
The term induction program
means a
formalized program for new teachers during not less than the teachers’ first 2
years of teaching that is designed to provide support for, and improve the
professional performance and advance the retention in the teaching field of,
beginning teachers. Such program shall promote effective teaching skills and
shall include the following components:
High-quality teacher mentoring.
Periodic, structured time for collaboration with teachers in the same department or field, as well as time for information-sharing among teachers, principals, administrators, and participating faculty in the partner institution.
The application of empirically based practice and scientifically based research on instructional practices.
Opportunities for new teachers to draw directly upon the expertise of teacher mentors, faculty, and researchers to support the integration of empirically based practice and scientifically based research with practice.
The development of skills in instructional and behavioral interventions derived from empirically based practice and scientifically based research.
Faculty who—
model the integration of research and practice in the classroom; and
assist new teachers with the effective use and integration of technology in the classroom.
Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers on the learning process and the assessment of learning.
Assistance with the understanding of data, particularly student achievement data, and the data’s applicability in classroom instruction.
Periodic, structured evaluation of the new teacher by mentor teachers and the principal using valid and reliable benchmarks of teaching skills.
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.
Partner institution
The term partner institution
means an
institution of higher education, which may include a 2-year institution of
higher education offering a dual program with a 4-year institution of higher
education, participating in an eligible partnership that has a teacher
preparation program—
whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—
demonstrating that the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or
being ranked among the highest performing teacher preparation programs in the State as determined by the State—
using criteria consistent with the requirements for the State report card under section 205(b); and
using the State report card on teacher preparation required under section 205(b), after the first publication of such report card and for every year thereafter; or
that requires—
each student in the program to meet high academic standards and participate in intensive clinical experience;
in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach;
in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences; and
each student in the program preparing to become a teacher to become highly qualified.
Professional development
The term professional development
has
the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
Scientifically based reading research
The term scientifically based
reading research
has the meaning given such term in section 1208 of the
Elementary and Secondary Education Act of 1965 (29 U.S.C. 6368);
Scientifically based research
The term scientifically based
research
has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368);
Teacher mentoring
The term teacher mentoring
means the
mentoring of new or prospective teachers through a new or established program
that—
includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness;
provides high-quality training for such mentors, including instructional strategies for literacy instruction based on scientifically based reading research;
provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;
provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;
promotes empirically based practice of and scientifically based research on—
teaching and learning;
assessment of student learning;
the development of teaching skills through the use of instructional and behavioral interventions; and
the improvement of the mentees’ capacity to measurably advance student learning; and
includes—
common planning time or regularly scheduled collaboration for the mentor and mentee; and
joint professional development opportunities.
Teaching skills
The term teaching skills
means skills that
enable a teacher to—
increase student learning, achievement, and the ability to apply knowledge;
effectively convey and explain academic subject matter;
employ strategies grounded in the disciplines of teaching and learning that—
are based on empirically based practice, scientifically based research, and, where applicable, scientifically based reading research, on teaching and learning;
are specific to academic subject matter; and
focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;
conduct an ongoing assessment of student learning, which may include the use of formative and performance-based assessments that measure higher-order thinking skills, including application, analysis, synthesis, and evaluation;
effectively manage a classroom; and
communicate and work with parents and guardians, and involve parents and guardians in their children’s education.
Teaching residency program
The term teaching residency
program
means a school based teacher preparation program in which a
prospective teacher—
for 1 academic year, teaches alongside a mentor teacher, who is the teacher of record;
receives concurrent instruction during the year described in subparagraph (A) from the partner institution or a State-approved alternative teacher certification program, 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;
acquires effective teaching skills;
prior to
completion of the program, attains full State teacher certification or
licensure, becomes highly qualified, may earn a masters degree, and
receives a valid and reliable evaluation of the teacher
s teaching
skills.
Partnership grants
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).
Application
Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—
a needs assessment of all the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention, of general and special education teachers and principals;
a description of the extent to which the program prepares prospective and new teachers with strong teaching skills;
a description of the extent to which the program will prepare prospective and new teachers to understand scientifically based research and data and the applicability of scientifically based research and data in the classroom;
a description of how the partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including those funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student achievement;
a resource assessment that describes the resources available to the partnership, including—
the integration of funds from other related sources;
the intended use of the grant funds;
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;
a description of—
how the partnership will meet the purposes of this part;
how the partnership will carry out the activities required under subsection (e) or (f), or both, based on the needs identified in paragraph (1), with the goal of improving student achievement;
the partnership’s evaluation plan under section 204(a);
how the partnership will align the teacher preparation program with the student academic achievement standards and academic content standards under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located;
how 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;
how the partnership will design, implement, or enhance a year-long, rigorous, and enriching teaching preservice clinical program component;
the in-service professional development strategies and activities to be supported;
how the partnership will collect, analyze, and use data on the retention of all teachers in schools located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher support system; and
how the partnership will ensure that teachers, principals, and superintendents in private elementary and secondary schools located in the geographic areas served by an eligible partnership under this part will participate equitably in accordance with section 9501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881); and
with respect to the induction program required as part of the activities carried out under this section—
a demonstration that the schools and departments within the institution of higher education that are part of the induction program have relevant and essential roles in the effective preparation of teachers, including content expertise and expertise in teaching;
a demonstration of the partnership’s capability and commitment to the use of empirically based practice and scientifically based research on teaching and learning, and the accessibility to and involvement of faculty;
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
a description of how faculty involved in the induction program will be able to substantially participate in an elementary or secondary school classroom setting, including release time and receiving workload credit for such participation.
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 preparation of teachers under subsection (e), a teaching residency program under subsection (f), or both such programs.
Priority
In making grants under this part, the Secretary shall give priority to eligible partnerships seeking to carry out an effective program for teacher preparation under subsection (e).
Partnership grants for teacher preparation
An eligible partnership that receives a grant to carry out an effective program for teacher preparation shall carry out all of the following:
Reforms
In general
Implementing reforms, described in subparagraph (B), within each teacher preparation program of the eligible partnership that is assisted under this section, to hold each program accountable for—
preparing—
current or prospective teachers to be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, teachers of students who are limited English proficient who may teach multiple subjects, and teachers who are qualified to teach Advanced Placement or International Baccalaureate courses); and
such teachers to understand empirically based practice and scientifically based research on teaching and learning and its applicability, and to use technology effectively, including the use of instructional techniques to improve student achievement; and
promoting strong teaching skills.
Required reforms
The reforms described in subparagraph (A) shall include—
implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;
using empirically based practice and scientifically based research about the disciplines of teaching and learning so that all prospective teachers—
can understand and implement research-based teaching practices in classroom-based instruction;
have knowledge of student learning methods;
possess skills to analyze student academic achievement data and other measures of student learning and use such data and measures to improve instruction in the classroom;
possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable the teachers to—
meet the specific learning needs of all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels; and
differentiate instruction for such students; and
can successfully employ scientifically based reading research and effective strategies for reading instruction using the essential components of reading instruction;
ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that new teachers receive training in both teaching and relevant content areas in order to become highly qualified;
developing admissions goals and priorities in collaboration with the hiring objectives of the high-need local educational agency in the eligible partnership; and
implementing teacher preparation program curriculum changes to prepare teachers to teach Advanced Placement or International Baccalaureate courses.
Clinical experience and interaction
Developing and improving a sustained and high-quality pre-service clinical education program to further develop the teaching skills of all prospective teachers involved in the program. Such program shall do the following:
Incorporate year-long opportunities for enrichment activity or a combination of activities, including—
clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership and identified by the eligible partnership; and
closely supervised interaction between faculty and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support for such interaction.
Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.
Provide high-quality teacher mentoring.
Be offered over the course of a program of teacher preparation;
be tightly aligned with course work (and may be developed as a 5th year of a teacher preparation program); and
where feasible, allow prospective teachers to learn to teach in the same school district in which the teachers will work, learning the instructional initiatives and curriculum of that district.
Provide support and training for those individuals participating in an activity for prospective teachers described in this paragraph or paragraph (3), and for those who serve as mentors for such teachers, based on each individual’s experience. such support may include—
with respect to a prospective teacher or a mentor, release time for such individual’s participation;
with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and
with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance based pay.
Induction programs for new teachers
Creating an induction program for new teachers.
Teacher recruitment
Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become highly qualified teachers, particularly highly qualified special education, math, and science teachers, through the activities of the eligible partnership. Such mechanisms shall include—
establishing within the high-need local educational agency served by the eligible partnership a performance based compensation system to reward effective teachers who produce demonstrated growth in student achievement. Such compensation system shall be developed with the demonstrated support of teachers;
developing strategies that provide differential and bonus pay to recruit—
highly qualified teachers to teach in high-need academic subjects, such as reading, mathematics, and science;
highly qualified teachers to teach in schools within the jurisdiction of the eligible partnership identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b));
special education teachers;
teachers specializing in teaching limited English proficient children; and
highly qualified teachers in urban or rural schools within the jurisdiction of the eligible partnership; and
developing alternative routes to State certification and traditional preparation to become highly qualified teachers through—
innovative approaches that reduce unnecessary barriers to State certification while producing highly qualified teachers, which may include articulation agreements between institutions of higher education that are members of eligible partnerships under this section; and
alternative routes to State certification of teachers for qualified individuals, including mid-career professionals from other occupations, former military personnel, and recent college graduates with records of academic distinction.
Teacher removal
Developing and implementing effective mechanisms to ensure that local educational agencies and schools served by the eligible partnership are able to remove expeditiously incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers.
Partnership grants for the establishment of teaching residency programs
In general
An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:
Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.
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.
Ensuring that teaching residents that participated in the teaching residency program receive—
effective preservice preparation as described in paragraph (2);
teacher mentoring;
induction through the induction program as the teaching residents enter the classroom as new teachers; and
the preparation described in subparagraphs (A), (B), and (C) of subsection (e)(2).
Teaching residency programs
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:
The integration of pedagogy, classroom practice, and teacher mentoring.
Engagement of teaching residents in rigorous coursework while undertaking a guided teaching apprenticeship.
Experience and learning opportunities alongside a trained and experienced mentor teacher—
whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;
who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for novice teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and
who may have full relief from teaching duties as a result of such additional responsibilities.
The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on observations of such do mains of teaching as the following:
Demonstrated knowledge of content, pedagogy, and assessment, including the use of formative assessments to improve student learning.
Appropriate instruction that engages students with different learning styles.
Collaboration with colleagues to improve instruction.
Analysis of gains in student learning, that, when feasible, may include valid and reliable objective measures of the influence of teachers on the rate of student academic progress.
In the case of mentor candidates who will be mentoring current or future literacy and mathematics coaches or instructors, an understanding of scientifically based reading research and appropriate skills in the essential components of reading instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate.
Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.
The development of admissions goals and priorities aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of the agency, in exchange for a commitment by the agency to hire graduates from the teaching residency program.
Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first 2 years of teaching.
Selection of individuals as teacher residents
Eligible individual
In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall—
be a recent graduate of a 4-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and
submit an application to the teaching residency program.
Selection criteria
An eligible partnership carrying out a teaching residency program under this subparagraph shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:
Strong content knowledge or record of accomplishment in the field or subject area to be taught.
Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.
Other attributes linked to effective teaching determined by performance-based assessments.
Stipend and service requirement
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.
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.
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.
Consultation
In general
Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities under this section.
Regular communication
To ensure timely and meaningful consultation, regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.
Written consent
The Secretary may approve changes in grant activities of a grant under this section only if a written consent signed by all members of the eligible partnership is submitted to the Secretary.
Construction
Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education.
Supplement, not supplant
Funds made available 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.
Administrative provisions
Duration; number of awards; payments
Duration
A grant awarded under this part shall be awarded for a period of 5 years.
Number of awards
An eligible partnership, and each individual member that is a part of the eligible partnership, may not receive more than 1 grant under this part.
Payments
The Secretary shall make annual payments of grant funds awarded under this part.
Peer review
Panel
The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.
Priority
In recommending applications to the Secretary for funding under this part, the panel shall give priority—
to applications from broad-based eligible partnerships that involve businesses and community organizations; and
to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.
Secretarial selection
The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining the grant amount, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.
Matching requirements
In general
Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.
Waiver
The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership, if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.
Limitation on administrative expenses
An eligible partnership that receives a grant under this part may use not more than 2 percent of the grant funds for purposes of administering the grant.
Accountability and evaluation
Eligible partnership evaluation
Each eligible partnership submitting an application for a grant under this part shall establish and include in such application, an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for increasing—
student achievement for all students as measured by the eligible partnership;
teacher retention in the first 3 years of a teacher’s career;
improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and
the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;
the percentage of such teachers who are members of under represented groups;
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);
the percentage of such teachers who teach in high-need areas (including special education and English language instruction educational programs for limited English proficient students); and
the percentage of such teachers in high need schools, disaggregated by the elementary and secondary school levels.
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.
Revocation of grant
If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, of the grant by the end of the third year of a grant under this part, then the Secretary shall require such eligible partnership to submit a revised application that identifies the steps the partnership will take to make substantial progress to meet the purposes, goals, objectives, and measures, as appropriate, of this part.
Evaluation and dissemination
The Secretary shall evaluate the activities funded under this part and report the Secretary’s findings regarding the activities to the authorizing committees. The Secretary shall broadly disseminate—
successful practices developed by eligible partnerships under this part; and
information regarding such practices that were found to be ineffective.
Accountability for programs that prepare teachers
Institutional and program report cards on the quality of teacher preparation
Report card
Each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional teacher preparation programs and alternative routes to State certification or licensure programs, the following information:
Pass rates and scaled scores
For the most recent year for which the information is available for those students who took the assessments and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken the assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the 2-year period preceding such year, for each of the assessments used for teacher certification or licensure by the State in which the program is located—
the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
the percentage of all such students who passed each such assessment;
the percentage of students taking an assessment who completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State;
the average scaled score for all students who took each such assessment;
a comparison of the program’s pass rates with the average pass rates for programs in the State; and
a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.
Program information
The criteria for admission into the program, the number of students in the program (disaggregated by race and gender), the average number of hours of supervised clinical experience required for those in the program, the number of full-time equivalent faculty and students in the supervised clinical experience, and the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.
Statement
In States that require approval or accreditation of teacher preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom.
Designation as low-performing
Whether the program has been designated as low-performing by the State under section 207(a).
Use of technology
A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data in order to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.
Report
Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a).
Fines
The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.
Special rule
In the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(A), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.
State report card on the quality of teacher preparation
In general
Each State that receives funds under this Act shall provide to the Secretary, annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:
A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.
The standards and criteria that prospective teachers must meet 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.
A description of how the assessments and requirements described in subparagraph (A) are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and State early learning standards for early childhood education programs.
For each of the assessments used by the State for teacher certification or licensure—
for each institution of higher education located in the State and each entity located in the State that offers an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
the percentage of all such students at all such institutions taking the assessment who pass such assessment; and
the percentage of students taking an assessment who completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State.
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—
the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date of the determination, who passed each such assessment; and
the average scaled score of individuals participating in such routes, or who have completed such routes during the period preceding the date of the determination, who took each such assessment.
A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.
For each teacher preparation program in the State, the criteria for admission into the program, the number of students in the program, disaggregated by race and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student), the average number of hours of supervised clinical experience required for those in the program, and the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.
For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—
area of certification or licensure;
academic major; and
subject area for which the teacher has been prepared to teach.
Using the data generated under subparagraphs (G) and (H), a description of the extent to which teacher preparation programs are helping to address shortages of highly qualified teachers, by area of certification or licensure, subject, and specialty, in the State’s public schools.
A description of the activities that prepare 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.
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.
Report of the secretary on the quality of teacher preparation
Report card
The Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (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.
Report to congress
The Secretary shall prepare and submit a report to Congress that contains the following:
A comparison of States’ efforts to improve the quality of the current and future teaching force.
A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.
The national mean and median scaled scores and pass rate on any standardized test that is used in more than 1 State for teacher certification or licensure.
Special rule
In the case of a teacher preparation program with fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information, and make publicly available, with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.
Coordination
The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.
Teacher development
Annual goals
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—
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
more closely linking the training provided by the institution with the needs of schools and the instructional decisions new teachers face in the classroom.
Assurance
As a condition of receiving assistance under title IV, each institution described in subsection (a) shall provide an assurance to the Secretary that—
training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;
prospective special education teachers receive coursework in core academic subjects and receive training in providing instruction in core academic subjects;
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
prospective teachers receive training on how to effectively teach in urban and rural schools.
Public reporting
As part of the annual report card required under section 205(a)(1), an institution of higher education described in subsection (a) shall publicly report whether the goals established under such subsection have been met.
State Functions
State assessment
In order to receive funds under this Act, a State shall have in place a procedure to 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).
Termination of eligibility
Any program of teacher preparation from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)—
shall be ineligible for any funding for professional development activities awarded by the Department;
shall not be permitted to accept or enroll any student that receives aid under title IV in the institution’s teacher preparation program; and
shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval.
Negotiated rulemaking
If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.
Application of the requirements
The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.
General Provisions
Methods
In complying with sections 205 and 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.
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,—
the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and
notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.
Release of information to teacher preparation programs
In general
For the purpose of improving teacher preparation programs, a State educational agency that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that—
may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and
is possessed, controlled, or accessible by the State educational agency.
Content of information
The information described in paragraph (1)—
shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State educational agency with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and
may include—
kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and
teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.
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.
.
Repeal of part b (preparing tomorrow’s teachers to use technology)
Title II (20 U.S.C. 1021 et seq.) is amended by repealing Part B.
General provisions
Title II (20 U.S.C. 1021 et seq.) as amended by section 202 of this Act is amended by adding at the end the following:
General provisions
Limitations
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.
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.
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.
.
Teacher incentive fund program
Title II (20 U.S.C. 1021 et seq.), as amended by section 203 of this Act, is further amended by adding at the end the following:
Teacher Incentive Fund Program
Purposes; definitions
Purposes
The purposes of this part are—
to assist States, local educational agencies, and nonprofit organizations to develop, implement, or improve comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and
to study and review performance-based compensation systems for teachers and principals to evaluate their effectiveness, fairness, quality, consistency, and reliability.
Definitions
For purposes of this part:
Eligible entity
The term eligible entity
means—
a local educational agency (including a charter school that is a local educational agency), or a consortium of such agencies;
a State educational agency, or other State agency designated by the chief executive of the State to participate under this subpart; or
a partnership of—
one or more agencies described in subparagraph (A) or (B), or both; and
at least one nonprofit organization.
High-need local educational agency
The term high-need local educational
agency
has the meaning given the term in section 201.
High-need school
The term high-need school
has the meaning
given the term in section 201.
Performance-based compensation system
The term performance-based
compensation system
means a system of compensation for teachers and
principals that—
differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and
may include—
differentiated levels of compensation on the basis of high-quality teachers’ and principals’ employment and success in hard-to-staff schools or high-need subject areas; and
recognition of the skills and knowledge of teachers and principals as demonstrated through—
successful fulfillment of additional responsibilities or job functions; and
evidence of high achievement and mastery of content knowledge and superior teaching skills.
Teacher incentive fund grants
In General
From the amounts appropriated to carry out this part, the Secretary is authorized to make grants on a competitive basis to eligible entities to develop, implement, or improve performance-based compensation systems in participating schools.
Priority
In making such a grant, the Secretary shall give priority to an eligible entity that concentrates its proposed activities on teachers and principals serving in high-need schools.
Applications
To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require, that includes—
a description of the performance-based compensation system that the applicant proposes to develop and implement or improve;
a description and demonstration of the support and commitment from teachers and principals in the targeted schools, the community, and local educational agency or agencies for the performance-based compensation system, including demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system;
a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance, including the baseline performance against which evaluations of improved performance will be made;
a description and demonstration of how teacher and principal views were included in the development of the performance-based compensation system;
a description of the local educational agency or local educational agencies to be served by the project, including such demographic information about students in the schools to be served by the project as the Secretary may request;
information on student academic achievement, the quality of the teachers and principals, and existing compensation, bonuses, and incentive systems for teachers and principals in the schools to be served by the project;
a description of how the applicant will use grant funds under this part in each year of the grant;
a description of the comprehensive, focused professional development that is aligned with student content and achievement standards that the applicant will implement to support the performance-based compensation system;
an explanation of how the grantee will continue its performance-based compensation system after the grant ends;
a description, if
applicable, of how the applicant will define the term
high-quality
for the purposes of section 241(b)(4)(B)(i),
through the use of measurable indicators;
a description of the State, local, or philanthropic funds that will be used to supplement the grant and sustain the activities at the end of the grant period; and
A description of how the applicant will evaluate the project annually, including any objective measures that are clearly related to the goals for the project and information on how the evaluation will produce quantitative and qualitative data.
Use of Funds
In general
A grantee shall use grant funds provided under this part only to develop, implement, or improve, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with the requirements of this part.
Authorized activities
Authorized activities under this part may include the following:
Developing appraisal systems that reflect clear and fair measures of student academic achievement.
Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement.
Conducting outreach within the local educational agency (or agencies) or the State to gain input on how to construct the appraisal system and to develop support for it.
Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries to teachers and principals who raise student academic achievement, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant.
Paying, as part of a comprehensive performance-based compensation system, additional bonuses to teachers who both raise student academic achievement and either teach in high-need schools or teach subjects that are difficult to staff, or both, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant.
Paying, as part of a comprehensive performance-based compensation system, additional bonuses to principals who both raise student academic achievement and serve in high-need schools, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant.
Duration of Grants
In general
The Secretary may make grants under this section for periods of up to 5 years.
Limitation
An agency described in subparagraph (A) of section 241(b)(1) may receive (whether individually or as part of a consortium or partnership) a grant under this part only once. Such an agency may continue to receive that grant for the period of that grant, but shall not receive (whether individually or as part of a consortium or partnership) any other grant under this part.
Equitable Distribution
To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section.
Matching Requirement
Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount (which may be provided in cash or in kind) to carry out the activities supported by the grant equal to—
for the first year of the grant, 25 percent of the amount received for that year under the grant;
for the second year, 30 percent;
for the third year, 35 percent;
for the fourth year, 40 percent; and
for the fifth year, 50 percent.
The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in section 241(b)(1)(A) if that eligible entity is a high-need local educational agency, a consortium of high-need local educational agencies, or a charter school that is a high-need local educational agency and the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the activities described in subsection (d).
Supplement, Not Supplant
Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds.
Report and evaluation
Report
The Secretary shall provide an annual report on the implementation of the program to the Congress.
Evaluation
In general
The Secretary shall, through grant or contract, carry out an independent evaluation of the program under this part.
Content
The evaluation shall measure—
the effectiveness of the program in improving student academic achievement;
the satisfaction of the participating teachers or principals; and
the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals, especially in hard-to-staff subject areas.
Authorization of appropriations
In General
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 succeeding 5 fiscal years.
Reservation
The Secretary may reserve not more than 3 percent of the funds appropriated to carry out this part for any one fiscal year for the cost of the evaluation under section 243(b) and for technical assistance and program outreach.
.
National teacher corps
Title II (20 U.S.C. 1021 et seq.), as amended by section 204 of this Act, is further amended by adding at the end the following:
NATIONAL TEACHER CORPS
Purposes
The purposes of this part are—
to raise the number of highly accomplished recent college graduates teaching in underserved urban and rural communities in the United States;
to increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers; and
to build a broader pipeline of talented and experienced future leaders in public education and education reform.
Definitions
In this part:
In general
The terms highly qualified, local educational agency, and Secretary have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
High need
The term high need, when used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers, as determined by the Secretary.
Grant program authorized
The Secretary is authorized to award a grant to a highly-selective national teacher corps to implement and expand its program of recruiting, selecting, training, and supporting new teachers. The grantee shall be a highly selective national teacher corps that—
focuses a national recruitment effort on recent college graduates from all academic majors;
trains such graduates through intensive summer institutes;
places such graduates as teachers in public schools in school districts of high need local educational agencies in urban and rural communities across multiple States; and
supports and measures the progress of such teachers through intensive professional development.
Grant requirements
In carrying out the grant program under this part, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds—
to provide highly qualified teachers to high need local educational agencies in urban and rural communities;
to pay the cost of recruiting, selecting, training, and supporting new teachers; and
to serve a substantial number and percentage of underserved students.
Authorized activities
Grant funds provided under this part shall be used by the grantee to carry out each of the following activities:
Recruiting and selecting teachers through a highly-selective national process.
Providing preservice training to selected teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory.
Placing selected teachers in schools and positions in high need local education agencies that serve a high percentage of low-income students.
Providing ongoing professional development activities for the selected teachers in the classroom, including regular classroom observations and feedback, and ongoing training and support.
Evaluation
Annual Report
The grantee shall provide to the Secretary an annual report that includes—
data on the number and quality of the teachers provided to local educational agencies through the grant under this part;
an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and
comprehensive data on the background of the selected teachers, the training such teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers.
Study
The Secretary shall provide for a study comparing the academic achievement of students taught by the teachers selected, trained, and placed under this part with the academic achievement of students taught by other teachers in the same schools and positions. The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple local educational agencies. Each such study shall meet the peer-review standards of the education research community.
Authorization of appropriations
There are authorized to be appropriated to carry out this part such sums for fiscal year 2008 and each of the 5 succeeding fiscal years .
.
Transition
The Secretary of Education shall take such actions as the Secretary determines to be appropriate to provide for the orderly implementation of this title.
INSTITUTIONAL AID
Title III Grants for American Indian Tribally Controlled Colleges and Universities
Eligible Institutions
Subsection (b) of section 316 (20 U.S.C. 1059c(b)) is amended to read as follows:
Definitions
Eligible institutions
For purposes of this section, Tribal Colleges and Universities are the following:
any of the following institutions that qualify for funding under the Tribally Controlled College or University Assistance Act of 1978 or is listed in the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note): Bay Mills Community College; Blackfeet Community College; Cankdeska Cikana Community College; Chief Dull Knife College; College of Menominee Nation; Crownpoint Institute of Technology; Diné College; D–Q University; Fond du Lac Tribal and Community College; Fort Belknap College; Fort Berthold Community College; Fort Peck Community College; Haskell Indian Nations University; Institute of American Indian and Alaska Native Culture and Arts Development; Lac Courte Oreilles Ojibwa Community College; Leech Lake Tribal College; Little Big Horn College; Little Priest Tribal College; Nebraska Indian Community College; Northwest Indian College; Oglala Lakota College; Saginaw Chippewa Tribal College; Salish Kootenai College; Si Tanka University—Eagle Butte Campus; Sinte Gleska University; Sisseton Wahpeton Community College; Sitting Bull College; Southwestern Indian Polytechnic Institute; Stone Child College; Tohono O’odham Community College; Turtle Mountain Community College; United Tribes Technical College; and White Earth Tribal and Community College; and
any other institution of higher education that meets the definition of tribally controlled college or university in section 2 of the Tribally Controlled College or University Assistance Act of 1978, and meets all other requirements of this section.
Indian
The term Indian has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978.
.
Distance Learning
Subsection (c)(2) of such section is amended—
by amending subparagraph (B) to read as follows:
construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;
;
in subparagraph
(C), by inserting before the semicolon at the end the following: , or
advanced degrees in tribal governance or tribal public policy
;
in
subparagraph (D), by inserting before the semicolon at the end the following:
, in tribal governance, or in tribal public policy
;
by striking
and
at the end of subparagraph (K);
by redesignating subparagraph (L) as subparagraph (M); and
by inserting after subparagraph (K) the following new subparagraph:
developing or improving facilities for Internet use or other distance learning academic instruction capabilities; and
.
Application and Allotment
Subsection (d) of such section is amended to read as follows:
Application and Allotment
Institutional eligibility
To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b).
Application
Any Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may reasonably require.
Allotments to institutions
Allotment: pell grant basis
From the amount appropriated to carry out this section for any fiscal year, the Secretary shall allot to each eligible institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the award year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all eligible institutions.
Allotment: degree and certificate basis
From the amount appropriated to carry out this section for any fiscal year, the Secretary shall allot to each eligible institution a sum which bears the same ratio to one-half that amount as the number of degrees or certificates awarded by such institution during the preceding academic year bears to the total number of degrees or certificates awarded by all eligible institutions.
Minimum grant
Notwithstanding subparagraphs (A) and (B), the amount allotted to each institution under this section shall not be less than $500,000.
Special rules
Concurrent funding
For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
Exemption
Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.
.
Alaska Native and Native Hawaiian-serving institutions
Distance Learning
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended—
by amending subparagraph (B) to read as follows:
construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;
;
in
subparagraph (C), by inserting before the semicolon at the end the following:
, or advanced degrees in tribal governance or tribal public
policy
;
in subparagraph
(D), by inserting before the semicolon at the end the following: , in
tribal governance, or tribal public policy
;
by striking
and
at the end of subparagraph (G);
by striking the period at the end of subparagraph (H) and inserting a semicolon; and
by inserting after subparagraph (H) the following new subparagraph:
development or improvement of facilities for Internet use or other distance learning academic instruction capabilities; and
.
Endowment Funds
Section 317(c) is further amended by adding at the end the following new paragraph:
Endowment funds
In general
An Alaska Native-serving institution or Native Hawaiian-serving institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.
Matching requirement
In order to be eligible to use grant funds in accordance with subparagraph (A), the institution shall provide to the endowment fund from non-Federal funds an amount equal to the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.
Applicability of other provisions
The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A).
.
Application Process
Section 317(d)(2) is amended by striking everything after the first sentence.
Grants to Part B institutions
Use of Funds
Facilities and equipment
Undergraduate institutions
Paragraph (2) of section 323(a) (20 U.S.C. 1062(a)) is amended to read as follows:
Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including development or improvement of facilities for Internet use or other distance learning academic instruction capabilities and purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities.
.
Graduate and professional schools
Paragraph (2) of section 326(c) (20 U.S.C. 1063b(c)) is amended to read as follows:
construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;
.
Outreach and collaboration
Paragraph (11) of section 323(a) (20 U.S.C. 1062(a)) is amended to read as follows:
Establishing community outreach programs and collaborative partnerships between part B institutions and local elementary or secondary schools. Such partnerships may include mentoring, tutoring, or other instructional opportunities that will boost student academic achievement and assist elementary and secondary school students in developing the academic skills and the interest to pursue postsecondary education.
.
Technical Assistance
Section 323 (20 U.S.C. 1062) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection:
Technical Assistance
In general
An institution may not use more than 2 percent of the grant funds provided under this part to secure technical assistance.
Technical assistance
Technical assistance may include assistance with enrollment management, financial management, and strategic planning.
Report
The institution shall report to the Secretary on an annual basis, in such form as the Secretary requires, on the use of funds under this subsection.
.
Minimum Grants
Section 324(d)(1) (20 U.S.C. 1063(d)(1)) is amended by
inserting before the period at the end the following: , except that, if
the amount appropriated to carry out this part for any fiscal year exceeds the
amount needed to provide to each institution an amount equal to the total
amount received by such institution under subsections (a), (b), and (c) for the
preceding fiscal year, then the amount of such excess appropriation shall first
be applied to increase the minimum allotment under this subsection to
$750,000
.
Eligible Graduate or Professional Schools
General authority
Section 326(a)(1) (20 U.S.C. 1063b(a)(1)) is amended—
by inserting
(A)
after subsection (e) that
; and
by inserting
before the period at the end the following: , (B) is accredited by a
nationally recognized accrediting agency or association determined by the
Secretary to be a reliable authority as to the quality of training offered, and
(C) according to such an agency or association, is in good
standing
.
Eligible institutions
Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended—
by striking
and
at the end of subparagraph (Q);
by striking the period at the end of subparagraph (R) and inserting a semicolon; and
by adding at the end the following new subparagraphs:
Alabama State University qualified graduate program;
Prairie View A & M University qualified graduate program;
Coppin State University qualified graduate program;
Delaware State University qualified graduate program;
Langston University qualified graduate program;
West Virginia State University qualified graduate program; and
Fayetteville State University qualified graduate program.
.
Conforming amendment
Section 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended—
by striking
1998
and inserting 2006
; and
by striking
(Q) and (R)
and inserting (S) through (Y)
.
Professional or Graduate Institutions
Section 326(f) (20 U.S.C. 1063b(f)) is amended—
in paragraph (1)—
by striking
$26,600,000
and inserting $54,500,000
; and
by striking
(P)
and inserting (R)
;
in paragraph (2)—
by striking
$26,600,000, but not in excess of $28,600,000
and inserting
$54,500,000, but not in excess of $58,500,000
; and
by striking
subparagraphs (Q) and (R)
and inserting subparagraphs (S)
through (Y)
; and
in paragraph (3)—
by striking
$28,600,000
and inserting $58,500,000
; and
by striking
(R)
and inserting (Y)
.
Hold Harmless
Section 326(g) (20 U.S.C. 1063b(g)) is amended by
striking 1998
each place it appears and inserting
2006
.
Technical Amendments
Amendments
Title III is further amended—
in section 311(c) (20 U.S.C. 1057(c))—
by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and
by inserting after paragraph (6) the following:
Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.
;
in section
312(b)(1)(A) (20 U.S.C. 1058(b)(1)(A)), by striking subsection
(c)
and inserting subsection (d)
;
in section
312(b)(1)(F) (20 U.S.C. 1058(b)(1)(F)), by inserting which is
before located
;
in section 312(b)(1) (20 U.S.C. 1058(b)(1)), by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph:
which provides a program that is not less than a 2-year educational program that is acceptable for full credit toward a bachelor’s degree;
;
in section 316(c)(2) (20 U.S.C. 1059c(c)(2))—
by redesignating subparagraphs (G) through (M) (as redesignated by section 301(b)(5) of this Act) as subparagraphs (H) through (N), respectively;
by inserting after subparagraph (F) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;
; and
in subparagraph
(N), as redesignated by subparagraph (A), by striking subparagraphs (A)
through (K)
and inserting subparagraphs (A) through
(M)
;
in section 317(c)(2) (20 U.S.C. 1059d(c)(2)), by inserting after subparagraph (I) (as added by section 302(a)(6) of this Act) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.
;
in section 323(a) (20 U.S.C. 1062(a))—
by striking
section 360(a)(2)
and inserting section
399(a)(2)(A)
;
by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and
by inserting after paragraph (6) the following:
Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.
;
in section
324(d)(2) (20 U.S.C. 1063(d)(2)), by striking section
360(a)(2)(A)
and inserting section 399(a)(2)(A)
;
in
section 326(e)(1) (20 U.S.C. 1063b(e)(1)), in the matter preceding subparagraph
(A), by inserting a colon after the following
;
in section 327(b)
(20 U.S.C. 1063c(b)), by striking initial
;
in section 342(5)(C) (20 U.S.C. 1066a(5)(C))—
by inserting a
comma after equipment
the first place it appears; and
by striking
technology,,
and inserting technology,
;
in section 343(e)
(20 U.S.C. 1066b(e)), by inserting after the subsection designation the
following: Sale of Qualified
Bonds.—
;
in section 351(a)
(20 U.S.C. 1067a(a)), by striking of 1979
;
in section
391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by striking subparagraph
(E)
and inserting subparagraph (D)
; and
in section 396
(20 U.S.C. 1068e), by striking section 360
and inserting
section 399
.
Repeal
Section 1024 (20 U.S.C. 1135b–3), as transferred by section 301(a)(5) of the Higher Education Amendments of 1998 (Public Law 105–244; 112 Stat. 1636), is repealed.
Title III authorizations
Section 399(a) (20 U.S.C. 1068h(a)) is amended—
by
striking 1999
each place it appears and inserting
2007
;
by striking
4 succeeding fiscal years
each place it appears and inserting
5 succeeding fiscal years
;
in paragraph (1)—
by striking
$10,000,000
in subparagraph (B) and inserting
$23,800,000
; and
by striking
$5,000,000
in subparagraph (C) and inserting
$11,900,000
;
in paragraph (2)—
by striking
$135,000,000
in subparagraph (A) and inserting
$241,000,000
; and
by striking
$35,000,000
in subparagraph (B) and inserting
$59,000,000
; and
in
paragraph (4), by striking $110,000
and inserting
$212,000
.
STUDENT ASSISTANCE
GRANTS TO STUDENTS
Pell Grants
Extension of Authority
Section 401(a) (20 U.S.C. 1070a(a)) is amended by
striking 2004
and inserting 2013
.
Direct Payment
Section 401(a) (20 U.S.C. 1070a(a)) is further amended—
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2).
Maximum Pell Grant Increase
Paragraph (2)(A) of section 401(b) 20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows:
The amount of the Federal Pell Grant for a student eligible under this part shall be $6,000 for academic years 2008–2009 through 2013–2014, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.
.
Multiple Grants
Paragraph (5) of section 401(b) (as redesignated by subsection (d)(2)) is amended to read as follows:
Year-round pell grants
In general
The Secretary shall, for students enrolled full time in a baccalaureate or associate’s degree program of study at an eligible institution, award such students not more than two Pell grants during an award year to permit such students to accelerate progress toward their degree objectives by enrolling in academic programs for 12 months rather than 9 months.
Limitation
The Secretary shall limit the awarding of additional Pell grants under this paragraph to students attending—
baccalaureate degree granting institutions that have a graduation rate as reported by the Integrated Postsecondary Education Data System for the 4 preceding academic years of at least 30 percent; or
two-year institutions that have a graduation rate as reported by the Integrated Postsecondary Education Data Systems, in at least one of the last 3 years for which data is available, that is above the average for the applicable year for the institution’s type and control.
Evaluation
The Secretary shall conduct an evaluation of the program under this paragraph and submit to the Congress an evaluation report no later than October 1, 2011.
Regulations required
The Secretary shall promulgate regulations implementing this paragraph.
.
Ineligibility Based on Involuntary Civil Commitment for Sexual Offenses
Paragraph (7) of section 401(b) (as redesignated by
subsection (d)(2)) is amended by inserting before the period the following:
or who is subject to an involuntary civil commitment upon completion of
a period of incarceration for a forcible or nonforcible sexual offense (as
determined in accordance with the Federal Bureau of Investigation’s Uniform
Crime Reporting Program)
.
Pell Grant Eligibility Duration
Section 401(c) (20 U.S.C. 1070a(c)) is amended—
in paragraph (1)—
by striking
The period
and inserting in lieu thereof Subject to
paragraph (5), the period
; and
by striking the
period at the end thereof and inserting but shall be subject to the
limitation described in paragraph (5).
; and
by adding at the end the following new paragraph:
The period during which a student may receive Federal Pell Grants shall not exceed the equivalent of 18 semesters or 27 quarters in duration (as determined by the Secretary by regulation), without regard to whether the student is enrolled on a full-time basis during any portion of that period, and including any period of time for which the student received Federal Pell Grants prior to the date of enactment of the College Access and Opportunity Act of 2006.
.
Eligibility Period
Section 401(c)(2) (20 U.S.C. 1070a(c)(2)) is amended by
inserting , for not more than one academic year,
after
which are determined by the institution
in the first
sentence.
Academic Competitiveness Grant Eligibility
Section 401A(c)(3) (as added by section
8003 of the Higher Education Reconciliation Act of 2005) is amended by striking
established by a State or local educational agency and recognized as
such by the Secretary
each place it appears in subsections (c)(3)(A)(i)
and (c)(3)(B)(i) and inserting that prepares students for college and
work beyond the basic graduation requirements and that is recognized as such by
the designated State official, or with respect to any private school or home
school, the designated school official for such school
.
Conforming amendment
Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 through 1070a–35) is repealed.
Effective Date
The amendments made by this section shall be effective with respect to academic years beginning on or after July 1, 2008.
TRIO programs
Duration of Grants
Amendment
Section 402A(b)(2) (20 U.S.C. 1070a–11(b)(2)) is amended to read as follows:
Duration
Grants or contracts awarded under this chapter shall be awarded for a period of 5 years, except that—
grants under section 402G shall be awarded for a period of 2 years; and
grants under section 402H shall be awarded for a period determined by the Secretary.
.
Transition to synchronous grant periods
Notwithstanding section 402A(b)(2) of the Higher Education Act of 1965 (as in effect both prior to and after the amendment made by paragraph (1) of this subsection), the Secretary of Education may continue an award made before the date of enactment of this Act under section 402B, 402C, 402D, 402E, or 402F of such Act as necessary to permit all the awards made under such a section to expire at the end of the same fiscal year, and thereafter to expire at the end of 5 years as provided in the amendment made by paragraph (1) of this subsection.
Minimum Grants
Section 402A(b)(3) (20 U.S.C. 1070a–11(b)(3)) is amended to read as follows:
Minimum grants
Unless the institution or agency requests a smaller amount, individual grants for programs authorized under this chapter shall be no less than $200,000, except that individual grants for programs authorized under section 402G shall be no less than $170,000.
.
Application Status; Foster Care Coordination
Paragraph (7) of section 402A(c) (20 U.S.C. 1070a–11(c)(7)) is amended to read as follows:
Coordination
Each applicant for funds under the programs authorized by this chapter shall identify services to foster care youth as a permissible service in those programs, and ensure that such youth receive supportive services, including mentoring, tutoring, and other services provided by those programs.
.
Documentation of Status
Section 402A(e) (20 U.S.C. 1070a–11(e)) is amended by
striking (g)(2)
each place it appears in paragraphs (1) and (2)
and inserting (i)(4)
.
Homeless and Unaccompanied Youth
Section 402A(e) is further amended by adding at the end the following new paragraph:
Notwithstanding this subsection and subsection (i)(4), individuals who are homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act shall be eligible to participate in programs under sections 402B, 402C, 402D, and 402F of this chapter.
.
Authorization of Appropriations
Section 402A(f) (20 U.S.C. 1070a–11(f)) is amended
by striking $700,000,000 for fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal years
and inserting
$836,500,000 for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years
.
Definition
Section 402A(g) (20 U.S.C. 1070a–11(g)) is amended—
in paragraph (3)—
by striking
by reason of such individual’s age
;
in subparagraph
(A), by striking or
at the end;
in subparagraph
(B), by striking the period and inserting ; or
; and
by adding at the end the following new subparagraph (C):
was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) on or after September 11, 2001.
;
by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and
by inserting before paragraph (3), as redesignated, the following:
Different campus
The term different campus means an institutional site that—
is geographically apart from the main campus of the institution;
is permanent in nature; and
offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.
Different population
The term different population means a group of individuals, with respect to whom an entity seeks to serve through an application for funding under this chapter, that—
is separate and distinct from any other population that the entity seeks to serve through an application for funding under this chapter; or
while sharing some of the same needs as another population that the entity seeks to serve through an application for funding under this chapter, has distinct needs for specialized services.
.
Education and Counseling Services
Chapter 1 of subpart 2 of part A of title IV is further amended—
in section 402B(b) (20 U.S.C. 1070a–12(b))—
by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively;
by inserting after paragraph (2) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;
; and
in paragraph (11),
as redesignated by subparagraph (A), by striking paragraphs (1) through
(9)
and inserting paragraphs (1) through (10)
;
in section 402C (20 U.S.C. 1070a–13)—
in subsection (b)—
by redesignating paragraphs (2) through (12) as paragraphs (3) through (13), respectively;
by inserting after paragraph (1) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;
;
in
paragraph (12), as redesignated by clause (i), by inserting ,
specifically in the fields of math and science
after
postsecondary education
; and
in
paragraph (13), as redesignated by clause (i), by striking paragraphs
(1) through (11)
and inserting paragraphs (1) through
(12)
; and
in subsection (e),
by striking subsection (b)(10)
and inserting subsection
(b)(11)
;
in section 402D(b) (20 U.S.C. 1070a–14(b))—
by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively;
by inserting after paragraph (1) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students;
; and
in paragraph (11),
as redesignated by subparagraph (A), by striking paragraphs (1) through
(9)
and inserting paragraphs (1) through (10)
;
in section 402E(b) (20 U.S.C. 1070a–15(b))—
by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and
by inserting after paragraph (6) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;
; and
in section 402F(b) (20 U.S.C. 1070a–16(b))—
by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively;
by inserting after paragraph (3) the following:
education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;
; and
in paragraph (11),
as redesignated by subparagraph (A), by striking paragraphs (1) through
(9)
and inserting paragraphs (1) through (10)
.
Maximum Stipends
Section 402C(e) (20 U.S.C. 1070a–13(e)) is amended—
by
striking $60
and inserting $100
; and
by striking
$40
and inserting $60
.
Student Support Services
Section 402D(d)(6) (20 U.S.C. 1070a–14(d)(6)) is amended—
by
striking and
at the end of subparagraph (A);
by
striking the period at the end of subparagraph (B) and inserting ;
and
; and
by inserting after subparagraph (B) the following new subparagraph:
working with other entities that serve low-income working adults to increase access to and successful progress in postsecondary education by low-income working adults seeking their first postsecondary degree or certificate.
.
Postbaccalaureate Achievement Maximum Stipends
Section 402E(e)(1) (20 U.S.C.
1070a–15(e)(1)) is amended by striking $2,800
and inserting
$5,000
.
Educational Opportunity Centers: Application Approval
Section 402F(c) (20 U.S.C. 1070a–16(c)) is amended—
by striking
and
at the end of paragraph (2);
by striking the
period at the end of paragraph (3) and inserting ; and
;
and
by inserting after paragraph (3) the following new paragraph:
consider the extent to which the proposed project would provide services to low-income working adults in the region to be served, in order to increase access to postsecondary education by low-income working adults.
.
GAO Study of Allocation of Funds
Study required
The Comptroller General shall conduct a study of the Federal TRIO Programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) to examine the allocation of funds procedures for such programs. Such study shall—
examine the consideration of prior experience of service delivery and its impact on grant applicants who have prior experience as compared to those who do not have prior experience; and
examine the impact of the prior experience consideration in distribution of funds across programs and the impact of maintaining continuation of older programs on the success rate of accomplishing the goals of the program.
Report
The Comptroller General shall submit a report on the study required by paragraph (1) within one year of the date of enactment of this Act to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
TRIO reform
Performance Measures
Section 402A (20 U.S.C. 1070a–11) is amended—
by redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (g), (h), and (i), respectively; and
by inserting after subsection (b) the following new subsection:
Performance Measures
In general
The Secretary shall establish expected program outcomes and procedures for measuring, annually and for longer periods, the quality and effectiveness of programs operated under this chapter, and the impact of these programs in supporting the attainment of higher education for students from disadvantaged backgrounds, particularly low-income individuals, prospective first-generation college students, and individuals with disabilities.
Use of measures
The performance measures described in paragraph (1) shall consider demographic and geographic variation and be used to—
assess the impact of the specific services provided by recipients of grants or contracts under this chapter and, to the extent the Secretary finds appropriate, administrative and financial management practices of such programs;
identify strengths and weaknesses in the provision of services provided by grantees under this chapter;
identify project operations that may require training and technical assistance resources.
Additional measures
In addition to the performance measures in paragraph (1), each grant recipient may establish local performance measures.
.
Selection
Subsection (d) of such section (as redesignated by subsection (a)(1) of this section) is amended—
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and
by inserting after paragraph (1) the following new paragraph:
Selection
In general
In awarding grants from among qualified applicants, the Secretary shall consider the effectiveness of each applicant in providing services under this chapter, based on—
the plan of such applicant to deliver program services and achieve expected program outcomes established by the Secretary;
the plan of such applicant to coordinate program services with other programs for disadvantaged students; and
any prior experience of such applicant in achieving expected program outcomes under this chapter.
Additional criteria
The Secretary may establish additional selection criteria as necessary to identify the most qualified applicants.
.
Prior Experience
Paragraph (3) of such subsection (d) (redesignated by subsection (b)(1) of this section) is amended—
by
striking subparagraph (A) and inserting (A) In making grants under this
chapter, the Secretary shall use the measures described in subsection (c)(1) to
evaluate each applicant’s prior experience in achieving expected program
outcomes under the particular program for which funds are sought.
;
and
by adding at the end the following new subparagraph:
The Secretary shall not give prior experience points to any current grantee that during the then most recent period for which funds were provided—
failed to meet one or more expected program outcomes based on the performance measures described in subsection (c); or
expended funds for indirect costs in an amount that exceeded 8 percent of the total grant award.
.
Order of Awards
Paragraph (4) of such subsection (d) (as redesignated by subsection (b)(1) of this section) is amended—
in subparagraph (A)—
by striking
under paragraph (4)
and inserting under paragraph
(5)
; and
by striking
with paragraph (2)
and inserting with paragraph
(3)
; and
by amending subparagraph (B) to read as follows:
The Secretary shall not provide assistance to an entity if the Secretary has determined that such entity has involved the fraudulent use of public or private funds.
.
Technical Assistance
Paragraph (3) of subsection (e) of such section (as redesignated by subsection (a)(1) of this section) is amended to read as follows:
Technical assistance
The Secretary shall provide technical assistance to applicants for projects and programs authorized under this chapter. The Secretary shall give priority to serving programs and projects that serve geographic areas and eligible populations which have been underserved by the programs assisted under this chapter. Technical training activities shall include the provision of information on authorizing legislation, goals and objectives of the program, required activities, eligibility requirements, the application process and application deadlines, and assistance in the development of program proposals and the completion of program applications.
.
Recordkeeping and Reporting
Section 402A is further amended by inserting after subsection (e) of such section (as redesignated by subsection (a)(1) of this section) the following new subsection:
Recordkeeping and Reporting
In general
The Secretary shall establish uniform reporting requirements and require each recipient of funds under this chapter to submit annually and in electronic form such information in such manner and form and at such time as the Secretary may require, except that reporting such information shall not reveal personally identifiable information about an individual student.
Report to congress
At least once every 2-year period, the Secretary shall prepare and submit to the authorizing committees, a report on the services provided to students that shall include—
a statement for the then most recently concluded fiscal year specifying—
the amount of funds received by grantees to provide services under this chapter; and
the amount of funds received by new grantees to provide services under this chapter;
a description of the specific services provided to students;
a summary of the overall success in achieving specific program outcomes or progress toward such outcomes;
a report of the number of students served by types of service received;
information summarizing the types of organizations that received funds under this chapter; and
a summary of the research and evaluation activities under section 402H, including—
a status report on ongoing activities; and
results, conclusions, and recommendations based on the most recent report available
.
Increased Monitoring
Subsection (h) of such section (as redesignated by
subsection (a)(1) of this section) is amended by striking everything after the
first sentence and inserting the following: Of the amount appropriated
under this chapter, the Secretary may use no more than one half of 1 percent of
such amount to support the administration of the Federal TRIO programs
including to increase the level of oversight monitoring, to support impact
studies, program assessments and reviews, and to provide technical assistance
to prospective applicants and current grantees.
.
Expected Program Outcomes
Section 402B (20 U.S.C. 1070a–12) is amended by adding at the end the following new subsection:
Expected Program Outcomes
For the purposes of assessing an applicant’s performance under section 402A(c)(1), and prior experience under section 402A(d)(3), the Secretary shall consider—
the rate of college enrollment of students served by the program;
the continued secondary school enrollment of participating students;
the graduation of participating students from secondary school;
the delivery of services described in the application approved by the Secretary; and
other such outcomes the Secretary may require.
.
Section 402C (20 U.S.C. 1070a–12) is amended by adding at the end the following new subsection:
Expected Program Outcomes
For the purposes of assessing an applicant’s performance under section 402A(c)(1), and prior experience under section 402A(d)(3), the Secretary shall consider—
the rate of college enrollment of students served by the program;
the persistence of students in postsecondary education;
the delivery of services described in the application approved by the Secretary;
the academic achievement of participating students; and
other such outcomes the Secretary may require.
.
Section 402D (20 U.S.C. 1070a–12) is amended by adding at the end the following new subsection:
Expected Program Outcomes
For the purposes of assessing an applicant’s performance under section 402A(c)(1), and prior experience under section 402A(d)(3), the Secretary shall consider—
the persistence in postsecondary education of all students served by the program;
in the case of a grant recipient that is an institution of higher education offering a baccalaureate degree, the number of participating students who completed degree programs in which such students were enrolled; or
in the case of a grant recipient that is an institution of higher education not offering a baccalaureate degree, the number of participating students who—
completed degree or certificate programs; and
transferred to institutions of higher education offering baccalaureate degrees;
the delivery of services described in the application approved by the Secretary; and
other such outcomes the Secretary may require.
.
Section 402E (20 U.S.C. 1070a–12) is amended by striking subsection (f) and inserting the following:
Expected Program Outcomes
For the purposes of assessing an applicant’s performance under section 402A(c)(1), and prior experience under section 402A(d)(3), the Secretary shall consider—
the rate of graduate school enrollment of participating students;
the attainment of doctoral degrees by participating students;
the delivery of services described in the application approved by the Secretary; and
other such outcomes as required by the Secretary.
.
Section 402F (20 U.S.C. 1070a–12) is amended by adding at the end the following new subsection:
Expected Program Outcomes
For the purposes of assessing an applicant’s performance under section 402A(c)(1), and prior experience under section 402A(d)(3), the Secretary shall consider—
the rate of college enrollment of participating students;
the provision of assistance to students served by the program in completing financial aid applications and college admission applications;
the delivery of services described in the application approved by the Secretary; and
other such outcomes as required by the Secretary.
.
Staff Development
Section 402G (20 U.S.C. 1070a–17) is amended to read as follows:
Staff development activities
Secretary’s Authority
For the purpose of improving the operation of the programs and projects authorized by this chapter, the Secretary is authorized to make grants to institutions of higher education and other public and private nonprofit institutions and organizations to provide training and technical assistance for staff and leadership personnel employed in, participating in, or preparing for employment in, such programs and projects.
Contents of Training Programs
Such training shall be provided to assist programs and projects in—
achieving the expected program outcomes stated under this chapter or additional outcomes identified by individual programs or projects;
addressing any identified program weaknesses in the overall development, conduct, or administration of a grant or contract;
improving the quality of services provided to eligible students; or
additional areas in need of program improvement as identified by the Secretary or as requested by grantees in order to enhance program operations and outcomes.
Consultation
Grants for the purposes of this section shall be made only after consultation with regional and State professional associations of persons having special knowledge with respect to the needs and problems of such programs and projects.
.
Evaluations
Section 402H (20 U.S.C. 1070a–18) is amended to read as follows:
Evaluations
Evaluations
In general
For the purpose of improving the effectiveness of the programs and projects assisted under this chapter, the Secretary shall make grants to or enter into contracts with one or more organizations to—
evaluate the effectiveness of the programs and projects assisted under this chapter; and
disseminate information on the impact of the programs in increasing the education level of participating students, as well as other appropriate measures.
Issues to be evaluated
The evaluations described in paragraph (1) shall measure the effectiveness of programs under this chapter in—
meeting the expected program outcomes stated under this chapter and all performance measures identified by the Secretary;
enhancing the access of low-income individuals and first-generation college students to postsecondary education;
preparing individuals and students for postsecondary education;
comparing the level of education completed by students who participate in the programs funded under this chapter with the level of education completed by students of similar backgrounds who do not participate in such programs;
comparing the retention rates, dropout rates, graduation rates, and college admission and completion rates of students who participate in the programs funded under this chapter with the rates of students of similar backgrounds who do not participate in such programs; and
such other issues as the Secretary considers appropriate for inclusion in the evaluation.
Program methods
Such evaluations shall also investigate the effectiveness of alternative and innovative methods within Federal TRIO programs of increasing access to, and retention of, students in postsecondary education.
Results
The Secretary shall submit to the authorizing committees—
an annual interim report on the progress and preliminary results of the evaluation of each program funded under this chapter no later than 2 years following the date of enactment of the College Access and Opportunity Act of 2007; and
a final report not later than 3 years following the date of enactment of such Act.
Public Availability
All reports and underlying data gathered pursuant to this section shall be made available to the public upon request, in a timely manner following submission of the applicable reports under subsection (b), except that any personally identifiable information on students participating in any TRIO program shall not be disclosed or made available to the public.
.
GEARUP
Duration of Awards
Section 404A(b) (20 U.S.C. 1070a–21(b)) is amended—
in
paragraph (2)(B), by striking Higher Education Amendments of
1998
and inserting College Access and Opportunity Act of
2006
; and
by adding at the end thereof the following new paragraph:
Duration
An award made by the Secretary under this chapter to an eligible entity described in paragraph (1) or (2) of subsection (c) shall be for the period of 7 years.
.
Continuing Eligibility
Section 404A (20 U.S.C. 1070a–21) is amended by adding at the end the following new subsection:
Continuing Eligibility
An eligible entity shall not cease to be an eligible entity upon the expiration of any grant under this chapter (including a continuation award).
.
Foster Care Coordination
Section 404B(c) (20U.S.C. 1070a–22(c)) is amended by adding at the end the following new sentence:
Each applicant for funds under the programs authorized by this chapter shall identify services to foster care youth as a permissible service in those programs, and ensure that such youth receive supportive services, including mentoring, tutoring, and other services provided by those programs.
.
Continuity of Service
Cohort approach
Section 404B(g)(1)(B) (20 U.S.C. 1070a–22(g)(1)(B)) is
amended by inserting and provide the option of continued services
through the student’s first year of attendance at an eligible institution of
higher education
after grade level
.
Early intervention
Section 404D (20 U.S.C. 1070a–24) is amended—
in subsection (a)(1)(B)—
by
striking and
at the end of clause (ii);
by
striking the period at the end of clause (iii) and inserting ;
and
; and
by adding at the end the following new clause:
the transition to college or post-secondary education through continuity of services to support students in and through the first year of attendance at an institution of higher education.
;
in subsection
(b)(2)(A), by inserting and students in the first year of attendance at
an eligible institution of higher education
after grade
12
; and
in subsection (c),
by inserting , and may consider students in their first year of
attendance at an eligible institution,
after grade
12
.
Coordination
Section 404C(a)(2) (20 U.S.C. 1070a–23(a)(2)) is amended—
by striking
and
at the end of subparagraph (A);
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following new subparagraph:
describe activities for coordinating, complementing, and enhancing services under this chapter provided by other eligible entities in the State; and
.
Education and Counseling Services
Section 404D(b)(2)(A)(ii) (20 U.S.C.
1070a–24(b)(2)(A)(ii)) is amended by striking and academic
counseling
and inserting academic counseling, and financial
literacy and economic literacy education or counseling
.
Uses of funds
Permissible activities
Section 404D(b)(2) is further amended by adding at the end of the following new subparagraphs:
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.
Disseminating information that promotes the importance of higher education, explains college preparation and admission requirements, and raises awareness of the resources and services provided by the eligible entities described in section 404A(c) to eligible students, their families, and communities.
.
Additional permissible activities for states
Section 404D(b) is further amended by adding at the end the following new paragraph:
Additional permissible activities for states
In meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter may, in addition to the activities authorized by paragraph (2), use funds to providing technical assistance to—
middle schools or secondary schools that are located within the State; or
partnerships described in section 404A(c)(2) that are located within the State.
.
Homeless and Unaccompanied Youth
Section 404D is further amended by adding at the end the following new subsection:
Homeless and Unaccompanied Youth
Notwithstanding any other provision of this chapter, individuals who are homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act shall be eligible to participate in programs under this section.
.
Reauthorization
Section
404H (20 U.S.C. 1070a–28) is amended by striking $200,000,000 for fiscal
year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal
years
and inserting $306,500,000 for fiscal year 2008 and such
sums as may be necessary for each of the 5 succeeding fiscal
years
.
Federal Supplemental Educational Opportunity Grants
Authorization of Appropriations
Section 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is
amended by striking $675,000,000 for fiscal year 1999 and such sums as
may be necessary for the 4 succeeding fiscal years
and inserting
$779,000,000 for fiscal year 2008 and such sums as may be necessary for
the 5 succeeding fiscal years
.
Priority of Awards
Paragraph (2) of section 413C(c) (20 U.S.C. 1070b–2(c)(2)) is amended to read as follows:
In carrying out paragraph (1) of this subsection, each institution of higher education shall, in the agreement made under section 487, assure that the selection procedures—
will give a priority for supplemental grants under this subpart to students who receive Pell Grants and meet the requirements of section 484; and
will award no more than 10 percent of each institution’s allocation received under section 413D to students who did not receive Federal Pell Grants in a prior year.
.
Eligibility for Additional Allocations
Section 413D(a)(4) (20 U.S.C. 1070b–3(a)(4)) is amended by striking subparagraph (B) and inserting the following:
An otherwise eligible institution may receive a portion of the allocation described in subparagraph (A) if—
not less than 10 percent of the undergraduate, degree- or certificate-seeking students attending the institution receive Federal Pell Grants; and
in the case of an institution that offers programs of at least 4 years in duration, if its graduation rate for Federal Pell Grant recipients attending the institution and graduating within the period of time equal to normal duration of the longest undergraduate program offered by the institution, as measured from the first day of their enrollment, exceeds the median rate for the class of institution (as defined in section 131(f)(7)(C)); or
in the case of an institution that offers programs of at least 2, but less than 4, years in duration, if its rate for Federal Pell Grant recipients attending the institution and graduating or transferring to an institution that offers programs of at least 4 years in duration within the period of time equal to the normal duration of the program offered, as measured from the first day of their enrollment, exceeds the median rate for the class of institution (as defined in section 131(f)(7)(C)).
.
Books and Supplies
Section 413D(c)(3)(D) (20 U.S.C. 1070–3(c)(3)(D)) is
amended by striking $450
and inserting
$600
.
LEAP
Section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
HEP/CAMP program
Section 418A (20 U.S.C. 1070d–2) is amended—
in subsection
(b)(1)(B)(i), by inserting , or whose spouse
after
themselves
;
in subsection
(b)(3)(B), by inserting , including preparation for college entrance
exams
after program
;
in
subsection (b)(8), by inserting , including child care and
transportation
after supportive services
;
by striking
and
at the end of subsection (b)(7), by striking the period at
the end of subsection (b)(8) and inserting ; and
, and by adding
at the end of subsection (b) the following new paragraph:
follow-up activity and reporting requirements, except that not more than 2 percent of the funds provided under this section may be used for such purposes.
;
in subsection
(c)(1)(A), by inserting , or whose spouse
after
themselves
;
in subsection (c)(1)(B), by striking clause (i) and inserting the following:
personal, academic, career, and economic education or personal finance counseling as an ongoing part of the program;
;
in subsection
(c)(2)(B), by inserting (including mentoring and guidance of such
students)
after services
;
in subsection
(c)(2), by striking and
at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and inserting ;
and
, and by adding at the end of subsection (c)(2) the following new
subparagraph:
for students in any program that does not award a bachelor’s degree, encouraging the transfer to, and persistence in, such a program, and monitoring the rate of such transfer, persistence, and completion.
;
in subsection (e),
by striking section 402A(c)(1)
and inserting section
402A(c)(2)
;
in subsection (h)—
in paragraph (1),
by striking $15,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years
and inserting
$24,000,000 for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years
; and
in paragraph (2),
by striking $5,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years
and inserting
$16,000,000 for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years
; and
by redesignating subsection (h) as subsections (i) and inserting before such subsection the following new subsection:
Technical Assistance
The Secretary may reserve up to one-half of one percent of funds appropriated under subsection (i) for technical assistance activities for program improvement, including data collection and evaluation.
.
Robert C. Byrd Honors Scholarship Program
Subpart 6 of part A of title IV is amended to read as follows:
Robert C. Byrd American Competitiveness Program
Robert C. Byrd mathematics and science honors scholarship program
Purpose
The purpose of this section is to award scholarships to students who are enrolled in studies leading to baccalaureate and advanced degrees in physical, life, or computer sciences, mathematics, and engineering.
Definitions
As used in this section—
the term computer science means the branch of knowledge or study of computers, including such fields of knowledge or study as computer hardware, computer software, computer engineering, information systems, and robotics;
the term eligible student means a student who—
is a citizen of the United States;
is selected by the managing agent to receive a scholarship;
is enrolled full-time in an institution of higher education, other than a United States service academy; and
has shown a commitment to and is pursuing a major in studies leading to a baccalaureate, masters, or doctoral degree (or a combination thereof) in physical, life, or computer sciences, mathematics, or engineering;
the term engineering means the science by which the properties of matter and the sources of energy in nature are made useful to humanity in structures, machines, and products, as in the construction of engines, bridges, buildings, mines, and chemical plants, including such fields of knowledge or study as aeronautical engineering, chemical engineering, civil engineering, electrical engineering, industrial engineering, materials engineering, manufacturing engineering, and mechanical engineering;
the term life sciences means the branch of knowledge or study of living things, including such fields of knowledge or study as biology, biochemistry, biophysics, microbiology, genetics, physiology, botany, zoology, ecology, and behavioral biology, except that the term does not encompass social psychology or the health professions;
the term managing agent means an entity to which an award is made under subsection (c) to manage a program of Mathematics and Science Honors Scholarships;
the term mathematics means the branch of knowledge or study of numbers and the systematic treatment of magnitude, relationships between figures and forms, and relations between quantities expressed symbolically, including such fields of knowledge or study as statistics, applied mathematics, and operations research; and
the term physical sciences means the branch of knowledge or study of the material universe, including such fields of knowledge or study as astronomy, atmospheric sciences, chemistry, earth sciences, ocean sciences, physics, and planetary sciences.
Award
From funds authorized under section 419F to carry out this section, the Secretary is authorized, through a grant or cooperative agreement, to make an award to a private, non-profit organization, other than an institution of higher education or system of institutions of higher education, to manage, through a public and private partnership, a program of Mathematics and Science Honors Scholarships under this section.
The award under subparagraph (A) shall be for a five-year period.
One hundred percent of the funds awarded under paragraph (1)(A) for any fiscal year shall be obligated and expended solely on scholarships to eligible students.
No Federal funds shall be used to provide more than 50 percent of the cost of any scholarship to an eligible student.
The maximum scholarship award shall be the difference between an eligible student’s cost of attendance minus any non-loan based aid such student receives.
The secretary may establish—
eligibility criteria for applicants for managing agent, including criteria regarding financial and administrative capability; and
operational standards for the managing agent, including management and performance requirements, such as audit, recordkeeping, record retention, and reporting procedures and requirements.
The Secretary, as necessary, may review and revise any criteria, standards, and rules established under this paragraph and, through the agreement with the managing agent, see that any revisions are implemented.
If the managing agent fails to meet the requirements of this section the Secretary may terminate the award to the managing agent.
The Secretary shall conduct outreach efforts to help raise awareness of the Mathematics and Science Honors Scholarships.
Duties of the Managing Agent
The managing agent shall—
develop criteria to award Mathematics and Science Honors Scholarships based on established measurements available to secondary students who wish to pursue degrees in physical, life, or computer sciences, mathematics, and engineering;
establish a Mathematics and Science Honors Scholarship Fund in a separate, named account that clearly discloses the amount of Federal and non-Federal funds deposited in the account and used for scholarships under this section;
solicit funds for scholarships and for the administration of the program from non-Federal sources;
solicit applicants for scholarships;
from the amounts in the Fund, award scholarships to eligible students and transfer such funds to the institutions of higher education that they attend;
annually submit to the Secretary a financial audit and a report on the progress of the program, and such other documents as the Secretary may require to determine the effective management of the program; and
shall not develop a criteria that discriminates against a student based on the type of program in which the student completed his or her secondary education.
Applications
Any eligible entity that desires to be the managing agent under this section shall submit an application to the Secretary, in such form and containing such information, as the Secretary may require.
Each application shall include a description of—
how the applicant meets or will meet requirements established under subsections (c)(3)(A) and (d);
how the applicant will solicit funds for scholarships and for the administration of the program from non-Federal sources;
how the applicant will provide nationwide outreach to inform students about the program and to encourage students to pursue degrees in physical, life, or computer sciences, mathematics, and engineering;
how the applicant will solicit applications for scholarships, including how the applicant will balance efforts in urban and rural areas;
the selection criteria based on established measurements available to secondary students the applicant will use to award scholarships and to renew those awards;
how the applicant will inform the institution of higher education chosen by the recipient of the name and scholarship amount of the recipient;
what procedures and assurances the applicant and the institution of higher education that the recipient attends will use to verify student eligibility, attendance, degree progress, and academic performance and to deliver and account for payments to such institution;
the management (including audit and accounting) procedures the applicant will use for the program;
the human, financial, and other resources that the applicant will need and use to manage the program;
how the applicant will evaluate the program and report to the Secretary annually; and
a description of how the entity will coordinate with, complement, and build on similar public and private mathematics and science programs.
Scholarship Recipients
A student
receiving a scholarship under this section shall be known as a Byrd
Mathematics and Science Honors Scholar
.
Any student desiring to receive a scholarship under this section shall submit an application to the managing agent in such form, and containing such information, as the managing agent may require.
Any student that receives a scholarship under this section shall enter into an agreement with the managing agent to complete 5 consecutive years of service to begin no later than 12 months following completion of the final degree in a position related to the field in which the student obtained the degree.
If any student that receives a scholarship under this section fails to earn at least a baccalaureate degree in physical, life, or computer sciences, mathematics, or engineering as defined under this section, the student shall repay to the managing agent the amount of any financial assistance paid to such student.
If any student that receives a scholarship under this section fails to meet the requirements of paragraph (3), the student shall repay to the managing agent the amount of any financial assistance paid to such student.
Scholarships shall be awarded for only one academic year of study at a time.
A scholarship shall be renewable on an annual basis for the established length of the academic program if the student awarded the scholarship remains eligible.
The managing agent may condition renewal of a scholarship on measures of academic progress and achievement, with the approval of the Secretary.
If a student fails to either remain eligible or meet established measures of academic progress and achievement, the managing agent shall instruct the student’s institution of higher education to suspend payment of the student’s scholarship.
A suspension of payment shall remain in effect until the student is able to demonstrate to the satisfaction of the managing agent that he or she is again eligible and meets the established measures of academic progress and achievement.
A student’s eligibility for a scholarship shall be terminated if a suspension period exceeds 12 months.
A student awarded a scholarship may, in a manner and under the terms established by, and with the approval of, the managing agent, postpone or interrupt his or her enrollment at an institution of higher education for up to 12 months.
Such a postponement or interruption shall not be considered a suspension for purposes of subparagraph (C).
Neither a student nor the student’s institution of higher education shall receive the student’s scholarship payments during the period of postponement or interruption, but such payments shall resume upon enrollment or reenrollment.
In exceptional circumstances, such as serious injury or illness or the necessity to care for family members, the student’s postponement or interruption may, upon notification and approval of the managing agent, be extended beyond the 12 month period described in clause (i)(I).
Responsibilities of Institution of Higher Education
The managing agent shall require any institution of higher education that enrolls a student who receives a scholarship under this section to annually provide an assurance, prior to making any payment, that the student—
is eligible in accordance with subsection (b)(2); and
has provided the institution with a written commitment to attend, or is attending, classes and is satisfactorily meeting the institution’s academic criteria for enrollment in its program of study.
The managing agent shall provide the institution of higher education with payments from the Fund for selected recipients in at least two installments.
An institution of higher education shall return prorated amounts of any scholarship payment to the managing agent, who shall deposit it in to the Fund, if a recipient declines a scholarship, does not attend courses, transfers to another institution of higher education, or becomes ineligible for a scholarship.
Mathematics and science incentive program
Program
In general
The Secretary is authorized to carry out a program of assuming the obligation to pay, pursuant to the provisions of this section, the interest on a loan made, insured, or guaranteed under part B or D of this title.
Eligibility
The Secretary may assume interest payments under paragraph (1) only for a borrower who—
has submitted an application in compliance with subsection (d);
obtained one or more loans described in paragraph (1) as an undergraduate student;
is a new borrower (within the meaning of section 103(7) of this Act) on or after the date of enactment of the College Access and Opportunity Act of 2007;
is a highly qualified teacher (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of science, technology, engineering or mathematics at an elementary or secondary school in a high need local educational agency, or is a mathematics, science, or engineering professional; and
enters into an agreement with the Secretary to complete 5 consecutive years of service in a position described in subparagraph (D), starting on the date of the agreement.
Prior interest limitations
The Secretary shall not make any payments for interest that—
accrues prior to the beginning of the repayment period on a loan in the case of a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan; or
has accrued prior to the signing of an agreement under paragraph (2)(E).
Initial selection
In selecting participants for the program under this section, the Secretary—
shall choose among eligible applicants on the basis of—
the national security, homeland security, and economic security needs of the United States, as determined by the Secretary, in consultation with other Federal agencies, including the Departments of Labor, Defense, Homeland Security, Commerce, and Energy, the Central Intelligence Agency, and the National Science Foundation; and
the academic record or job performance of the applicant; and
may choose among eligible applicants on the basis of—
the likelihood of the applicant to complete the 5-year service obligation;
the likelihood of the applicant to remain in science, mathematics, or engineering after the completion of the service requirement; or
other relevant criteria determined by the Secretary.
Availability subject to appropriations
Loan interest payments under this section shall be subject to the availability of appropriations. If the amount appropriated for any fiscal year is not sufficient to provide interest payments on behalf of all qualified applicants, the Secretary shall give priority to those individuals on whose behalf interest payments were made during the preceding fiscal year.
Regulations
The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.
Duration and Amount of Interest Payments
The period during which the Secretary shall pay interest on behalf of a student borrower who is selected under subsection (a) is the period that begins on the effective date of the agreement under subsection (a)(2)(E), continues after successful completion of the service obligation, and ends on the earlier of—
the completion of the repayment period of the loan;
payment by the Secretary of a total of $5,000 on behalf of the borrower;
if the borrower ceases to fulfill the service obligation under such agreement prior to the end of the 5-year period, as soon as the borrower is determined to have ceased to fulfill such obligation in accordance with regulations of the Secretary; or
6 months after the end of any calendar year in which the borrower’s gross income equals or exceeds 4 times the national per capita disposable personal income (current dollars) for such calendar year, as determined on the basis of the National Income and Product Accounts Tables of the Bureau of Economic Analysis of the Department of Commerce, as determined in accordance with regulations prescribed by the Secretary.
Repayment to Eligible Lenders
Subject to the regulations prescribed by the Secretary by regulation under subsection (a)(6), the Secretary shall pay to each eligible lender or holder for each payment period the amount of the interest that accrues on a loan of a student borrower who is selected under subsection (a).
Application for Repayment
In general
Each eligible individual desiring loan interest payment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
Failure to complete service agreement
Such application shall contain an agreement by the individual that, if the individual fails to complete the 5 consecutive years of service required by subsection (a)(2)(E), the individual agrees to repay the Secretary the amount of any interest paid by the Secretary on behalf of the individual.
Treatment of Consolidation Loans
A consolidation loan made under section 428C of this Act, or a Federal Direct Consolidation Loan made under part D of title IV of this Act, may be a qualified loan for the purpose of this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay—
a loan made under section 428 or 428H of this Act; or
a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of this Act.
Prevention of Double Benefits
No borrower may, for the same service, receive a benefit under both this section and—
any loan forgiveness program under title IV of this Act; or
subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).
Definitions
As used in this section—
the term high need local educational agency has the same meaning given such term in section 201(b)(4); and
the term mathematics, science, or engineering professional means a person who—
holds a baccalaureate, masters, or doctoral degree (or a combination thereof) in science, mathematics, or engineering; and
works in a field the Secretary determines is closely related to that degree, which shall include working as a professor at a two- or four-year institution of higher education.
Adjunct teacher corps
Purpose
It is the purpose of this section to create opportunities for professionals and other individuals with subject-matter expertise to teach secondary school courses in mathematics, science, and critical foreign languages, on an adjunct basis.
Program Authorized
The Secretary is authorized to award grants to eligible entities to recruit and place well-qualified individuals to serve as adjunct teachers in secondary school mathematics, science, and critical foreign language courses.
Eligible Entity
For the purpose of this section, an eligible entity is—
a local educational agency;
a public or private educational organization (which may be a State educational agency); or
a partnership consisting of a local educational agency and a public or private educational organization.
Duration of Grants
The Secretary may award grants under this section for a period of not more than five years.
Priorities
In awarding grants under this section, the Secretary shall give priority to eligible entities that propose to—
serve local educational agencies that have a large number or percentage of students performing below grade level in mathematics, science, and critical foreign language courses;
serve local educational agencies that have a large number or percentage of students from families with incomes below the poverty line; and
recruit adjunct faculty to serve in schools that have an insufficient number of teachers in mathematics, science, and critical foreign languages.
Applications
Application required
To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
Contents
The Application shall, at a minimum, include a description of—
the need for, and expected benefits of using, adjunct teachers in the participating schools, which may include information on the difficulty participating schools face in recruiting qualified faculty in mathematics, science, and critical foreign language courses;
measurable objectives for the project, including the number of adjunct teachers the eligible entity intends to place in classrooms and gains in academic achievement intended to be achieved;
how the eligible entity will recruit qualified individuals and public or private educational organizations to participate in the program;
how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of its program;
how the eligible entity will support and continue the program after the grant has expired, including how it will seek support from other sources, such as State and local government, foundations, and the private sector;
how the eligible entity will address legal, contractual, or administrative barriers to employment of adjunct faculty in the participating State or local educational agency or agencies; and
how the eligible entity will provide pre-service training to selected adjunct teachers, including the on-going mentoring of such teachers by highly qualified teachers.
Uses of Funds
An eligible entity that receives a grant under this section is authorized to use grant funds to carry out one or more of the following activities:
To develop the capacity of the local educational agency or the State educational agency, or both, to identify, recruit, and train qualified individuals outside of the elementary and secondary education system (including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct teachers in mathematics, science, and critical foreign language courses.
To provide signing bonuses and other financial incentives to encourage individuals to become adjunct teachers in mathematics, science, and critical foreign language courses.
To provide pre-service training to adjunct teachers, including the on-going mentoring of such teachers by highly qualified teachers.
To reimburse outside entities for the costs associated with allowing an employee to serve as an adjunct teacher, except that these costs shall not exceed the total cost of salary and benefits for teachers with comparable experience or expertise in the local educational agency.
Matching Requirement
Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant.
Program Performance
Each eligible entity receiving a grant under this section shall prepare and submit to the Secretary a final report on the results of the project that contains such information as the Secretary may require including improvements in academic achievement as a result of instruction from adjunct teachers.
Evaluation
The Secretary shall evaluate the activities funded under this section including the impact of the program on student academic achievement and shall report the results of the evaluation to the appropriate Committees of Congress.
Definitions
As used in this section:
Adjunct teacher
The term adjunct teacher means a teacher who—
possesses, at a minimum, a bachelor’s degree;
has demonstrated expertise in mathematics, science, or a critical foreign language by having met the requirements of section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965; and
is not required to meet the other requirements of section 9101(23) of the Elementary and Secondary Education Act of 1965.
Critical foreign language
The term critical foreign language has the same meaning given such term under section 428K(h).
Authorization of appropriations
There are authorized to be appropriated $41,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years to carry out this subpart.
.
Child care access
Section 419N(g) (20 U.S.C. 1070e(g)) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Learning anytime anywhere partnerships
Repeal
Subpart 8 of part A of title IV (20 U.S.C. 1070f—1070f–6) is repealed.
Conforming Amendment
Section 400(b) (20 U.S.C. 1070(b)) is amended by
striking through 8
and inserting through
7
.
FEDERAL FAMILY EDUCATION LOAN PROGRAM
PLUS loan interest rates
Paragraph (2) of section 427A(l) (20 U.S.C. 1077a(l)(2)) is amended to read as follows:
PLUS loans
Notwithstanding subsection (h), with respect to any loan under section 428B, the applicable rate of interest—
shall be 8.5 percent on the unpaid principal balance of any such loan for which the first disbursement is made on or after July 1, 2006, and before July 1, 2008; and
shall be 7.9 percent on the unpaid principal balance of any such loan for which the first disbursement is made on or after July 1, 2008.
.
Loan forgiveness for service in areas of national need
Section 428K (20 U.S.C. 1078–11) is amended to read as follows:
Loan forgiveness for service in areas of national need
Purposes
The purposes of this section are—
to encourage highly trained individuals to enter and continue in service in areas of national need; and
to reduce the burden of student debt for Americans who dedicate their careers to service in areas of national need.
Program Authorized
In general
The Secretary is authorized to carry out a program of assuming the obligation to repay, subject to paragraphs (2) of subsection (c) and subsection (d), a qualified loan amount for a loan made, insured, or guaranteed under this part or part D (other than loans made under section 428B and 428C and comparable loans made under part D), for any new borrower after the date of enactment of the College Access and Opportunity Act of 2007, who—
has been employed full-time for at least 5 consecutive complete school, academic, or calendar years, as appropriate, in an area of national need described in subsection (c); and
is not in default on a loan for which the borrower seeks forgiveness.
Award basis
Loan repayment under this section shall be on a first-come, first-served basis on behalf of borrowers employed in an area of national need described in subsection (c) and subject to the availability of appropriations.
Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
Areas of National Need
Statutory categories
For purposes of this section, an individual shall be treated as employed in an area of national need if the individual is employed full time and is any of the following:
Early childhood educators
An individual who is employed as an early childhood educator in an eligible preschool program or child care facility in a low-income community, and who is involved directly in the care, development and education of infants, toddlers, or young children through age five.
Nurses
An individual who is employed—
as a nurse in a clinical setting; or
as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
Foreign language specialists
An individual who has obtained a baccalaureate degree in a critical foreign language and is employed—
in an elementary or secondary school as a highly qualified teacher (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) of a critical foreign language; or
in an agency of the United States Government in a position that regularly requires the use of such critical foreign language.
Speech-language pathologists
An individual who is a speech-language pathologist, who is employed in an eligible preschool program or an elementary or secondary school, and who has, at a minimum, a graduate degree in speech-language pathology, or communication sciences and disorders.
Medical specialists
An individual who—
has received his or her degree from an accredited medical school (as accredited by the Liaison Committee on Medical Education or as defined by this title IV); and
has been accepted to, or currently participates in, a graduate medical education training program or fellowship (or both) to provide health care services (as recognized by the Accreditation Council for Graduate Medical Education); or
has been accepted into, or currently participates in, a graduate medical education program or fellowship (or both) to provide health care services that—
requires more than 5 years of total graduate medical training; and
has fewer United States medical school graduate applicants than the total number of training and fellowship positions available in the programs specified in subclause (I) of this clause.
Additional areas of national need
An individual who is employed in an area designated by the Secretary under paragraph (2) and has completed a baccalaureate or advanced degree related to such area.
Designation of areas of national need
After consultation with appropriate Federal, State, and community-based agencies and organizations, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into account the extent to which—
the national interest in the area is compelling;
the area suffers from a critical lack of qualified personnel; and
other Federal programs support the area concerned.
Qualified Loan Amount
Subject to subsection (b)(2), the Secretary shall repay not more than $5,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the fifth consecutive school, academic, or calendar year, as appropriate, described in subsection (b)(1).
Construction
Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under section 428 or 428H.
Ineligibility of National Service Award Recipients
No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).
Ineligibility for Double Benefits
No borrower may receive a reduction of loan obligations under both this section and section 428J or 460.
Definitions
In this section
Child care facility
The term child care facility means a facility, including a home, that—
provides for the education and care of children from birth through age 5; and
meets any applicable State or local government licensing, certification, approval, or registration requirements.
Critical foreign language
The term critical foreign language includes the languages of Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, and any other language identified by the Secretary of Education, in consultation with the Defense Language Institute, the Foreign Service Institute, and the National Security Education Program, as a critical foreign language need.
Early childhood educator
The term early childhood educator means an early childhood educator employed in an eligible preschool program who has completed a baccalaureate or advanced degree in early childhood development, early childhood education, or in a field related to early childhood education.
Eligible preschool program
The term eligible preschool program means a program that provides for the care, development, and education of infants, toddlers, or young children through age 5, meets any applicable State or local government licensing, certification, approval, and registration requirements, and is operated by—
a public or private school that may be supported, sponsored, supervised, or administered by a local educational agency;
a Head Start agency serving as a grantee designated under the Head Start Act (42 U.S.C. 9831 et seq.);
a nonprofit or community based organization; or
a child care program, including a home.
Low-income community
In this subsection, the term low-income community means a community in which 70 percent of households earn less than 85 percent of the State median household income.
Nurse
The term nurse means a nurse who meets all of the following:
The nurse graduated from an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting or from an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
The nurse holds one or more of the following:
A graduate degree in nursing, or an equivalent degree.
A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
Speech-language pathologist
The term speech-language pathologist means a speech-language pathologist who meets all of the following:
the speech-language pathologist has received, at a minimum, a graduate degree in speech-language pathology or communication sciences and disorders from an institution of higher education; and
the speech-language pathologist meets or exceeds the qualifications as defined in section 1861(ll) of the Social Security Act (42 U.S.C. 1395x).
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 such sums as may be necessary for each of the 5 succeeding fiscal years.
.
Additional administrative provisions
Repayment Plans
Section 428(b)(9)(A) (20 U.S.C. 1078(b)(9)(A)) is amended
by inserting before the semicolon at the end of clause (ii) the following:
, and the Secretary may not restrict the proportions or ratios by which
such payments may be graduated with the informed agreement of the
borrower
.
Additional clarification on inducements, payments, mailings, and advertising by guaranty agencies
Section 428(b) (20 U.S.C. 1078(b)) is amended by striking paragraph (3) and inserting the following:
Restrictions on inducements, payments, mailings, and advertising
A guaranty agency shall not—
offer, directly or indirectly, premiums, payments, stock or other securities, prizes, travel, entertainment expenses, tuition repayment, or other inducements to—
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
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;
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;
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;
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
conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions.
.
Counting of Consolidation Loans Against Limits
Amendment
Section 428C(a)(3)(B) (20 U.S.C. 1078–3(a)(3)(B)) is amended by adding at the end the following new clause:
Loans made under this section shall, to the extent used to pay off the outstanding principal balance on loans made under this title, excluding capitalized interest, be counted against the applicable limitations on aggregate indebtedness contained in sections 425(a)(2), 428(b)(1)(B), 428H(d), 455, and 464(a)(2)(B).
.
Effective date
The amendments made by this subsection shall apply with respect to any loan made, insured, or guaranteed under part B or part D of title IV of the Higher Education Act of 1965 for which the first disbursement of principal is made on or after the date of enactment of this Act.
Voluntary Flexible Agreements
Section 428A(c) (20 U.S.C. 1078–1(c)) is amended by striking paragraph (3) and inserting the following:
Notice to interested parties
Once the Secretary reaches a tentative agreement in principle under this section, the Secretary shall publish in the Federal Register a notice that invites interested parties to comment on the proposed agreement. The notice shall state how to obtain a copy of the tentative agreement in principle and shall give interested parties no less than 30 days to provide comments. The Secretary may consider such comments prior to providing the notices pursuant to paragraph (2).
.
Financial and Economic Literacy
Default reduction program
Section 428F is amended by adding at the end the following:
Financial and Economic Literacy
Where appropriate, each program described under subsection (b) shall include making available financial and economic education materials for the borrower.
.
Program assistance for borrowers
Section 432(k)(1) (20 U.S.C. 1082(k)(1))
is amended by striking and offering
and all that follows through
the period and inserting , offering loan repayment matching provisions
as part of employee benefit packages, and providing employees with financial
and economic education and counseling.
.
Credit Bureau Organization Agreements
Section 430A(a) (20 U.S.C. 1080a(a)) is
amended by striking agreements with credit bureau organizations
and inserting an agreement with each national credit bureau organization
(as described in section 603(p) of the Fair
Credit Reporting Act)
.
Default Reduction Management
Section 432 is further amended—
by striking subsection (n); and
by redesignating subsections (o) and (p) as subsections (n) and (o), respectively.
Definition of eligible lender
Section 435(d)(5) (20 U.S.C. 1085(d)(5)) is amended—
by redesignating subparagraphs (C) and (D) as subparagraphs (H) and (I), respectively; and
by striking subparagraphs (A) and (B) and inserting the following:
offered, directly or indirectly, points, premiums, payments (including payments for referrals and for processing or finder fees), prizes, stock or other securities, travel, entertainment expenses, tuition repayment, the provision of information technology equipment at below-market value, additional financial aid funds, or other inducements to any institution of higher education or any employee of an institution of higher education in order to secure applicants for loans under this part;
conducted unsolicited mailings, by postal or electronic means, of student loan application forms to students enrolled in secondary school or postsecondary institutions, or to parents of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans under this part from such lender;
entered into any type of consulting arrangement, or other contract to provide services to a lender, with an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to student loans or other financial aid of the institution;
compensated an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution, and who is serving on an advisory board, commission, or group established by a lender or group of lenders for providing such service, except that the eligible lender may reimburse such employee for reasonable expenses incurred in providing such service;
performed for an institution of higher education any function that the institution of higher education is required to carry out under part B, D, or G;
paid, on behalf of an 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;
provided payments or other benefits to a student at an institution of higher education to act as the lender’s representative to secure applications under this title from individual prospective borrowers, unless such student—
is also employed by the lender for other purposes; and
made all appropriate disclosures regarding such employment;
.
Student Loan Information
Section 435(m) (20 U.S.C. 1085(m)) is amended by adding at the end the following new paragraph:
Student loan information
Notwithstanding any other provision of law or regulation, a lender, secondary market, holder, or guaranty agency shall provide, free of charge and in a timely and effective manner, any student loan information maintained by that entity that is requested by an institution of higher education and any third-party servicer (as defined in section 481(c)) working on behalf of that institution to prevent student loan defaults.
An institution and any third-party servicer obtaining access to information under subparagraph (A) shall safeguard that information in order to prevent potential abuses of that information, including identity theft.
Any third party servicer that obtains information under this subparagraph shall only use the information in a manner directly related to the default prevention work the servicer is performing on behalf of the institution of higher education.
.
Disability Determinations
Section 437(a) (20 U.S.C. 1087(a)) is amended by
adding at the end the following new sentence: In making such
determination of permanent and total disability, the Secretary shall provide
that a borrower who has been certified as permanently and totally disabled by
the Department of Veterans Affairs or the Social Security Administration shall
not be required to present further documentation for purposes of this
title.
.
Treatment of Falsely Certified Borrowers
Section 437(c)(1) (20 U.S.C.
1087(c)(1)) is amended by inserting or parent’s eligibility
after such student’s eligibility
.
Additional Technical Amendments
Section 428(a)(2)(A) (20 U.S.C. 1078(a)(2)(A)) is amended—
by striking
and
at the end of subclause (II) of clause (i); and
by moving the margin of clause (iii) two ems to the left.
Section 428G(e)
(20 U.S.C. 1078–7(e)) is amended by striking , made to a student to
cover the cost of attendance at an eligible institution outside the United
States,
.
Elimination of auction
Part I of title IV (as added by section 701 of the College Cost Reduction and Access Act) is repealed.
FEDERAL WORK-STUDY PROGRAMS
Authorization of appropriations
Section 441(b) (42 U.S.C. 2751(b)) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Community service
Section 441(c)(1) (42
U.S.C. 2751(c)(1)) is amended by striking that are open and accessible
to the community
.
Allocation of funds
Eligibility for Additional Allocations
Section 442(a)(4) (42 U.S.C. 2752(a)(4)) is amended by striking subparagraph (B) and inserting the following:
An otherwise eligible institution may receive a portion of the allocation described in subparagraph (A) if—
not less than 10 percent of the students attending the institution receive Federal Pell Grants; and
in the case of an institution that offers programs of at least 4 years in duration, if its graduation rate for Federal Pell Grant recipients attending the institution and graduating within the period of time equal to normal duration of the longest undergraduate program offered by the institution, as measured from the first day of their enrollment, exceeds the median rate for the class of institution (as defined in section 131(f)(7)(C)); or
in the case of an institution that offers programs of at least 2, but less than 4, years in duration, if its rate for Federal Pell Grant recipients attending the institution and graduating or transferring to an institution that offers programs of at least 4 years in duration within the period of time equal to the normal duration of the program offered, as measured from the first day of their enrollment, exceeds the median rate for the class of institution (as defined in section 131(f)(7)(C)).
.
Effective Date
The amendment made by subsection (a) shall apply with respect to any amounts appropriated under section 441(b) of the Higher Education Act of 1965 (42 U.S.C. 2751(b)) for fiscal year 2009 or any succeeding fiscal year.
Books and supplies
Section 442(c)(4)(D)
(42 U.S.C. 2752(c)(4)(D)) is amended by striking $450
and
inserting $600
.
Job location and development
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended—
by striking
10 percent or $50,000
and inserting 15 percent or
$75,000
; and
by
inserting before the period at the end the following: , except that not
less than one-third of such amount shall be specifically allocated to locate
and develop community service jobs
.
Work colleges
Section 448 (42 U.S.C. 2756b) is amended—
by striking
work-learning
each place it appears and inserting
work-learning-service
;
by amending subparagraph (C) of subsection (e)(1) to read as follows:
requires all resident students, including at least one-half of all students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for at least 5 hours each week, or at least 80 hours during each period of enrollment, unless the student is engaged in an institutionally organized or approved study abroad or externship program; and
;
by amending paragraph (2) of subsection (e) to read as follows:
the term comprehensive student work-learning-service program—
means a student work-learning-service program that is an integral and stated part of the institution’s educational philosophy and program;
requires participation of all resident students for enrollment and graduation;
includes learning objectives, evaluation, and a record of work performance as part of the student’s college record;
provides programmatic leadership by college personnel at levels comparable to traditional academic programs;
recognizes the educational role of work-learning-service supervisors; and
includes consequences for nonperformance or failure in the work-learning-service program similar to the consequences for failure in the regular academic program.
; and
in subsection (f),
by striking 1999 and such sums as may be necessary for each of the 4
succeeding fiscal years
and inserting 2008 and such sums as may
be necessary for the 5 succeeding fiscal years
.
Work assistance for students in comprehensive postsecondary programs for students with mental retardation
Amendment
Part C of title IV (42 U.S.C. 2751 et seq.) is further amended by adding at the end thereof the following new section:
Work assistance for students in comprehensive postsecondary programs for students with mental retardation
Purpose
It is the purpose of this section to enable an institution participating under this part that offers a comprehensive postsecondary program for students with mental retardation to provide work assistance to such students enrolled in that program in order to assist these students with the costs of postsecondary education and improve their academic and personal skills, independence, and employability.
Program Authority
An institution of higher education participating under this part may, pursuant to a plan developed in accordance with subsection (c) and approved by the Secretary, transfer funds allocated under section 442 for use under this section to award work assistance to students with mental retardation who are enrolled and maintaining satisfactory progress in a comprehensive postsecondary program for students with mental retardation at that institution.
Notwithstanding any other provisions of this Act, the following requirements do not apply to students seeking work assistance under this section:
Student eligibility requirements relating to enrollment in a program leading to a recognized education credential under section 484(a)(1).
Satisfactory progress requirements under sections 484(a)(2) and (c).
Student eligibility requirements relating to the satisfaction of secondary education standards under section 484(d).
Determination of need in accordance with part F.
The common financial reporting form developed and processed pursuant to section 483, and any related aid processing, disbursement, and delivery requirements as the Secretary may specify.
Any reporting requirements that the Secretary may specify.
Notwithstanding any other provisions of this Act, the requirement that a program lead to a degree or certificate, or meet the requirements of section 481(b), shall not apply to comprehensive postsecondary programs for students with mental retardation at institutions of higher education that are otherwise eligible to participate under this part.
Agreement With the Secretary
An institution of higher education that wishes to provide work assistance under this section shall prepare, and submit to the Secretary for approval, a plan describing how work assistance will be awarded under this section to students with mental retardation who are enrolled in a comprehensive postsecondary program for students with mental retardation at that institution. That plan shall include—
a description of how the institution will determine which students in the program will receive work assistance, including what criteria will be used for determining the student’s financial need for the assistance in lieu of a determination under part F;
a description of the types of jobs in which students in the program will be employed, at what rates of compensation, and the number of hours that a student may work;
the maximum dollar amount of assistance that the institution may award to a student in the program; and
a requirement that the Federal share of the compensation of a student in the program shall not exceed 75 percent.
Definitions
For the purpose of this section:
Comprehensive postsecondary program for students with mental retardation
The term comprehensive postsecondary program for students with mental retardation means a degree, certificate, or nondegree program offered by an institution of higher education that—
is designed for students with mental retardation who seek to continue academic, vocational, and independent living instruction at the institution to prepare for gainful employment;
includes an advising and curriculum structure; and
includes enrollment by the student (through regular enrollment, auditing courses, participation in internships, or enrollment in noncredit, nondegree courses) in the equivalent of not less than half-time enrollment, as defined by the institution.
Student with mental retardation
The term student with mental retardation means a student with significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student’s educational performance.
Satisfactory progress
A student with mental retardation enrolled in a comprehensive postsecondary program for students with mental retardation is maintaining satisfactory progress if—
the institution at which that student is enrolled reviews the progress of the student at the end of each academic year, or its equivalent, as determined by the institution; and
the institution determines that the student is meeting or exceeding the program requirements and adequately progressing toward program completion.
.
Effective Date
The amendments made by subsection (a) shall be effective for academic year 2008–2009 and succeeding academic years.
FEDERAL DIRECT LOAN PROGRAM
Income contingent repayment
Section
455(e)(2) (20 U.S.C. 1087e(e)(2)) is amended by striking and files a
Federal income tax return jointly with the borrower’s spouse
.
FEDERAL PERKINS LOAN PROGRAM
Reauthorization of program
Program Authorization
Authorization of appropriations
Section 461(b) (20 U.S.C. 1087aa(b)) is amended—
in paragraph (1)—
by
striking 1999
and inserting 2008
; and
by
striking 4 succeeding
and inserting 5 succeeding
;
and
in paragraph (2),
by striking 2003
each place it appears and inserting
2014
.
Federal capital contribution recovery
Section 466 (20 U.S.C. 1087ff) is amended—
by striking
2004
each place it appears in subsections (a) and (c) and
inserting 2014
;
by striking
2003
each place it appears in subsections (a) and (b), and
inserting 2013
; and
by striking
2012
in subsection (b) and inserting 2014
.
Books and Supplies
Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is
amended by striking $450
and inserting
$600
.
Loan terms and conditions
Loan Limits
Section 464(a) (20 U.S.C. 1087dd(a)) is amended—
in paragraph (2)(A)—
by striking
$4,000
in clause (i) and inserting $5,500
;
and
by striking
$6,000
in clause (ii) and inserting $8,000
;
and
in paragraph (2)(B)—
by striking
$40,000
in clause (i) and inserting
$60,000
;
by striking
$20,000
in clause (ii) and inserting $27,500
;
and
by striking
$8,000
in clause (iii) and inserting
$11,000
.
Forbearance
Section
464(e) (20 U.S.C. 1087dd(e)) is amended by striking , upon written
request,
.
Special Repayment Rule
Paragraph (2) of section 464(f) is amended to read as follows:
No compromise repayment of a defaulted loan as authorized by paragraph (1) may be made unless agreed to by the Secretary.
.
Rehabilitation
Section
464(h)(1)(A) (20 U.S.C. 1087dd(h)(1)(A)) is amended by striking 12
ontime
and inserting 9 on-time
.
Loan cancellation
Section 465(a)(3)(A) (20 U.S.C. 1087ee(a)(3)(A)) is amended—
by inserting
(D),
after subparagraph (A), (C),
in clause
(i);
by inserting
or
after the semicolon at the end of clause (ii);
by striking clause (iii); and
by redesignating clause (iv) as clause (iii).
Technical Amendments
Part E is further amended as follows:
Section
462(g)(1)(E)(i)(I) (20 U.S.C. 1087bb(g)(1)(E)(i)(I)) is amended by inserting
monthly
after consecutive
.
Section 464(c)(1)(D) (20 U.S.C. 1087dd(c)(1)(D)) is amended by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.
Section 465(a)(2)
(20 U.S.C. 1087ee(a)(2)) is amended in subparagraph (A), by striking
section 111(c)
and inserting section
1113(a)(5)
.
Section 467(b) (20
U.S.C. 1087gg(b)) is amended by striking (5)(A), (5)(B)(i), or
(6)
and inserting (4)(A), (4)(B), or (5)
.
Section 469(c) (20 U.S.C. 1087ii(c)) is amended—
by striking
sections 602 and 632
and inserting sections 602(3) and
632(5)
;
by striking
qualified professional provider of early intervention services
and inserting early intervention services
; and
by striking
section 672(2)
and inserting section
632(4)
.
NEED ANALYSIS
Significantly simplifying the student aid Application process
Improvements to Paper and Electronic Forms
Common financial aid form development and processing
Section 483(a) (20 U.S.C. 1090(a)) is amended—
by striking paragraphs (1), (2), and (5);
by redesignating paragraphs (3), (4), (6), and (7), as paragraphs (9), (10), (11), and (12), respectively;
by inserting before paragraph (9), as redesignated by subparagraph (B), the following:
In general
The Secretary, in cooperation with representatives of
agencies and organizations involved in student financial assistance, shall
produce, distribute, and process free of charge common financial reporting
forms as described in this subsection to be used for application and
reapplication to determine the need and eligibility of a student for financial
assistance under parts A through E (other than subpart 4 of part A). These
forms shall be made available to applicants in both paper and electronic
formats and shall be referred to as the Free Application for Federal
Student Aid
or the FAFSA
.
Early estimates
In general
The Secretary shall permit applicants to complete such forms as described in this subsection in the 4 years prior to enrollment in order to obtain a non-binding estimate of the family contribution, as defined in section 473. The estimate shall clearly and conspicuously indicate that it is only an estimate of family contribution, and may not reflect the actual family contribution of the applicant that shall be used to determine the grant, loan, or work assistance that the applicant may receive under this title when enrolled in a program of postsecondary education. Such applicants shall be permitted to update information submitted on forms described in this subsection using the process required under paragraph (5)(A).
Evaluation
Two years after the early estimates are implemented under this paragraph and from data gathered from the early estimates, the Secretary shall evaluate the differences between initial, non-binding early estimates and the final financial aid award made available under this title.
Report
The Secretary shall provide a report to the authorizing committees on the results of the evaluation.
Paper format
In general
The Secretary shall produce, distribute, and process common forms in paper format to meet the requirements of paragraph (1). The Secretary shall develop a common paper form for applicants who do not meet the requirements of subparagraph (B).
EZ fafsa
In general
The Secretary shall develop and use a simplified paper
application form, to be known as the EZ FAFSA
, to be used for
applicants meeting the requirements of section 479(c).
Reduced data requirements
The form under this subparagraph shall permit an applicant to submit, for financial assistance purposes, only the data elements required to make a determination of whether the applicant meets the requirements under section 479(c).
State data
The Secretary shall include on the form under this subparagraph such data items as may be necessary to award State financial assistance, as provided under paragraph (6), except that the Secretary shall not include a State’s data if that State does not permit its applicants for State assistance to use the form under this subparagraph.
Free availability and processing
The provisions of paragraph (7) shall apply to the form under this subparagraph, and the data collected by means of the form under this subparagraph shall be available to institutions of higher education, guaranty agencies, and States in accordance with paragraph (9).
Testing
The Secretary shall conduct appropriate field testing on the form under this subparagraph.
Promoting the use of electronic fafsa
In general
The Secretary shall—
develop a form that uses skip logic to simplify the application process for applicants; and
make all efforts to encourage applicants to utilize the electronic forms described in paragraph (4).
Maintenance of the fafsa in a printable electronic file
The Secretary shall maintain a version of the paper forms described in subparagraphs (A) and (B) in a printable electronic file that is easily portable. The printable electronic file will be made easily accessible and downloadable to students on the same website used to provide students with the electronic application forms described in paragraph (4) of this subsection. The Secretary shall enable students to submit a form created under this subparagraph that is downloaded and printed from an electronic file format in order to meet the filing requirements of this section and in order to receive aid from programs under this title.
Reporting requirement
The Secretary shall report annually to Congress on the impact of the digital divide on students completing applications for title IV aid described under this paragraph and paragraph (4). The Secretary will also report on the steps taken to eliminate the digital divide and phase out the paper form described in subparagraph (A) of this paragraph. The Secretary’s report will specifically address the impact of the digital divide on the following student populations: dependent students, independent students without dependents, and independent students with dependents other than a spouse.
Electronic format
In general
The Secretary shall produce, distribute, and process common forms in electronic format to meet the requirements of paragraph (1). The Secretary shall develop common electronic forms for applicants who do not meet the requirements of subparagraph (C) of this paragraph.
State data
The Secretary shall include on the common electronic forms space for information that needs to be submitted from the applicant to be eligible for State financial assistance, as provided under paragraph (6), except the Secretary shall not require applicants to complete data required by any State other than the applicant’s State of residence.
Simplified applications: fafsa on the web
In general
The Secretary shall develop and use a simplified electronic application form to be used by applicants meeting the requirements under subsection (c) of section 479 and an additional, separate simplified electronic application form to be used by applicants meeting the requirements under subsection (b) of section 479.
Reduced data requirements
The simplified electronic application forms shall permit an applicant to submit for financial assistance purposes, only the data elements required to make a determination of whether the applicant meets the requirements under subsection (b) or (c) of section 479.
State data
The Secretary shall include on the simplified electronic application forms such data items as may be necessary to award state financial assistance, as provided under paragraph (6), except that the Secretary shall not require applicants to complete data required by any State other than the applicant’s State of residence.
Availability and processing
The data collected by means of the simplified electronic application forms shall be available to institutions of higher education, guaranty agencies, and States in accordance with paragraph (9).
Testing
The Secretary shall conduct appropriate field testing on the forms developed under this subparagraph.
Use of forms
Nothing in this subsection shall be construed to prohibit the use of the forms developed by the Secretary pursuant to this paragraph by an eligible institution, eligible lender, guaranty agency, State grant agency, private computer software provider, a consortium thereof, or such other entities as the Secretary may designate.
Privacy
The Secretary shall ensure that data collection under this paragraph complies with section 552a of title 5, United States Code, and that any entity using the electronic version of the forms developed by the Secretary pursuant to this paragraph shall maintain reasonable and appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality of the information, and to protect against security threats, or unauthorized uses or disclosures of the information provided on the electronic version of the forms. Data collected by such electronic version of the forms shall be used only for the application, award, and administration of aid awarded under this title, State aid, or aid awarded by eligible institutions or such entities as the Secretary may designate. No data collected by such electronic version of the forms shall be used for making final aid awards under this title until such data have been processed by the Secretary or a contractor or designee of the Secretary, and an expected family contribution has been calculated by the Secretary, except as may be permitted under this title.
Signature
Notwithstanding any other provision of this Act, the Secretary may permit an electronic form under this paragraph to be submitted with an electronic signature.
Streamlining
Streamlined reapplication process
In general
The Secretary shall develop streamlined reapplication forms and processes, including both paper and electronic reapplication processes, consistent with the requirements of this subsection, for an applicant who applies for financial assistance under this title—
in the academic year succeeding the year in which such applicant first applied for financial assistance under this title; or
in any succeeding academic years.
Mechanisms for reapplication
The Secretary shall develop appropriate mechanisms to support reapplication.
Identification of updated data
The Secretary shall determine, in cooperation with States, institutions of higher education, agencies, and organizations involved in student financial assistance, the data elements that can be updated from the previous academic year’s application.
Reduced data authorized
Nothing in this title shall be construed as limiting the authority of the Secretary to reduce the number of data elements required of reapplicants.
Zero family contribution
Applicants determined to have a zero family contribution pursuant to section 479(c) shall not be required to provide any financial data in a reapplication form, except that which is necessary to determine eligibility under such section.
Reduction of data elements
Reduction encouraged
Of the number of data elements on the FAFSA on the date of enactment of the College Access and Opportunity Act of 2007 (including questions on the FAFSA for the purposes described in paragraph (6)), the Secretary, in cooperation with representatives of agencies and organizations involved in student financial assistance, shall continue to reduce the number of such data elements following the date of enactment. Reductions of data elements under paragraph (3)(B), (4)(C), or (5)(A)(iv) shall not be counted towards the reduction referred to in this paragraph unless those data elements are reduced for all applicants.
Report
The Secretary shall annually report to the House of Representatives and the Senate on the progress made of reducing data elements.
State requirements
In general
The Secretary shall include on the forms developed under this subsection, such State-specific data items as the Secretary determines are necessary to meet State requirements for State need-based financial aid under section 415C, except as provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection. Such items shall be selected in consultation with State agencies in order to assist in the awarding of State financial assistance in accordance with the terms of this subsection, except as provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection. The number of such data items shall not be less than the number included on the form on October 7, 1998, unless a State notifies the Secretary that the State no longer requires those data items for the distribution of State need-based financial aid.
Annual review
The Secretary shall conduct an annual review process to determine which forms and data items the States require to award State need-based financial aid and other application requirements that the States may impose.
State use of simplified forms
The Secretary shall encourage States to take such steps as necessary to encourage the use of simplified application forms, including those described in paragraphs (3)(B) and (4)(C), to meet the requirements under subsection (b) or (c) of section 479.
Federal register notice
The Secretary shall publish on an annual basis a notice in the Federal Register requiring State agencies to inform the Secretary—
if the State agency is unable to permit applicants to utilize the simplified application forms described in paragraphs (3)(B) and (4)(C); and
of the State-specific data that the State agency requires for delivery of State need-based financial aid.
State notification to the secretary
In general
Each State agency shall notify the Secretary—
whether the State permits an applicant to file a form described in paragraph (3)(B) or paragraph (4)(C) of this subsection for purposes of determining eligibility for State need-based financial aid; and
the State-specific data that the State agency requires for delivery of State need-based financial aid.
Acceptance of forms
In the event that a State does not permit an applicant to file a form described in paragraph (3)(B) or paragraph (4)(C) of this subsection for purposes of determining eligibility for State need-based financial aid—
the State shall notify the Secretary if the State is not permitted to do so because of either State law or because of agency policy; and
the notification under subclause (I) shall include an estimate of the program cost to permit applicants to complete simplified application forms under paragraphs (3)(B) and paragraph (4)(C) of this subsection.
Lack of notification by the state
If a State does not notify the Secretary pursuant to clause (i), the Secretary shall—
permit residents of that State to complete simplified application forms under paragraphs (3)(B) and paragraph (4)(C) of this subsection; and
not require any resident of that State to complete any data previously required by that State under this section.
Charges to students and parents for use of forms prohibited
Fees prohibited
The FAFSA, in whatever form (including the EZ FAFSA, paper, electronic, simplified, or reapplication), shall be produced, distributed, and processed by the Secretary and no parent or student shall be charged a fee by an entity for the collection, processing, or delivery of financial aid through the use of the FAFSA. The need and eligibility of a student for financial assistance under parts A through E of this title (other than under subpart 4 of part A) may only be determined by using the FAFSA developed by the Secretary pursuant to this subsection. No student may receive assistance under parts A through E of this title (other than under subpart 4 of part A), except by use of the FAFSA developed by the Secretary pursuant to this subsection. No data collected on a form, worksheet, or other document for which a fee is charged shall be used to complete the FAFSA.
Notice
Any entity that provides to students or parents, or charges students or parents for, any value-added services with respect to or in connection with the FAFSA, such as completion of the FAFSA, submission of the FAFSA, or tracking of the FAFSA for a student, shall provide to students and parents clear and conspicuous notice that—
the FAFSA is a free Federal student aid application;
the FAFSA can be completed without professional assistance; and
includes the current Internet address for the FAFSA on the Department’s web site.
Application processing cycle
The Secretary shall enable students to submit a form created under this subsection in order to meet the filing requirements of this section and in order to receive aid from programs under this title and shall initiate the processing of applications under this subsection as early as practicable prior to January 1 of the student’s planned year of enrollment.
.
Master calendar
Section 482(a)(1)(B) (20 U.S.C. 1089) is amended to read as follows:
by March 1: proposed modifications, updates, and notices pursuant to sections 478, 479(c)(2)(C), and 483(a)(6) published in the Federal Register;
.
Increasing Access to Technology
Section 483 (20 U.S.C. 1090) is further amended by adding at the end the following:
Addressing the Digital Divide
The Secretary shall utilize savings accrued by moving more applicants to the electronic forms described in subsection (a)(4) to improve access to the electronic forms described in subsection (a)(4) for applicants meeting the requirements of section 479(c).
.
Discretion of student financial aid administrators
Section 479A(a) (20 U.S.C. 1087tt(a)) is amended—
by striking
(a) In
General.—
and inserting the following:
Authority To Make Adjustments
Adjustments for special circumstances
;
by inserting
before Special circumstances may
the following:
Special circumstances defined
;
by inserting
a student’s status as a ward of the court at any time prior to attaining
18 years of age, a student’s status as an individual who was adopted at or
after age 13, a student’s status as a homeless or unaccompanied youth (as
defined in section 725 of the McKinney-Vento Homeless Assistance Act),
after 487,
;
by inserting
before Adequate documentation
the following:
Documentation and use of supplementary information
; and
by inserting
before No student
the following:
Fees for supplementary information prohibited
.
GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL ASSISTANCE
Expanding information dissemination regarding eligibility for Pell Grants
Section 483(a) (20 U.S.C. 1090(a)) (as amended by section 471(a)) is further amended by adding at the end the following new paragraph:
Expanding information dissemination regarding eligibility for pell grants
The Secretary shall make special efforts, in conjunction with State efforts, to notify students and their parents who qualify for a free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Food Stamps program, or such other programs as the Secretary shall determine, of their potential eligibility for a maximum Pell Grant, and shall disseminate such informational materials as the Secretary deems appropriate.
.
Student eligibility
Technical Amendment
Section 484(b)(5) (20 U.S.C. 1091(b)(5)) is amended by
inserting or parent (on behalf of a student)
after
student
.
Republic of Palau
Section 484 (20 U.S.C. 1091) is amended—
in subsection (a)—
in paragraph (4),
by striking the Republic of the Marshall Islands, the Federated States
of Micronesia, or
; and
in paragraph (5),
by striking a citizen of any one of the Freely Associated States
and inserting or, to the extent described in subsection (j), a citizen
of the Republic of Palau
; and
by amending subsection (j) to read as follows:
Assistance Under Subpart 1 of Part A for Students From Palau
Notwithstanding any other provision of law, a student shall be eligible until September 30, 2008, for assistance under subpart 1 of part A if the student is otherwise qualified and—
is a citizen of the Republic of Palau and attends an institution of higher education in a State or a public or nonprofit private institution of higher education in the Freely Associated States; or
meets the requirements of subsection (a)(5) and attends a public or nonprofit private institution of higher education in any one of the Freely Associated States.
.
Institutional refunds
Section 484B(a)(1) (20
U.S.C. 1091b(a)(1)) is amended in subsection (a)(1), by inserting
subpart 4 of part A or
after received
under
.
Institutional and financial assistance information for students
Information Dissemination Activities
Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended—
by amending the
second sentence to read as follows: The information required by this
section shall be produced and be made publicly available to an enrolled student
and to any prospective student, through appropriate publications, mailings,
electronic media, and the reports required by the institution’s accrediting
agency under section 496(c)(9).
;
by amending subparagraph (G) to read as follows:
the academic programs of the institution, including—
the current degree programs and other educational and training programs;
the institution’s educational mission and goals;
the instructional, laboratory, and other physical plant facilities which relate to the academic programs; and
the faculty and other instructional personnel;
;
by striking subparagraph (L) and inserting the following:
a summary of student outcomes for full-time undergraduate students, including—
the completion or graduation rates of certificate- or degree-seeking undergraduate students entering such institutions; and
any other student outcome data, qualitative or quantitative, including data regarding distance education, deemed by the institution to be appropriate to its stated educational mission and goals, and, when applicable, licensing and placement rates for professional and vocational programs;
;
by inserting
before the semicolon at the end of subparagraph (J) the following: , and
the process for students to register complaints with the accrediting agencies
or associations
;
in
subparagraph (M), by striking guaranteed student loans under part B of
this title or direct student loans under part E of this title, or both,
and inserting student loans under part B, D, or E of this
title
;
by striking
and
at the end of subparagraph (N);
by striking the period at the end of subparagraph (O) and inserting a semicolon; and
by adding at the end the following new subparagraphs:
the penalties contained in subsection 484(r) regarding suspension of eligibility for drug related offenses;
the policies of the institution regarding the acceptance or denial of academic credit earned at another institution of higher education, which shall include a statement that such decisions will not be based solely on the source of accreditation of a sending institution, provided that the sending institution is accredited by an agency or association that is recognized by the Secretary pursuant to section 496 to be a reliable authority as to the quality of the education or training offered, and except that nothing in this subparagraph shall be construed to—
authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association;
limit the application of the General Education Provisions Act; or
create any legally enforceable right; and
policies and sanctions related to copyright infringement, including—
information which explicitly informs students that unauthorized distribution of copyrighted material on the institution’s information technology systems, including engaging in unauthorized peer-to-peer file-sharing, may subject them to civil and criminal penalties;
a summary of the penalties for violation of copyright law under the United States Code;
a description of the disciplinary actions which are taken against students who engage in unauthorized distribution of copyrighted material on the institution’s information technology systems; and
notification that the institution may use technological measures to detect, prevent, and prohibit unauthorized distribution of copyrighted material on its information technology systems, including over local area networks of such systems.
.
Additional Amendments
Section 485(a) is further amended by striking paragraph (6) and inserting the following:
Each institution may provide supplemental information to enrolled and prospective students showing the completion or graduation rate for students described in paragraph (4). For the purpose of this paragraph, the definitions provided in the Integrated Postsecondary Education Data System shall apply.
Each eligible institution participating in any program under this title may publicly report to currently enrolled and prospective students the voluntary information collected by the National Survey of Student Engagement (NSSE), the Community College Survey of Student Engagement (CCSSE), or other instruments that provide evidence of student participation in educationally purposeful activities. The information shall be produced and made available in a uniform and comprehensible manner, through appropriate publications, mailings, and electronic media, and may be included in reports required by the institution’s accrediting agency.
.
Exit Counseling
Section 485(b) (20 U.S.C. 1092(b)) is amended by adding at the end the following new paragraph:
Each eligible institution shall, during the exit interview required by this subsection, provide to a borrower of a loan made under part B, D, or E a clear and conspicuous notice describing the effect of using a consolidation loan to discharge the borrower’s student loans, including—
the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;
the effects of consolidation on a borrower’s underlying loan benefits, including loan forgiveness, cancellation, and deferment;
the ability for the borrower to prepay the loan, pay on a shorter schedule, and to change repayment plans, and that borrower benefit programs may vary among different loan holders;
the tax benefits for which the borrower may be eligible; and
the consequences of default.
.
Campus Crime Information
Section 485(f)(1) (20 U.S.C. 1092(f)(1)) is amended
by inserting , other than a foreign institution of higher
education,
after under this title
.
Disclosure of Fire Safety of Campus Buildings
Section 485 (20 U.S.C. 1092) is further amended—
in subsection (a)(1), by adding after subparagraph (Q) (as added by subsection (a)(8) of this section) the following new subparagraph:
the fire safety report prepared by the institution pursuant to subsection (h).
; and
by adding at the end the following new subsection:
Disclosure of Fire Safety Standards and Measures
Annual fire safety reports required
Each institution participating in any program under this title shall, beginning in the first academic year that begins after the date of enactment of the College Access and Opportunity Act of 2007, and each year thereafter, prepare, publish, and distribute, through appropriate publications (including the Internet) or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report. Such reports shall contain at least the following information with respect to the campus fire safety practices and standards of that institution:
A statement that identifies each institution-owned or controlled student housing facility, and whether or not such facility is equipped with a fire sprinkler system or other fire safety system, or has fire escape planning or protocols.
Statistics for each such facility concerning the occurrence of fires and false alarms in such facility during the 2 preceding calendar years for which data are available.
For each such occurrence in each such facility, a summary of the human injuries or deaths, structural or property damage, or combination thereof.
Information regarding rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvements in fire safety.
Information about fire safety education and training provided to students, faculty, and staff.
Information concerning fire safety at any housing facility owned or controlled by a fraternity, sorority, or student group that is recognized by the institution, including—
information reported to the institution under paragraph (4); and
a statement concerning whether and how the institution works with recognized student fraternities and sororities, and other recognized student groups owning or controlling housing facilities, to make each building and property owned or controlled by such fraternities, sororities, and groups more fire safe.
Fraternities, sororities, and other groups
Each institution participating in a program under this title shall request each fraternity and sorority that is recognized by the institution, and any other student group that is recognized by the institution and that owns or controls housing facilities, to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity, sorority, or recognized student group, respectively, for each building and property owned or controlled by the fraternity, sorority, or group, respectively.
Current information to campus community
Each institution participating in any program under this title shall establish and maintain a log, written in a form that can be easily understood, recording all on-campus fires, including the nature, date, time, and general location of each fire and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection, and each such institution shall make annual reports to the campus community on such fires and false fire alarms in a manner that will aid the prevention of similar occurrences.
Reports to the secretary
On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall—
review such statistics;
make copies of the statistics submitted to the Secretary available to the public; and
in coordination with nationally recognized fire organizations and representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires.
Rule of construction
Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety.
Definitions
In this subsection, the term campus has the meaning provided in subsection (f)(6).
.
Campus based digital theft prevention
Section 485 (20 U.S.C. 1092) is further amended by adding at the end the following new subsection:
Campus based digital theft prevention
In general
Each eligible institution participating in any program under this title which is among those identified during the prior calendar year by the Secretary pursuant to paragraph (2)(B), shall—
provide evidence to the Secretary that the institution has notified students on its policies and procedures related to the illegal downloading and distribution of copyrighted materials by students as required under subsection (a)(1)(R);
undertake a review, which shall be submitted to the Secretary, of its procedures and plans related to preventing illegal downloading and distribution to determine the program’s effectiveness and implement changes to the program if the changes are needed; and
provide evidence to the Secretary that the institution has developed a plan for implementing a technology-based deterrent to prevent the illegal downloading or peer-to-peer distribution of intellectual property.
Identification
For purposes of carrying out the requirements of paragraph (1), the Secretary shall, on an annual basis, identify—
the 25 institutions of higher education participating in programs under this title, which have received during the previous calendar year the highest number of writen notices from copyright owners, or persons authorized to act on behalf of copyright owners, alleging infringement of copyright by users of the institution’s information technology systems, where such notices identify with specificity the works alleged to be infringed, or a representative list of works alleged to be infringed, the date and time of the alleged infringing conduct together with information sufficient to identify the infringing user, and information sufficient to contact the copyright owner or its authorized representative; and
from among those 25 institutions described in paragraph (1), those which have received during the previous calendar year at least 100 notices alleging infringement of copyright by users of the institution’s information technology systems, as described in paragraph (1).
.
Distance education demonstration program
Eligible Applicants
Section 486(b)(3) (20 U.S.C. 1093(b)(3)) is amended—
in subparagraph
(B), by striking section 102(a)(1)(C)
and inserting
section 102
; and
in subparagraph
(C), by striking subsection (a) of section 102, other than the
requirement of paragraph (3)(A) or (3)(B) of such subsection,
and
inserting section 101, other than the requirements of subparagraph (A)
or (B) of subsection (b)(4) of such section
.
Selection
Section 486(d)(1) (20 U.S.C. 1093(d)(1)) is amended—
by striking
the third year
and inserting subsequent
years
;
by striking
35 institutions
and inserting 100 institutions
;
and
by adding at the
end the following new sentence: Not more than 5 of such institutions,
systems, or consortia may be accredited, degree-granting correspondence
schools.
.
College Affordability Demonstration Program
Part G of title IV is amended by inserting after section 486 (20 U.S.C. 1093) the following new section:
College Affordability Demonstration Program
Purpose
It is the purpose of this section—
to provide, through a college affordability demonstration program, for increased innovation in the delivery of higher education and student financial aid in a manner resulting in reduced costs for students as well as the institution by employing one or more strategies including accelerating degree or program completion, increasing availability of, and access to, distance components of education delivery, engaging in collaborative arrangements with other institutions and organizations, and other alternative methodologies; and
to help determine—
the most effective means of delivering student financial aid as well as quality education;
the specific statutory and regulatory requirements that should be altered to provide for more efficient and effective delivery of student financial aid, as well as access to high quality distance education programs, resulting in a student more efficiently completing postsecondary education; and
the most effective methods of obtaining and managing institutional resources.
Demonstration Program Authorized
In general
In accordance with the purposes described in subsection (a) and the provisions of subsection (d), the Secretary is authorized to select not more than 100 institutions of higher education, including those applying as part of systems or consortia of such institutions, for voluntary participation in the College Affordability Demonstration Program in order to enable participating institutions to carry out such purposes by providing programs of postsecondary education, and making available student financial assistance under this title to students enrolled in those programs, in a manner that would not otherwise meet the requirements of this title.
Waivers
The Secretary is authorized to waive for any institutions of higher education, or any system or consortia of institutions of higher education, selected for participation in the College Affordability Demonstration Program, any requirements of this Act or the regulations thereunder as deemed necessary by the Secretary to meet the purpose described in subsection (a)(1), and shall make a determination that the waiver can reasonably be expected to result in reduced costs to students or institutions without an increase in Federal program costs. The Secretary may not waive under this paragraph the maximum award amounts for an academic year or loan period.
Eligible applicants
Eligible institutions
Except as provided in subparagraph (B), only an institution of higher education that is eligible to participate in programs under this title shall be eligible to participate in the demonstration program authorized under this section.
Prohibition
An institution of higher education described in section 102 shall not be eligible to participate in the demonstration program authorized under this section.
Application
In general
Each institution or system of institutions desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
Contents of applications
Each application for the college affordability demonstration program shall include at least the following:
a description of the institution or system or consortium of institutions and what quality assurance mechanisms are in place to ensure the integrity of the Federal financial aid programs;
a description of the innovation or innovations being proposed and the affected programs and students, including—
a description of any collaborative arrangements with other institutions or organizations to reduce costs;
a description of any expected economic impact of participation in the program within the community in which the institution is located; and
a description of any means the institution will employ to reduce the costs of instructional materials, such as textbooks;
a description of each regulatory or statutory requirement for which waivers are sought, with a reason for each waiver;
a description of the expected outcomes of the program changes proposed, including the estimated reductions in costs both for the institution and for students;
an assurance from each institution in a system or consortium of a commitment to fulfill its role as described in the application;
an assurance that the participating institution or system of institutions will offer full cooperation with the ongoing evaluations of the demonstration program provided for in this section; and
any other information or assurances the Secretary may require.
Selection
In selecting institutions to participate in the demonstration program under this section, the Secretary shall take into account—
the number and quality of applications received, determined on the basis of the contents required by subsection (c)(2);
the Department’s capacity to oversee and monitor each institution’s participation;
an institution’s—
financial responsibility;
administrative capability;
program or programs being offered via distance education, if applicable;
student completion rates; and
student loan default rates; and
the participation of a diverse group of institutions with respect to size, mission, and geographic distribution.
Notification
The Secretary shall make available to the public and to the authorizing committees a list of institutions selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution and a description of the innovations being demonstrated.
Evaluations and Reports
Evaluation
The Secretary shall evaluate the demonstration program authorized under this section on a biennial basis. Such evaluations specifically shall review—
the extent to which expected outcomes, including the estimated reductions in cost, were achieved;
the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees and the extent to which participation in such programs increased;
issues related to student financial assistance associated with the innovations undertaken;
effective technologies and alternative methodologies for delivering student financial assistance;
the extent of the cost savings to the institution, the student, and the Federal Government resulting from the waivers provided, and an estimate as to future cost savings for the duration of the demonstration program;
the extent to which students saved money by completing their postsecondary education sooner;
the extent to which the institution reduced its tuition and fees and its costs by participating in the demonstration program;
the extent to which any collaborative arrangements with other institutions or organizations have reduced the participating institution’s costs; and
the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions.
Policy analysis
The Secretary shall review current policies and identify those policies that present impediments to the implementation of innovations that result in cost savings and in expanding access to education.
Reports
The Secretary shall provide a report to the authorizing committees on a biennial basis regarding—
the demonstration program authorized under this section;
the results of the evaluations conducted under paragraph (1);
the cost savings to the Federal Government by the demonstration program authorized by this section; and
recommendations for changes to increase the efficiency and effective delivery of financial aid.
Oversight
In conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis—
ensure compliance of institutions or systems of institutions with the requirements of this title (other than the sections and regulations that are waived under subsection (b)(2));
provide technical assistance to institutions in their application to and participation in the demonstration program;
monitor fluctuations in the student population enrolled in the participating institutions or systems of institutions;
monitor changes in financial assistance provided at the institution; and
consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities.
Termination of Authority
The authority of the Secretary under this section shall cease to be effective on October 1, 2012.
.
Program participation agreements
Refund Policies
Section 487(a) (20 U.S.C. 1094(a)) is amended—
in paragraph (16),
by inserting or other Federal, State, or local government funds
after funds under this title
each place it appears;
in
paragraph (22), by striking refund policy
and inserting
policy on the return of title IV funds
; and
in paragraph (23)—
by moving subparagraph (C) 2 em spaces to the left; and
by adding after such subparagraph the following new subparagraph:
An institution shall be considered in compliance with the requirements of subparagraph (A) with respect to any student to whom the institution electronically transmits a message containing a voter registration form acceptable for use in the State in which the institution is located, or an Internet address where such a form can be downloaded, provided such information is in an electronic message devoted to voter registration.
.
Enforcing the 90/10 Rule
Amendment
Section 487(a) (20 U.S.C. 1094(a)) is further amended by adding at the end the following new paragraph:
The institution will, as calculated in accordance with subsection (f)(1), have not less than 10 percent of its revenues from sources other than funds provided under this title, or will be subject to the sanctions described in subsection (f)(2).
.
Implementation
Section 487 is further amended by adding at the end the following new subsection:
Implementation of Non-Title IV Revenue Requirement
Calculation
In carrying out subsection (a)(24), an institution shall use the cash basis of accounting and count the following funds toward the 10 percent of revenues from sources of funds other than funds provided under this title:
funds used by students to pay tuition, fees, and other institutional charges from sources other than funds provided under this title as long as the institution can reasonably demonstrate that such funds were used for such purposes;
institutional funds used to satisfy matching-fund requirements for programs under this title;
funds used by a student from savings plans for educational expenses established by or on behalf of the student and which qualify for special tax treatment under the Internal Revenue Code of 1986;
funds paid by a student, or on behalf of a student by a party other than the institution, for an education or training program that is not eligible for funds under this title, so long as the program is approved or licensed by the appropriate State agency or an accrediting agency recognized by the Secretary;
institutional aid, as follows:
in the case of institutional loans, only the amount of loan repayments received during the fiscal year;
in the case of institutional scholarships, only those provided by the institution in the form of monetary aid based upon the academic achievements or financial need of students, and disbursed during the fiscal year from an established restricted account; and
in the case of tuition discounts, only those tuition discounts based upon the academic achievement or financial need of the students; and
funds generated by the institution from institutional activities that are necessary for the education and training of the institution’s students, if such activities are—
conducted under the control of the institution;
performed under the supervision of a member of the institution’s faculty; and
required to be performed by all students in a specific educational program at the institution.
Sanctions
An institution that fails to meet the requirements of subsection (a)(24) for 3 consecutive years shall become ineligible to participate in the programs authorized by this title. In addition to such other means of enforcing the requirements of this title as may be available to the Secretary, if an institution fails to meet the requirements of subsection (a)(24) in any year, the Secretary may impose one or more of the following sanctions on the institution:
Place the institution on provisional certification in accordance with section 498(h) until the institution demonstrates, to the satisfaction of the Secretary, that it is in compliance with subsection (a)(24).
Require such other increased monitoring and reporting requirements as the Secretary determines necessary until the institution demonstrates, to the satisfaction of the Secretary, that it is in compliance with subsection (a)(24).
Publication on cool website
The Secretary shall identify, on the College Opportunities On-Line website established pursuant to section 131(b), any institution that fails to meet the requirements of subsection (a)(24) in any year as an institution that is failing to meet the minimum non-Federal source of revenue requirements of that subsection.
.
Reports on Disciplinary Proceedings
Amendment
Section 487(a) (20 U.S.C. 1094(a)) is further amended by adding after paragraph (24), as added by subsection (b) of this section, the following new paragraph:
The institution will disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.
.
Effective date
The amendment made by paragraph (1) shall apply with respect to any disciplinary proceeding conducted by such institution on or after one year after the date of enactment of this Act.
Code of conduct and preferred lender list
Section 487(a) is further amended by adding after paragraph (25) (as added by subsection (c) of this section) the following new paragraphs:
Code of Conduct
In general
The institution will establish, follow, and enforce a code of conduct regarding student loans that includes not less than the following:
Revenue sharing prohibition
The institution is prohibited from receiving anything of value from any lender in exchange for any advantage sought by the lender to make educational loans to a student enrolled, or who is expected to be enrolled, at the institution, except that an institution shall not be prohibited from receiving a philanthropic contribution from a lender if the contribution is not made in exchange for any such advantage.
Gift and trip prohibition
Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution, is prohibited from taking from any lender any gift or trip worth more than nominal value, except for reasonable expenses for professional development that will improve the efficiency and effectiveness of programs under this title and for domestic travel to such professional development.
Contracting arrangements
Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution, shall be prohibited from entering into any type of consulting arrangement or other contract to provide services to a lender.
Advisory board compensation
Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans or other student financial aid of the institution, and who serves on an advisory board, commission, or group established by a lender or group of lenders shall be prohibited from receiving anything of value from the lender or group of lenders, except that the employee may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission or group.
Interaction with borrowers
The institution will not—
for any first-time borrower, assign, through award packaging or other methods, the borrower’s loan to a particular lender; and
refuse to certify, or, delay certification of, any loan in accordance with paragraph (6) based on the borrower’s selection of a particular lender or guaranty agency.
Designation
The institution will designate an individual who shall be responsible for signing an annual attestation on behalf of the institution that the institution agrees to, and is in compliance with, the requirements of the code of conduct described in this paragraph. Such individual shall be the chief executive officer, chief operating officer, chief financial officer, or comparable official, of the institution, and shall annually submit the signed attestation to the Secretary.
Availability
The institution will make the code of conduct widely available to the institution’s faculty members, students, and parents through a variety of means, including the institution’s website.
Preferred lender lists
In general
In the case of an institution (including an employee or agent of an institution) that maintains a preferred lender list, in print or any other medium, through which the institution recommends one or more specific lenders for loans made under part B to the students attending the institution (or the parents of such students), the institution will—
clearly and fully disclose on the preferred lender list—
why the institution has included each lender as a preferred lender, especially with respect to terms and conditions favorable to the borrower; and
that the students attending the institution (or the parents of such students) do not have to borrow from a lender on the preferred lender list;
ensure, through the use of the list provided by the Secretary under subparagraph (C), that—
there are not less than 3 lenders named on the preferred lending list that are not affiliates of each other; and
the preferred lender list—
specifically indicates, for each lender on the list, whether the lender is or is not an affiliate of each other lender on the list; and
if the lender is an affiliate of another lender on the list, describes the specifics of such affiliation; and
establish a process to ensure that lenders are placed upon the preferred lender list on the basis of the benefits provided to borrowers, including —
highly competitive interest rates, terms, or conditions for loans made under part B;
high-quality customer service for such loans; or
additional benefits beyond the standard terms and conditions for such loans.
Definition of affiliate; control
Definition of affiliate
For the purposes of subparagraph (A)(ii) the term affiliate means a person that controls, is controlled by, or is under common control with, another person.
Control
For purposes of subparagraph (A)(ii), a person has control over another person if—
the person directly or indirectly, or acting through 1 or more others, owns, controls, or has the power to vote 5 percent or more of any class of voting securities of such other person;
the person controls, in any manner, the election of a majority of the directors or trustees of such other person; or
the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person.
List of lender affiliates
The Secretary, in consultation with the Director of the Federal Deposit Insurance Corporation, shall maintain and update a list of lender affiliates of all eligible lenders, and shall provide such list to the eligible institutions for use in carrying out subparagraph (A).
.
Audit Requirements
Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i))
is amended by inserting before the semicolon at the end the following: ,
except that the Secretary may modify the requirements of this clause with
respect to institutions of higher education that are foreign institutions, and
may waive such requirements with respect to a foreign institution whose
students receive less than $500,000 in loans under this title during the award
year preceding the audit period
.
Enforcement of the code of conduct
Section 487 (20 U.S.C. 1094) is further amended—
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following:
Violation of code of conduct regarding student loans
In general
Upon a finding by the Secretary, after reasonable notice and an opportunity for a hearing, that an institution of higher education that has entered into a program participation agreement with the Secretary under subsection (a) willfully contravened the institution’s attestation of compliance with the provisions of subsection (a)(26), the Secretary may impose a penalty described in paragraph (2).
Penalties
A violation of paragraph (1) shall result in the limitation, suspension, or termination of the eligibility of the institution for the loan programs under this title.
.
Additional technical and conforming Amendments
Part G is further amended as follows:
Section 483(d) (20
U.S.C. 1090(d)) is amended by striking that is authorized under section
685(d)(2)(C)
and inserting , or another appropriate provider of
technical assistance and information on postsecondary educational services,
that is supported under section 663
.
Section 484 (20 U.S.C. 1091) is amended—
in subsection
(a)(4), by striking certification,,
and inserting
certification,
; and
in subsection (b)(2)—
in
the matter preceding subparagraph (A), by striking section 428A
and inserting section 428H
;
in
subparagraph (A), by inserting and
after the semicolon at the
end thereof;
in
subparagraph (B), by striking ; and
and inserting a period;
and
by striking subparagraph (C).
Section 484A(b)(2)
(20 U.S.C. 1091a(b)(2)) is amended by striking part B of this
title
and inserting part B, D, or E of this
title
.
Section 485B(a) (20 U.S.C. 1092b(a)) is amended—
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
by redesignating the paragraph (5) (as added by section 2008 of Public Law 101–239) as paragraph (6); and
in paragraph (5) (as added by section 204(3) of the National Community Service Act of 1990 (Public Law 101–610))—
by
striking (22 U.S.C. 2501 et seq.)),
and inserting (22
U.S.C. 2501 et seq.),
; and
by striking the period at the end thereof and inserting a semicolon.
Section 487A(b) (20 U.S.C. 1094a(b)) is amended—
in paragraph (1)—
by
striking Higher Education Amendments of 1998
and inserting
College Access and Opportunity Act of 2007
; and
by striking the second sentence;
in paragraph (2)—
by
striking 1993 through 1998
and inserting 1998 through
2006
;
by
striking (as such section
and all that follows through
Amendments of 1998)
; and
by
striking Higher Education Amendments of 1998.
and inserting
College Access and Opportunity Act of 2007.
; and
in paragraph (3)(A)—
by
striking Upon the submission
and all that follows through
limited number of additional institutions for voluntary
participation
and inserting The Secretary is authorized to
continue the voluntary participation of institutions participating as of July
1, 2007,
; and
by
inserting before the period at the end the following: , and shall
continue the participation of any such institution unless the Secretary
determines that such institution’s participation has not been successful in
carrying out the purposes of this section
.
Section 491(c) (20 U.S.C. 1098(c)) is amended by adding at the end the following new paragraph:
The appointment of members under subparagraphs (A) and (B) of paragraph (1) shall be effective upon publication of the appointment in the Congressional Record.
.
Section 491(h)(1)
(20 U.S.C. 1098(h)(1)) is amended by striking the rate authorized for
GS–18 of the General Schedule
and inserting the maximum rate
payable under section 5376 of such title
.
Section 491(k) (20
U.S.C. 1098(k)) is amended by striking 2004
and inserting
2012
.
Section 493A (20 U.S.C. 1098c) is repealed.
Section 498 (20 U.S.C. 1099c) is amended—
in subsection
(c)(2), by striking for profit,
and inserting
for-profit,
; and
in subsection
(d)(1)(B), by inserting and
after the semicolon at the end
thereof.
Pell Grant eligibility provision
Section 484 is amended by adding at the end the following new subsection:
Pell Grant Eligibility Provision
A student who does not have a certificate of graduation from a school providing secondary education may be eligible for assistance under subpart 1 of Part A of this title for no more than two academic years, if such student—
meets all eligibility requirements for such assistance (other than not being enrolled in an elementary or secondary school) and is an academically gifted and talented student, as defined in section 9101 of the Elementary and Secondary Education Act;
is in the junior or senior year of secondary school, and has not received any assistance under this title;
is selected for participation and is enrolled full-time and resides on campus in a residential college gifted student program for early enrollment, leading to fully transferable college academic credit;
does not and will not participate in any secondary school course work during or after such program; and
has entered into an agreement that, if the student fails to complete the entirety of the academic program for which assistance under subpart 1 of Part A of this title was received, or participates in secondary school course work after participating in such program, the student will repay all funds received under such subpart pursuant to this subsection to the Federal Government in accordance with regulations promulgated by the Secretary.
.
PROGRAM INTEGRITY
Accreditation
Standards for Accreditation
Section 496(a) (20 U.S.C. 1099b(a)) is amended—
in paragraph (2), by striking subparagraph (B) and inserting the following:
is a State agency approved by the Secretary for the purpose described in subparagraph (A) and the State does not, for purposes of this title, directly or indirectly—
require any institution of higher education to obtain accreditation by such State agency, rather than another accrediting agency or association approved by the Secretary for the purpose described in subparagraph (A); or
provide any exemption or other privilege or benefit to any institution of higher education by reason of its accreditation by such State agency rather than another accrediting agency or association approved by the Secretary for the purpose described in subparagraph (A); or
;
in paragraph (4)—
by inserting
(A)
after (4)
;
by inserting after
consistently applies and enforces standards
the following:
that respect the stated mission of the institution of higher education,
including religious missions, and
;
by inserting
and
after the semicolon at the end thereof; and
by adding at the end the following new subparagraph:
if such agency or association already has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that—
the accreditation agency’s or association’s standards effectively address the quality of an institution’s distance education programs in the areas identified in paragraph (5) of this subsection, except that the agency or association shall not be required to have separate standards, procedures, or policies for the evaluation of distance education institutions or programs in order to meet the requirements of this subparagraph; and
the agency or association requires that an institution that offers distance education programs to have processes by which it establishes that the student who registers in a distance education course or program is the same student who participates, completes academic work, and receives academic credit;
;
in paragraph (5)—
by amending subparagraph (A) to read as follows:
success with respect to student achievement in relation to the institution’s mission, including, as appropriate, consideration of student academic achievement as determined by the institution (in accordance with standards of the accrediting agency or association), retention, course and program completion, State licensing examinations, and job placement rates, and other student performance information selected by the institution, particularly that information used by the institution to evaluate or strengthen its programs;
; and
by amending subparagraph (E) to read as follows:
fiscal, administrative capacity, as appropriate to the specified scale of operations, and, for an agency or association where its approval for such institution determines eligibility for student assistance under this title, board governance, within the context of the institution’s mission;
;
by striking paragraph (6) and inserting the following:
such an agency or association shall establish and apply review procedures throughout the accrediting process, including evaluation and withdrawal proceedings that comply with due process that provides for—
adequate specification of requirements and deficiencies at the institution of higher education or program being examined;
an opportunity for a written response by any such institution to be included in the evaluation and withdrawal proceedings;
upon the written request of an institution, an opportunity for the institution to appeal any adverse action at a hearing prior to such action becoming final before an appeals panel that—
shall not include current members of the agency or association’s underlying decision-making body that made the adverse decision; and
is subject to a conflict of interest of policy; and
the right to representation by counsel for an such institution;
; and
by striking paragraph (8) and inserting the following:
such agency or association shall make available to the public and submit to the Secretary and the State licensing or authorizing agency, together with the comments of the affected institution, a summary of agency or association actions, involving—
final denial, withdrawal, suspension, or termination of accreditation; and
any other final adverse action taken with respect to an institution.
.
Operating Procedures
Section 496(c) (20 U.S.C. 1099b(c)) is amended—
by inserting
(including those regarding distance education)
before the
semicolon at the end of paragraph (1);
by striking
and
at the end of paragraph (5);
by striking the period at the end of paragraph (6) and inserting a semicolon; and
by inserting after paragraph (6) the following new paragraphs:
ensures that its onsite comprehensive reviews for accreditation or reaccreditation include evaluation of the substance of the information required in subparagraph (L) of section 485(a)(1);
confirms as a part of its review for accreditation or reaccreditation that the institution has transfer policies that are publicly disclosed and specifically state whether the institution denies a transfer of credit based solely on the accreditation of the institution at which the credit was earned;
develops a brief summary, available to the public, of final adverse actions in accordance with the requirements of subsection (a)(8);
monitors the enrollment growth of distance education to ensure that an institution experiencing significant growth has the capacity to serve its students effectively;
discloses publicly, on the agency’s website or through other similar dissemination—
a list of the individuals who comprised the evaluation teams during the prior calendar year for each agency or association and the title and institutional affiliation of such individuals, although such list shall not be required to identify those individuals who comprised the evaluation team used for any specific institution;
a description of the agency’s or association’s process for selecting, preparing, and evaluating such individuals; and
any statements related to the accreditation responsibilities of such individuals; and
reviews the record of student complaints resulting from the student information process described in section 485(a)(1)(J).
.
Limitation, Suspension, and Termination of Recognition
Section 496(l) is amended by adding at the end the following new paragraph:
The Secretary shall provide an annual report to Congress on the status of any agency or association for which the Secretary has limited, suspended or terminated recognition under this subsection.
.
Program Review and Data
Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended—
by
striking and
at the end of paragraph (4);
by striking the period at the end of paragraph (5) and inserting a semicolon; and
by adding at the end the following new paragraphs:
provide to the institution adequate opportunity to review and respond to any program review report or audit finding and underlying materials related thereto before any final program review or audit determination is reached;
review and take into consideration the institution’s response in any final program review or audit determination, and include in the final determination—
a written statement addressing the institution’s response and stating the basis for such final determination; and
a copy of the institution’s statement in response, appropriately redacted to protect confidential information;
maintain and preserve at all times the confidentiality of any program review report or audit finding until the requirements of paragraphs (6) and (7) are met, and until a final program review or audit determination has been issued, except to the extent required to comply with paragraph (5), provided, however, that the Secretary shall promptly disclose any and all program review reports and audit findings to the institution under review; and
require that the authority to approve or issue any program review report or audit finding, preliminary or otherwise, that contains any finding, determination, or proposed assessment that exceeds or may exceed $500,000 in liabilities shall not be delegated to any official beyond the Chief Operating Officer of Federal Student Aid.
.
Report to Congress on prevention of fraud and abuse in student financial aid programs
Title IV is amended by adding at the end the following new section:
Report to Congress on prevention of fraud and abuse in student financial aid programs
Purpose
It is the purpose of this section to require the Secretary to commission a nonpartisan, comprehensive study on the prevention of fraud and abuse in title IV student financial aid programs, and to report the results of such study to Congress.
Scope of Report
The study under this section shall thoroughly identify and address the following:
The impact of fraud and abuse in title IV student financial aid programs upon students and taxpayers, and the nature of such fraud and abuse.
The effectiveness of existing policies and requirements under this Act that were put in place to prevent fraud and abuse in title IV student financial aid programs, and how such policies and requirements should be improved.
The extent to which existing protections against fraud and abuse under this Act are adequately enforced, and how enforcement should be strengthened.
Areas in which additional information is needed to assess the effectiveness of current protections and enforcement against fraud and abuse.
Existing policies and requirements under this Act aimed at fraud and abuse that are ineffective, hinder innovation, or could be eliminated without reducing effectiveness.
New policies and enforcement, particularly those suited for the current higher education marketplace, needed to protect against fraud and abuse in title IV student financial aid programs.
The extent to which States are implementing regulations to protect students from fraud and abuse, and whether changes to Federal law will preempt such regulations.
Report
Not later than December 31, 2007, the Secretary, after an opportunity for both the Secretary and the Inspector General of the Department of Education to review the results of the study, shall transmit to Congress a report on the study conducted under this section. Such report shall—
include clear and specific recommendations for legislative and regulatory actions that are likely to significantly reduce the fraud and abuse in title IV student financial aid programs that were identified pursuant to subsection (b); and
include both the Secretary’s and the Inspector General’s comments on the report.
.
Report to Congress on compliance with the Paperwork Reduction Act of 1995
Title IV is further amended by adding after section 499, as added by section 496 of this Act, the following new section:
Report to Congress on the Compliance of the student aid Application process with the requirements of the Paperwork Reduction Act of 1995
Study and Report
The Secretary shall commission a nonpartisan, comprehensive study on the degree to which the student aid application process under title IV complies with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 101 note). Not later one year after the date of the enactment of the College Access and Opportunity Act of 2006, the Secretary shall report the results of such study to the Congress.
Scope
The study and report to the Congress under subsection (a) shall thoroughly identify and address the following:
The impact of the technical and computer literacy of prospective college students on the existing electronic capabilities offered by the student aid application process under title IV, including the Free Application for Federal Student Aid System (FAFSA).
The effectiveness of the policies and requirements of the FAFSA system that are intended to reduce the need for paper and ease the application process.
Areas in which the
electronic system can be improved to help facilitate a one-stop
shopping
goal for students seeking financial
assistance.
.
DEVELOPING INSTITUTIONS
Definitional changes
Section 502(a) (20 U.S.C. 1101a(a)) is amended—
in paragraph (5)—
by inserting
and
after the semicolon at the end of subparagraph (A);
in subparagraph (B)—
by
striking at the time of application,
; and
by
inserting at the end of the award year immediately preceding the date of
application
after Hispanic students
;
by striking
; and
at the end of subparagraph (B) and inserting a period;
and
by striking subparagraph (C); and
by striking paragraph (7).
Assurance of enrollment of needy students
Section 511(c) (20 U.S.C. 1103(c)) is amended—
by striking paragraph (2);
by redesignating paragraphs (3) through (7) as paragraphs (2) through (6); and
by inserting after paragraph (6) as so redesignated the following new paragraph:
contain such assurances as the Secretary may require that the institution has an enrollment of needy students as required by section 502(b);
.
Additional Amendments
Title V is further amended—
in section 502(a)(2)(A) (20 U.S.C. 1101a(a)(2)(A)), by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively, and inserting after clause (iv) the following new clause:
which provides a program of not less than 2 years that is acceptable for full credit toward a bachelor’s degree;
;
in section 503(b) (20 U.S.C. 1101b(b))—
by amending paragraph (2) to read as follows:
Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities.
;
by amending paragraph (12) to read as follows:
Establishing community outreach programs and collaborative partnerships between Hispanic-serving institutions and local elementary or secondary schools. Such partnerships may include mentoring, tutoring, or other instructional opportunities that will boost student academic achievement and assist elementary and secondary school students in developing the academic skills and the interest to pursue postsecondary education.
;
by redesignating paragraphs (5) through (14) as paragraphs (6) through (15), respectively; and
by inserting after paragraph (4) the following:
Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.
;
in section 504(a) (20 U.S.C. 1101c(a))—
by striking the following:
Award Period
In general
The Secretary
and inserting the following:
Award Period
The Secretary
; and
by striking paragraph (2); and
in section 514(c)
(20 U.S.C. 1103c(c)), by striking section 505
and inserting
section 504
.
Postbaccalaureate opportunities for Hispanic Americans
Establishment of Program
Title V is amended—
by redesignating part B as part C;
by redesignating sections 511 through 518 as sections 521 through 528, respectively; and
by inserting after section 505 (20 U.S.C. 1101d) the following new part:
PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS
Purposes
The purposes of this part are—
to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; and
to expand the postbaccalaureate academic offerings and enhance the program quality in the institutions that are educating the majority of Hispanic college students and helping large numbers of Hispanic and low-income students complete postsecondary degrees.
Program authority and eligibility
Program Authorized
Subject to the availability of funds appropriated to carry out this part, the Secretary shall award competitive grants to Hispanic-serving institutions determined by the Secretary to be making substantive contributions to graduate educational opportunities for Hispanic students.
Eligibility
For
the purposes of this part, an eligible institution
means an
institution of higher education that—
is an eligible institution under section 502(a)(2); and
offers a postbaccalaureate certificate or degree granting program.
Authorized activities
Grants awarded under this part shall be used for one or more of the following activities:
Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.
Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services.
Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials.
Support for needy postbaccalaureate students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit the enrollment of such students in postbaccalaureate certificate and degree granting programs.
Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction.
Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services.
Collaboration with other institutions of higher education to expand postbaccalaureate certificate and degree offerings.
Other activities proposed in the application submitted pursuant to section 514 that—
contribute to carrying out the purposes of this part; and
are approved by the Secretary as part of the review and acceptance of such application.
Application and duration
Application
Any eligible institution may apply for a grant under this part by submitting an application to the Secretary at such time and in such manner as determined by the Secretary. Such application shall demonstrate how the grant funds will be used to improve postbaccalaureate education opportunities in programs and professions in which Hispanic Americans are underrepresented.
Duration
Grants under this part shall be awarded for a period not to exceed 5 years.
Limitation
The Secretary shall not award more than one grant under this part in any fiscal year to any Hispanic-serving institution.
.
Cooperative Arrangements
Section 524(a) (as redesignated by subsection
(a)(2)) (20 U.S.C. 1103c(a)) is amended by inserting and section
513
after section 503
.
Authorization of appropriations
Subsection (a) of section 528 (as redesignated by section 504(a)(2) of this Act) (20 U.S.C. 1103g) is amended to read as follows:
Authorizations
Part A
There are authorized to be appropriated to carry out part A and part C of this title $96,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
Part B
There are authorized to be appropriated to carry out part B of this title $59,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
.
TITLE VI AMENDMENTS
International and foreign language studies
Findings and Purposes
Section 601 (20 U.S.C. 1121) is amended—
in subsection (a)—
by striking
post-Cold War
in paragraph (3);
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
by inserting after paragraph (3) the following new paragraph:
The events and aftermath of September 11, 2001, have underscored the need for the Nation to strengthen and enhance American knowledge of international relations, world regions, and foreign languages. Homeland security and effective United States engagement abroad depend upon an increased number of Americans who have received such training and are willing to serve their Nation.
; and
by inserting after paragraph (6) the following new paragraphs:
It is crucial that we expand the number of individuals in the United States mastering languages such as Arabic, Chinese, Russian, Hindi and Farsi, and the number of advanced-level speakers of those languages.
The weaknesses in teaching and learning foreign languages can be addressed by starting language learning at a younger age and expanding opportunities for foreign language education throughout formal schooling, including the postsecondary level.
;
in subsection (b)(1)—
by striking
; and
at the end of subparagraph (D) and inserting ,
including through linkages overseas with institutions of higher education and
relevant organizations that contribute to the educational programs assisted
under this part;
;
by inserting
and
after the semicolon at the end of subparagraph (E);
by inserting after such subparagraph (E) the following new subparagraph:
to assist the national effort to educate and train citizens to participate in the efforts of homeland security;
;
in subsection
(b)(2) strike and
at the end;
in subsection (b)(3)—
by inserting
reinforce and
before coordinate
;
by inserting
, and international business and trade competitiveness
before
the period; and
by striking the
period at the end and inserting and
; and
by adding at the end the following:
to significantly increase the opportunities to study, and the number of students in the United States who achieve the highest level of proficiency in, foreign languages critical to the security and competitiveness of the Nation.
.
Graduate and Undergraduate Language and Area Centers and Programs
Section 602(a) (20 U.S.C. 1122(a)) is amended—
in paragraph (1), by striking subparagraph (A) and inserting the following:
In general
The Secretary is authorized to make grants to institutions of higher education or consortia of such institutions for the purpose of establishing, strengthening, and operating—
comprehensive foreign language and area or international studies centers and programs; and
a diverse network of undergraduate foreign language and area or international studies centers and programs.
;
in paragraph (2)—
by striking
and
at the end of subparagraph (G);
by striking the period at the end of subparagraph (H) and inserting a semicolon; and
by inserting after subparagraph (H) the following new subparagraphs:
supporting instructors of the less commonly taught languages;
widely disseminating materials developed by the center or program to local educational agencies and public and private elementary and secondary education schools, and institutions of higher education, presented from diverse perspectives and reflective of a wide range of views on the subject matter, except that no more than 50 percent of funds awarded to an institution of higher education or consortia of such institutions for purposes under this title may be associated with the costs of dissemination; and
projects that support in students an understanding of science and technology in coordination with foreign language proficiency.
; and
in paragraph (4)—
by amending subparagraph (B) to read as follows:
Partnerships or programs of linkage and outreach with 2-year and 4-year colleges and universities, including colleges of education and teacher professional development programs.
;
in subparagraph
(C), by striking Programs of linkage or outreach
and inserting
Partnerships or programs of linkage and outreach
;
in subparagraph (E)—
by
striking foreign area
and inserting area
studies
;
by
striking of linkage and outreach
; and
by
striking (C), and (D)
and inserting (D), and
(E)
;
by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and
by inserting after subparagraph (B) the following new subparagraph:
Partnerships with local educational agencies and public and private elementary and secondary education schools that are designed to increase student academic achievement in foreign language and knowledge of world regions, and to facilitate the wide dissemination of materials related to area studies, foreign languages, and international studies that are reflective of a wide range of views on the subject matter.
.
Language Resource Centers
Section 603(c) (20 U.S.C. 1123(c)) is amended by
inserting reflect the purposes of this part and
after
shall
.
Undergraduate International Studies and Foreign Language Programs
Section 604 (20 U.S.C. 1124) is amended—
in subsection
(a)(1), by striking combinations
each place it appears and
inserting consortia
;
in subsection (a)(2)—
in subparagraph
(B)(ii), by striking teacher training
and inserting
teacher professional development
;
by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively;
by inserting after subparagraph (H) the following new subparagraph:
the provision of grants for educational programs abroad that are closely linked to the program’s overall goals and have the purpose of promoting foreign language fluency and knowledge of world regions, except that not more than 10 percent of a grant recipient’s funds may be used for this purpose;
; and
in subparagraph
(M)(ii) (as redesignated by subparagraph (B) of this paragraph), by striking
elementary and secondary education institutions
and inserting
local educational agencies and public and private elementary and
secondary education schools
;
in
subsection (a)(4)(B), by inserting that demonstrates a need for a waiver
or reduction
before the period at the end;
in subsection
(a)(6), by inserting reflect the purposes of this part and
after
shall
;
in subsection
(a)(8), by striking may
and inserting shall
;
and
by striking subsection (c).
Research; Studies; Annual Report
Section 605(a) (20 U.S.C. 1125(a)) is
amended by inserting before the period at the end of the first sentence the
following: , including the systematic collection, analysis, and
dissemination of data
.
Technological Innovation and Cooperation for Foreign Information Access
Section 606 (20 U.S.C. 1126) is amended—
in subsection (a)—
by striking
or consortia of such institutions or libraries
and inserting
museums, or consortia of such entities
;
by striking
new
; and
by inserting
from foreign sources
after disseminate
information
;
in subsection (b)—
by inserting
acquire and
before facilitate access
in paragraph
(1);
by striking
new means of
in paragraph (3) and inserting new means and
standards for
;
by striking
and
at the end of paragraph (6);
by striking the period at the end of paragraph (7) and by inserting a semicolon; and
by inserting after paragraph (7) the following new paragraphs:
to establish linkages between grant recipients under subsection (a) with libraries, museums, organizations, or institutions of higher education located overseas to facilitate carrying out the purposes of this section; and
to carry out other activities deemed by the Secretary to be consistent with the purposes of this section.
; and
by adding at the end the following new subsection:
Special Rule
The Secretary may waive or reduce the required non-Federal share for institutions that—
are eligible to receive assistance under part A or B of title III or under title V; and
have submitted a grant application under this section that demonstrates a need for a waiver or reduction.
.
International and foreign language studies
Part A of title VI (20 U.S.C. 1121 et seq.) is amended—
by redesignating sections 607 through 614 as sections 608 through 615, respectively; and
by inserting after section 606 the following:
Advancing America through foreign language partnerships
Program authorized
In general
The Secretary is authorized to award grants to institutions of higher education, in partnership with one or more local educational agencies, to establish articulated programs of study in critical-need foreign languages that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages.
Grant period
A grant awarded under paragraph (1) shall be for a period of not more than five years. A grant may be renewed for not more than two additional five-year periods, if the Secretary determines that the grantee’s program is effective and the renewal will best serve the purpose of this program.
Definitions
As used in this section:
The term
critical-need foreign languages
means foreign languages, such as
Arabic, Chinese, Russian, Hindi, and Farsi, determined by the Secretary to be
most critical for the national security of the United States.
The term
superior level of proficiency
means level (3), the professional
working level, as measured by the Federal Interagency Language Roundtable (ILR)
or the American Council on the Teaching of Foreign Languages (ACTFL).
Applications
In general
Any institution of higher education that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
Contents
Each application shall—
identify each local educational agency partner, including contact information and letters of commitment, and describe each such partner’s responsibilities (including how they will be involved in planning and implementing program curriculum, what resources they will provide, and how they will ensure continuity of student progress from elementary school to the postsecondary level);
describe how an articulated curriculum for students will be developed and implemented, including how pedagogical philosophy, goals, and approaches will be consistent throughout all educational levels of the program;
identify target proficiency levels for students at critical benchmarks (such as grades 4, 8, and 12), and describe how progress toward those proficiency levels will be assessed at the benchmarks and how the project will use the results of the assessments to ensure continuous progress toward achieving a superior level of proficiency at the postsecondary level;
describe how the applicant will—
ensure that students entering college from a program supported under this part will be assessed and enabled to progress to a superior level of proficiency;
address the needs of students already at, or near, the superior level of proficiency, which may include diagnostic assessments for placement purposes, customized and individualized language learning opportunities, and experimental and interdisciplinary language learning; and
identify and describe how it will partner with other institutions of higher education to provide participating students with multiple options for postsecondary education consistent with the purpose of this part; and
describe how the applicant will support and continue the program after the grant has expired, including how it will seek support from other sources, such as State and local government, foundations, and the private sector.
Uses of funds
Funds awarded under this part shall be used to develop and implement programs at the elementary through postsecondary school levels consistent with the purpose of this part by carrying out one or more of the following activities:
To recruit and develop teachers directly related to the purpose of this part at the elementary through high school levels.
To provide innovative opportunities for maximum language exposure for students in the program, such as the creation of immersion environments (like language houses, language tables, and immersion classrooms, and weekend and summer experiences).
Matching
In general
Contribution
In each fiscal year, a grantee shall provide a non-Federal contribution in an amount equal to 10 percent of the total amount of the grant award for that fiscal year.
Waiver
The Secretary may waive the requirement of subparagraph (A), in any fiscal year, if the Secretary determines that—
the application of the matching requirement will result in serious hardship for the grantee; or
it will best serve the purpose of this program.
Composition
A grantee’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used in a manner consistent with the purpose of this section.
Program evaluation
In general
The Secretary may reserve not more than five percent of the total amount appropriated for this part for any fiscal year to evaluate the program under this part.
Reports
The Secretary shall promptly report to Congress on the results of any program evaluation conducted under this subsection.
.
Selection of Grant Recipients
Section 608(b) (20 U.S.C. 1127(b)), as redesignated by subsection (g)(1) of this section, is amended—
by striking
objectives
and inserting missions
; and
by adding at the
end the following new sentence: In keeping with the purposes of this
part, the Secretary shall take into account the degree to which activities of
centers, programs, and fellowships at institutions of higher education address
national interests, generate and disseminate information, and foster debate on
international issues from diverse perspectives.
.
Equitable Distribution
Section 609(a)
(20 U.S.C. 1128(a)), as redesignated by subsection (g)(1) of this section, is
amended by adding at the end the following new sentence: Grants made
under section 602 shall also reflect the purposes of this part.
.
Authorization of Appropriations
Section 611 (20 U.S.C. 1128b), as redesignated by subsection (g)(1) of this section, is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Conforming Amendments
Sections 603(a)
and 604(a)(5) (20 U.S.C. 1123(a), 1124(a)(5)) and section 613 (20 U.S.C.
1130-1), as redesignated by subsection (g)(1) of this section, are each amended
by striking combinations
each place it appears and inserting
consortia
.
Section 613 (20 U.S.C. 1130–1), as
redesignated by subsection (g)(1) of this section, is amended by striking
combination
each place it appears and inserting
consortium
.
Sense of the Congress
It is the sense of the Congress that due to the diplomatic, economic, and military importance of China and the Middle East, international exchange and foreign language education programs under the Higher Education Act of 1965 should focus on the learning of Chinese and Arabic language and culture.
Business and international education programs
Centers for International Business Education
Section 613 (20 U.S.C. 1130–1), as redesignated by section 601(g)(1) of this title, is amended—
in subsection
(c)(1)(D), by inserting (including those that are eligible to receive
assistance under part A or B of title III or under title V)
after
other institutions of higher education
; and
in subsection (e), by adding at the end the following new paragraph:
Special rule
The Secretary may waive or reduce the required non-Federal share for institutions that—
are eligible to receive assistance under part A or B of title III or under title V; and
have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.
.
Education and Training Programs
Section 614 (20 U.S.C. 1130a), as redesignated by section 601(g)(1) of this title, is amended by adding at the end the following new subsection:
Special Rule
The Secretary may waive or reduce the required non-Federal share for institutions that—
are eligible to receive assistance under part A or B of title III or under title V; and
have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.
.
Authorization of Appropriations
Section 615 (20 U.S.C. 1130b), as redesignated by section 601(g)(1) of this title, is amended—
by striking
1999
each place it appears and inserting 2008
;
and
by striking
4 succeeding
each place it appears and inserting 5
succeeding
.
Institute for International Public Policy
Foreign Service Professional Development
Section 621 (20 U.S.C. 1131) is amended—
by striking the heading of such section and inserting the following:
Program for foreign service professionals
;
by
striking the second sentence of subsection (a) and inserting the following:
The Institute shall conduct a program to enhance the international
competitiveness of the United States by increasing the participation of
underrepresented populations in the international service, including private
international voluntary organizations and the foreign service of the United
States.
; and
in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following:
A Tribally Controlled College or University or Alaska Native or Native Hawaiian-serving institution eligible for assistance under title III, an institution eligible for assistance under part B of title III, or a Hispanic-serving institution eligible for assistance under title V.
An institution of higher education which serves substantial numbers of underrepresented students.
.
Institutional Development
Section 622 (20 U.S.C. 1131–1) is amended by
inserting before the period at the end of subsection (a) the following:
and promote collaboration with colleges and universities that receive
funds under this title
.
Study Abroad Program
Section 623(a) (20 U.S.C. 1131a(a)) is amended by
inserting after 1978,
the following: Alaska
Native-serving, Native Hawaiian-serving, and Hispanic-serving
institutions,
.
Advanced Degree in International Relations
Section 624 (20 U.S.C. 1131b) is amended—
by striking
masters
in the heading of such
section and inserting
advanced
;
by striking
a masters degree in international relations
and inserting
an advanced degree in international relations, international affairs,
international economics, or other academic areas related to the Institute
fellow’s career objectives
; and
by striking
The masters degree program designed by the consortia
and
inserting The advanced degree study program shall be designed by the
consortia, consistent with the fellow’s career objectives, and
.
Internships
Section 625 (20 U.S.C. 1131c) is amended—
in subsection (a),
by inserting after 1978,
the following: Alaska
Native-serving, Native Hawaiian-serving, and Hispanic-serving
institutions,
;
in subsection (b)—
by inserting
and
after the semicolon at the end of paragraph (2);
by striking
; and
at the end of paragraph (3) and inserting a period;
and
by striking paragraph (4); and
by amending subsection (c) to read as follows:
Ralph J. Bunche Fellows
In order to assure the recognition and commitment of
individuals from underrepresented student populations who demonstrate special
interest in international affairs and language study, eligible students who
participate in the internship programs authorized under (a) and (b) shall be
known as the Ralph J. Bunche
Fellows
.
.
Report
Section
626 (20 U.S.C. 1131d) is amended by striking annually prepare a
report
and inserting prepare a report biennially
.
Authorization of Appropriations
Section 628 (20 U.S.C. 1131f) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Evaluation, outreach, and dissemination
Part D of title VI is amended by inserting after section 631 (20 U.S.C. 1132) the following new section:
Evaluation, outreach, and dissemination
The Secretary may use not more than one percent of the funds made available for this title for program evaluation, national outreach, and information dissemination activities.
.
Advisory Board
Part D of title VI is amended by inserting after section 632 (as added by section 604) the following new section:
International Higher Education Advisory Board
Establishment and Purpose
Establishment
There
is established in the Department an independent International Higher Education
Advisory Board (hereafter in this section referred to as the
International Advisory Board
). The International Advisory Board
shall provide advice, counsel, and recommendations to the Secretary and the
Congress on international education issues for higher education.
Purpose
The purpose of the International Advisory Board is—
to provide expertise in the area of national needs for proficiency in world regions, foreign languages, international affairs, and international business;
to make recommendations that will promote the excellence of international education programs and result in the growth and development of such programs at the postsecondary education level that will reflect diverse perspectives and a wide range of views on world regions, foreign language, international affairs, and international business; and
to advise the Secretary and the Congress with respect to needs for expertise in government, the private sector, and education in order to enhance America’s understanding of, and engagement in, the world.
Independence of International Advisory Board
In the exercise of its functions, powers, and duties, the International Advisory Board shall be independent of the Secretary and the other offices and officers of the Department. Except as provided in this subsection and subsection (f), the recommendations of the International Advisory Board shall not be subject to review or approval by any officer of the Federal Government. Nothing in this title shall be construed to authorize the International Advisory Board to mandate, direct, or control an institution of higher education’s specific instructional content, curriculum, or program of instruction or instructor. The International Advisory Board is authorized to assess a sample of activities supported under this title, using materials that have been submitted to the Department of Education by grant recipients under this title, in order to provide recommendations to the Secretary and the Congress for the improvement of programs under the title and to ensure programs meet the purposes of the title to promote the study of and expertise in foreign language and world regions, especially with respect to diplomacy, national security, and international business and trade competitiveness. The recommendations of the International Advisory Board may address any area in need of improvement, except that any recommendation of specific legislation to Congress shall be made only if the President deems it necessary and expedient.
Membership
Appointment
The International Advisory Board shall have 7 members of whom—
3 members shall be appointed by the Secretary;
2 members shall be appointed by the Speaker of the House of Representatives, upon the recommendation of the Majority Leader and the Minority Leader; and
2 members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the Majority Leader and the Minority Leader.
Representation
Two of the members appointed by the Secretary under paragraph (1)(A) shall be appointed to represent Federal agencies that have diplomacy, national security, international commerce, or other international activity responsibilities, after consultation with the heads of such agencies. The members of the International Advisory Board shall also include (but not be limited to) persons with international expertise representing States, institutions of higher education, cultural organizations, educational organizations, international business, local education agencies, students, and private citizens with expertise in international concerns.
Qualification
Members of the International Advisory Board shall be individuals who have technical qualifications, professional standing, experience working in international affairs or foreign service or international business occupations, or demonstrated knowledge in the fields of higher education and international education, including foreign languages, world regions, or international affairs.
Functions of the International Advisory Board
In general
The International Advisory Board shall provide recommendations in accordance with subsection (b) regarding improvement of programs under this title to the Secretary and the Congress for their review. The International Advisory Board may—
review and comment upon the regulations for grants under this title;
assess a sample of activities supported under this title based on the purposes and objectives of this title, using materials that have been submitted to the Department of Education by grant recipients under this title, in order to provide recommendations for improvement of the programs under this title;
make recommendations that will assist the Secretary and the Congress to improve the programs under this title to better reflect the national needs related to foreign languages, world regions, diplomacy, national security, and international business and trade competitiveness, including an assessment of the national needs and the training provided by the institutions of higher education that receive a grant under this title for expert and non-expert level foreign language training;
make recommendations to the Secretary and the Congress regarding such studies, surveys, and analyses of international education that will provide feedback about the programs under this title and assure that their relative authorized activities reflect diverse perspectives and a wide range of views on world regions, foreign languages, diplomacy, national security, and international business and trade competitiveness;
make recommendations that will strengthen the partnerships between local educational agencies, public and private elementary and secondary education schools, and grant recipients under this title to ensure that the research and knowledge about world regions, foreign languages, and international affairs is widely disseminated to local educational agencies;
make recommendations on how institutions of higher education that receive a grant under this title can encourage students to serve the Nation and meet national needs in an international affairs, international business, foreign language, or national security capacity;
make recommendations on how linkages between institutions of higher education and public and private organizations that are involved in international education, international business and trade competitiveness, language training, and international research capacities may fulfill the manpower and information needs of United States businesses; and
make recommendations to the Secretary and the Congress about opportunities for underrepresented populations in the areas of foreign language study, diplomacy, international business and trade competitiveness, and international economics, in order to effectively carry out the activities of the Institute under part C.
Hearings
The International Advisory Board shall provide for public hearing and comment regarding the matter contained in the recommendations described in paragraph (1), prior to the submission of those recommendations to the Secretary and the Congress.
Operations of the Committee
Terms
Each member of the International Advisory Board shall be appointed for a term of 3 years, except that, of the members first appointed (A) 4 shall be appointed for a term of 3 years, and (B) 3 shall be appointed for a term of 4 years, as designated at the time of appointment by the Secretary. A member of the International Advisory Board may be reappointed to successive terms on the International Advisory Board.
Vacancies
Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of such term. A member of the International Advisory Board shall, upon the Secretary’s request, continue to serve after the expiration of a term until a successor has been appointed.
No governmental members
Except for the members appointed by the Secretary under subsection (c)(1)(A), no officers or full-time employees of the Federal Government shall serve as members of the International Advisory Board.
Meetings
The International Advisory Board shall meet not less than once each year. The International Advisory Board shall hold additional meetings at the call of the Chair or upon the written request of not less than 3 voting members of the International Advisory Board.
Quorum
A majority of the voting members of the International Advisory Board serving at the time of a meeting shall constitute a quorum.
Chair
The International Advisory Board shall elect a Chairman or Chairwoman from among the members of the International Advisory Board.
Submission to Department for Comment
The International Advisory Board shall submit its proposed recommendations to the Secretary of Education for comment for a period not to exceed 30 days in each instance.
Personnel and Resources
Compensation and expense
Members of the International Advisory Board shall serve without pay for such service. Members of the International Advisory Board who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the International Advisory Board. Members of the International Advisory Board may each receive reimbursement for travel expenses incident to attending International Advisory Board meetings, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.
Personnel
The International Advisory Board may appoint such personnel as may be determined necessary by the Chairman without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the maximum rate payable under section 5376 of such title. The International Advisory Board may appoint not more than one full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5, United States Code. The International Advisory Board shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.
Consultation
In carrying out its duties under the Act, the International Advisory Board shall consult with other Federal agencies, representatives of State and local governments, and private organizations to the extent feasible.
Assistance from other agencies
Information
The International Advisory Board is authorized to secure directly from any grantee under this title, executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this section and each such grantee department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the International Advisory Board, upon request made by the Chairman for the purpose of providing expertise in the area of national needs for the proficiency in world regions, foreign languages, and international affairs.
Services and personnel
The head of each Federal agency shall, to the extent not prohibited by law, consult with the International Advisory Board in carrying out this section. The International Advisory Board is authorized to utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimbursement, for the purpose of providing expertise in the area of national needs for the proficiency in world regions, foreign languages, and international affairs.
Contracts; experts and consultants
The International Advisory Board may enter into contracts for the acquisition of information, suggestions, estimates, and statistics for the purpose of this section. The International Advisory Board is authorized to obtain the services of experts and consultants without regard to section 3109 of title 5, United States Code and to set pay in accordance with such section.
Termination
Notwithstanding the sunset and charter provisions of the Federal Advisory Committee Act (5 U.S.C. App. I) or any other statute or regulation, the International Advisory Board shall be authorized through September 30, 2012.
Funds
The Secretary shall use not more than one-half of the funds available to the Secretary under section 632 to carry out this section.
.
Recruiter access to students and student recruiting information; safety
Part D of title VI is amended by inserting after section 633 (as added by section 605) the following new sections:
Recruiter access to students and student recruiting information
Each institution of higher education that receives a grant under this title shall assure that—
recruiters of the United States Government and agencies thereof are given the same access to students as is provided generally to other institutions of higher education and prospective employers of those students for the purpose of recruiting for graduate opportunities or prospective employment; and
no undue restrictions are placed upon students that seek employment with the United States Government or any agency thereof.
Student safety
Applicants seeking funds under this title to support student travel and study abroad shall submit as part of their grant application a description of safety policies and procedures for students participating in the program while abroad.
.
National study of foreign language heritage communities
Part D of title VI is further amended by inserting after section 635 (as added by section 606) the following new section:
National study of foreign language heritage communities
Study
The Secretary of Education, in consultation with the International Advisory Board, shall conduct a study to identify foreign language heritage communities, particularly such communities that include speakers of languages that are critical to the national security of the United States.
Foreign Language Heritage Community
For purposes of this section, the term foreign language heritage community means a community of residents or citizens of the United States who are native speakers of, or who have partial fluency in, a foreign language.
Report
Not later than one year after the date of the enactment of this Act, the Secretary of Education shall submit a report to the Congress on the results of the study conducted under this section.
.
TITLE VII AMENDMENTS
Javits fellowship program
Authority and Timing of Awards
Section 701(a) (20 U.S.C. 1132a(a)) is amended
by inserting after the second sentence the following: For purposes of
the exception in the preceding sentence, a master’s degree in fine arts shall
be considered a terminal degree.
.
Interruptions of Study
Section 701(c) (20 U.S.C. 1134(c)) is amended by adding at
the end the following new sentence: In the case of other exceptional
circumstances, such as active duty military service or personal or family
member illness, the institution of higher education may also permit the
fellowship recipient to interrupt periods of study for the duration of the tour
of duty (in the case of military service) or not more than 12 months (in any
other case), but without payment of the stipend.
.
Allocation of Fellowships
Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended—
in
the first sentence, by inserting from diverse geographic regions
after higher education
; and
by adding at the
end the following new sentence: The Secretary shall also assure that at
least one representative appointed to the Board represents an institution that
is eligible for a grant under title III or V of this Act.
.
Stipends
Section 703 (20 U.S.C. 1134b(a)) is amended—
in subsection (a)—
by striking
1999–2000
and inserting 2008–2009
;
by striking
shall be set
and inserting may be set
; and
by striking
Foundation graduate fellowships
and inserting Foundation
Graduate Research Fellowship Program on February 1 of such academic
year
; and
in subsection (b), by amending paragraph (1)(A) to read as follows:
In general
The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 2008–2009 and succeeding academic years, the same amount as the institutional payment made for 2007–2008 adjusted for 2008–2009 and annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for All Urban Consumers for the previous calendar year.
.
Authorization of Appropriations
Section 705 (20 U.S.C. 1134d) is amended by
striking fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years
and inserting fiscal year 2008 and
such sums as may be necessary for each of the 5 succeeding fiscal
years
.
Graduate assistance in areas of national need
Designation of Areas of National Need; Priority
Section 712 (20 U.S.C. 1135a) is amended—
in the last sentence of subsection (b)—
by striking
and an assessment
and inserting an assessment
;
and
by inserting
before the period at the end the following: , and the priority described
in subsection (c) of this section
; and
by adding at the end the following new subsection:
Priority
The Secretary shall establish a priority for grants in order to prepare individuals for the professoriate who will train highly-qualified elementary and secondary math and science teachers, special education teachers, and teachers who provide instruction for limited English proficient individuals. Such grants shall offer program assistance and graduate fellowships for—
post-baccalaureate study related to teacher preparation and pedagogy in math and science for students who have completed a master’s degree or are pursuing a doctorate of philosophy in math and science;
post-baccalaureate study related to teacher preparation and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient individuals; and
support of dissertation research in the fields of math, science, special education, or second language pedagogy and second language acquisition.
.
Collaboration Required for Certain Applications
Section 713(b) (20 U.S.C. 1135b) is amended—
by striking
and
at the end of paragraph (9);
by redesignating paragraph (10) as paragraph (11); and
by inserting after paragraph (9) the following new paragraph:
in the case of an application from a department, program, or unit in education or teacher preparation, provide assurances that such department, program, or unit will collaborate with departments, programs, or units in all content areas to ensure a successful combination of training in both teaching and such content; and
.
Stipends
Section 714(b) (20 U.S.C. 1135c(b)) is amended—
by striking
1999–2000
and inserting 2008–2009
;
by striking
shall be set
and inserting may be set
; and
by striking
Foundation graduate fellowships
and inserting Foundation
Graduate Research Fellowship Program on February 1 of such academic
year
.
Additional Assistance
Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended—
by
striking 1999–2000
and inserting
2008–2009
;
by striking
1998–1999
and inserting 2007–2008
; and
by
inserting for All Urban Consumers
after Price
Index
.
Authorization of Appropriations
Section 716 (20 U.S.C. 1135e) is amended by
striking fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years
and inserting fiscal year 2008 and
such sums as may be necessary for each of the 5 succeeding fiscal
years
.
Technical Amendments
Section 714(c) (20 U.S.C. 1135c(c)) is amended—
by
striking section 716(a)
and inserting section
715(a)
; and
by striking
section 714(b)(2)
and inserting section
713(b)(2)
.
Thurgood Marshall legal educational opportunity program
Contract and Grant Purposes
Section 721(c) (20 U.S.C. 1136(c)) is amended—
by amending paragraph (2) to read as follows:
to prepare such students for study at accredited law schools and assist them with the development of analytical skills and study methods to enhance their success and promote completion of law school;
;
by striking
and
at the end of paragraph (4);
by striking the
period at the end of paragraph (5) and inserting ; and
;
and
by adding at the end the following new paragraph:
to award Thurgood Marshall Fellowships to eligible law school students—
who participated in summer institutes authorized by subsection (d) and who are enrolled in an accredited law school; or
who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity.
.
Services Provided
Section 721(d)(1)(D) (20 U.S.C. 1136(d)(1)(D)) is
amended by inserting in analytical skills and study methods
after courses
.
Authorization of Appropriations
Section 721(h) (20 U.S.C. 1136(h)) is amended by
striking 1999 and each of the 4 succeeding fiscal years
and
inserting 2008 and each of the 5 succeeding fiscal years
.
General Provisions
Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed.
Fund for the improvement of postsecondary education
Contract and Grant Purposes
Section 741(a) (20 U.S.C. 1138(a)) is amended—
by amending paragraph (1) to read as follows:
the encouragement of the reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all, especially for the non-traditional student populations;
;
in
paragraph (2), by inserting before the semicolon at the end the following:
for postsecondary students, especially institutions, programs, and joint
efforts that provide academic credit for programs
;
by amending paragraph (3) to read as follows:
the establishment of institutions and programs based on the technology of communications, including delivery by distance education;
;
by amending paragraph (6) to read as follows:
the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;
;
by striking
and
at the end of paragraph (7);
by striking the period at the end of paragraph (8) and inserting a semicolon; and
by adding at the end the following new paragraphs:
the provision of support and assistance to programs implementing integrated education reform services in order to improve secondary school graduation and college attendance and completion rates for disadvantaged students, and to programs that reduce postsecondary remediation rates, and improve degree attainment rates, for low-income students and former high school dropouts;
the assessment, in partnership with a public or private nonprofit institution or agency, of the performance of teacher preparation programs within institutions of higher education in a State, using an assessment which provides comparisons across such schools within the State based upon indicators including teacher candidate knowledge in subject areas in which such candidate has been prepared to teach;
supporting efforts to establish pilot programs and initiatives to help college campuses to reduce illegal downloading of copyrighted content, in order to improve the security and integrity of campus computer networks and save bandwidth costs;
support increased fire safety in student housing—
by establishing a demonstration incentive program for qualified student housing in institutions of higher education;
by making grants for the purpose of installing fire alarm detection, prevention, and protection technologies in student housing, dormitories, and other buildings controlled by such entities; and
by requiring, as a condition of such grants—
that such technologies be installed professionally to technical standards of the National Fire Protection Association; and
that the recipient shall provide non-Federal matching funds in an amount equal to the amount of the grant; and
establishing and operating pregnant and parenting student services offices that—
will serve students who are pregnant or parenting, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption; and
will help students with locating and utilizing child care, family housing, flexible academic scheduling such as telecommuting programs, parenting classes and programs, and post-partum counseling and support groups.
.
Military scholorships
Section 741 (20 U.S.C. 1138) is further amended by adding at the end the following new subsection:
Scholarship Program for Family Members of Veterans or Members of the Military
Authorization
The Secretary shall contract with a nonprofit organization with demonstrated experience in carrying out the activities described in this subsection to carry out a program to provide postsecondary education scholarships for eligible students.
Eligible students
In this subsection, the term eligible
student
means an individual who is enrolled as a full-time or part-time
student at an institution of higher education (as defined in section 102) and
who is—
a dependent student who is a child of—
an individual who is—
serving on active duty during a war or other military operation or national emergency (as defined in section 481); or
performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 481); or
a veteran who died while serving or performing, as described in subclause (I), since September 11, 2001, or has been disabled while serving or performing, as described in clause (i), as a result of such event; or
an independent student who is a spouse of—
an individual who is—
serving on active duty during a war or other military operation or national emergency (as defined in section 481); or
performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 481); or
a veteran who died while serving or performing, as described in subclause (I), since September 11, 2001, or has been disabled while serving or performing, as described in clause (i), as a result of such event.
Awarding of scholarships
Scholarships awarded under this subsection shall be awarded based on need with priority given to eligible students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV.
Maximum scholarship amount
The maximum scholarship amount awarded to an eligible student under this subsection for an academic year shall be the lesser of—
the difference between the eligible student’s cost of attendance (as defined in section 472) and any non-loan based aid such student receives; or
$5,000.
Amounts for scholarships
All of the amounts appropriated to carry out this subsection for a fiscal year shall be used for scholarships awarded under this subsection, except that a nonprofit organization receiving a contract under this subsection may use not more than 1 percent of such amounts for the administrative costs of the contract.
.
Prohibition
Section 741 (20 U.S.C. 1138) is further amended by adding at the end the following subsection:
Prohibition
No funds made available under this part may be used to provide financial assistance to students who do not meet the requirements of section 484(a)(5).
.
Areas of National Need
Section 744(c) (20 U.S.C. 1138c(c)) is amended—
by amending paragraph (2) to read as follows:
Development of partnerships between local educational agencies and institutions of higher education to establish or expand existing dual enrollment programs at institutions of higher education that allow high school students to earn high school and transferable college credit.
Development of consortia of institutions of higher education to create dual enrollment programs including academic and student support agreements and comprehensive articulation agreements that would allow for the seamless and timely acquisition of college credits and the transfer of postsecondary academic credits between such institutions, particularly from 2-year to 4-year institutions of higher education.
; and
by striking paragraph (4) and inserting the following:
International cooperation, partnerships, or student exchange among postsecondary educational institutions in the United States and abroad.
Establishment of academic programs including graduate and undergraduate courses, seminars and lectures, support of research, and development of teaching materials for the purpose of supporting faculty and academic programs that teach traditional American history (including significant constitutional, political, intellectual, economic, diplomatic, and foreign policy trends, issues, and documents; the history, nature, and development of democratic institutions of which American democracy is a part; and significant events and individuals in the history of the United States).
Support for planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to enable institutions of higher education to work with private and civic organizations to assist communities to meet and address their pressing and severe problems, including economic development, community infrastructure and housing, crime prevention, education, healthcare, self-sufficiency, and workforce preparation. Such activities may include support for the development of coordinated curriculum and internship opportunities for students in disadvantaged communities.
.
Authorization of Appropriations
Section 745 (20 U.S.C. 1138d) is amended by
striking $30,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years
and inserting
$40,000,000 for fiscal year 2008 and such sums as may be necessary for
each of the 5 succeeding fiscal years
.
Urban community service
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
Demonstration projects to ensure students with disabilities receive a quality higher education
Serving All Students With Disabilities
Section 762(a) (20 U.S.C. 1140a(a)) is
amended by striking students with learning disabilities
and
inserting students with disabilities
.
Authorized Activities
Amendment
Section 762(b)(2) is amended—
in subparagraph
(A), by inserting in order to improve retention and completion
after disabilities
;
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (E), respectively;
by inserting after subparagraph (A) the following new subparagraph:
Effective transition practices
The development of innovative, effective, and efficient teaching methods and strategies to ensure the smooth transition of students with disabilities from high school to postsecondary education.
; and
by inserting after subparagraph (C) (as redesignated by subparagraph (B) of this paragraph) the following new subparagraph:
Distance learning
The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or classes that would enhance access of students with disabilities to higher education, including the use of electronic communication for instruction and advisement.
.
Conforming amendment
Section 762(b)(3) is amended by striking
subparagraphs (A) through (C)
and inserting subparagraphs
(A) through (E)
.
Applications
Section 763 (20 U.S.C. 1140b) is amended—
by amending paragraph (1) to read as follows:
a description of how such institution plans to address the activities allowed under this part;
;
by striking
and
at the end of paragraph (2);
by striking the
period at the end of paragraph (3) and inserting ; and
;
and
by adding at the end the following new paragraph:
a description of the extent to which an institution will work to replicate the best practices of institutions of higher education with demonstrated success in serving students with disabilities.
.
Authorization of Appropriations
Section 765 (20 U.S.C. 1140d) is amended by
striking fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years
and inserting fiscal year 2008 and
such sums as may be necessary for each of the 5 succeeding fiscal
years
.
CLERICAL AMENDMENTS
Clerical Amendments
Definition
Section 103 (20 U.S.C. 1003) (as amended by section 102) is further amended—
by redesignating paragraphs (1) through (16) as paragraphs (2) through (17), respectively; and
by inserting before paragraph (2) (as so redesignated) the following new paragraph:
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.
.
Committees
The following
provisions are each amended 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
:
Section 428(g) (20 U.S.C. 1078(g)).
Section 428A(c)(2) (20 U.S.C. 1078–1(c)(2)).
Section 428A(c)(5) (20 U.S.C. 1078–1(c)(5)).
Section 455(b)(7)(B) (20 U.S.C. 1087e(b)(7)(B)), as redesignated by section 423(b)(3).
Section 483(c) (20 U.S.C. 1090(c)).
Section 486(e) (20 U.S.C. 1093(e)).
Section 486(f)(3)(A) (20 U.S.C. 1093(f)(3)(A)).
Section 486(f)(3)(B) (20 U.S.C. 1093(f)(3)(B)).
Section 487A(a)(5) (20 U.S.C. 1094a(a)(5)).
Section 487A(b)(2) (20 U.S.C. 1094a(b)(2)).
Section 487A(b)(3)(B) (20 U.S.C. 1094a(b)(3)(B)).
Section 498B(d)(1) (20 U.S.C. 1099c–2(d)(1)).
Section 498B(d)(2) (20 U.S.C. 1099c–2(d)(2)).
The following
provisions are each amended 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
:
Section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)).
Section 428(n)(4) (20 U.S.C. 1078(n)(4)).
Section 437(c)(1) (20 U.S.C. 1087(c)(1)).
Section 485(f)(5)(A) (20 U.S.C. 1092(f)(5)(A)).
Section 485(g)(4)(B) (20 U.S.C. 1092(g)(4)(B)).
Section 401(f)(3)
(20 U.S.C. 1070a(f)(3)) is amended by striking Committee on
Appropriations and the Committee on Labor and Human Resources of the Senate and
the Committee on Appropriations and the Committee on Education and the
Workforce of the House of Representatives
and inserting
Committees on Appropriations of the Senate and House of Representatives
and the authorizing committees
.
Section
428(c)(9)(K) (20 U.S.C. 1078(c)(9)(K)) is amended by striking House
Committee on Education and the Workforce and the Senate Committee on Labor and
Human Resources
and inserting authorizing
committees
.
Section
432(f)(1)(C) (20 U.S.C. 1082(f)(1)(C)) is amended by striking 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
.
Section
439(d)(1)(E)(iii) (20 U.S.C. 1087–2(d)(1)(E)(iii)) is amended by striking
Chairman and the Ranking Member on the Committee on Labor and Human
Resources of the Senate and the Chairman and the Ranking Member of the
Committee on Education and Labor of the House of Representatives
and
inserting chairpersons and ranking minority members of the authorizing
committees
.
Paragraphs (3) and
(8)(C) of section 439(r) (20 U.S.C. 1087–2(r)) are each amended by striking
Chairman and ranking minority member of the Committee on Labor and Human
Resources of the Senate, the Chairman and ranking minority member of the
Committee on Education and Labor of the House of Representatives,
and
inserting chairpersons and ranking minority members of the authorizing
committees
.
Paragraphs (5)(B)
and (10) of section 439(r) (20 U.S.C. 1087–2(r)) are each amended by striking
Chairman and ranking minority member of the Senate Committee on Labor
and Human Resources and to the Chairman and ranking minority member of the
House Committee on Education and Labor
and inserting
chairpersons and ranking minority members of the authorizing
committees
.
Section
439(r)(6)(B) (20 U.S.C. 1087–2(r)(6)(B)) is amended by striking Chairman
and ranking minority member of the Committee on Labor and Human Resources of
the Senate and to the Chairman and ranking minority member of the Committee on
Education and Labor of the House of Representatives
and inserting
chairpersons and ranking minority members of the authorizing
committees
.
Section
439(s)(2)(A) (20 U.S.C. 1087–2(s)(2)(A)) is amended by striking Chairman
and Ranking Member of the Committee on Labor and Human Resources of the Senate
and the Chairman and Ranking Member of the Committee on Economic and
Educational Opportunities of the House of Representatives
and inserting
chairpersons and ranking minority members of the authorizing
committees
.
Section
439(s)(2)(B) (20 U.S.C. 1087–2(s)(2)(B)) is amended by striking Chairman
and Ranking Minority Member of the Committee on Labor and Human Resources of
the Senate and Chairman and Ranking Minority Member of the Committee on
Economic and Educational Opportunities of the House of Representatives
and inserting chairpersons and ranking minority members of the
authorizing committees
.
Section 482(d)
(20 U.S.C. 1089(d)) is amended 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
.
Additional Clerical Amendments
Clauses (i) and
(ii) of section 425(a)(2)(A) (20 U.S.C. 1075(a)(2)(A)) are each amended by
striking 428A or 428B
and inserting 428B or
428H
.
Section
428(a)(2)(E) (20 U.S.C. 1078(a)(2)(E)) is amended by striking 428A
or
.
Clauses (i) and
(ii) of section 428(b)(1)(B) (20 U.S.C. 1078(b)(1)(B)) are each amended by
striking 428A or 428B
and inserting 428B or
428H
.
Section
428(b)(1)(Q) (20 U.S.C. 1078(b)(1)(Q)) is amended by striking sections
428A and 428B
and inserting section 428B or 428H
.
Section
428(b)(7)(C) (20 U.S.C. 1078(b)(7)(C)) is amended by striking 428A,
428B,
and inserting 428B
.
Section 428G(c)(2)
(20 U.S.C. 1078–7(c)(2)) is amended by striking 428A
and
inserting 428H
.
The heading for
section 433(e) (20 U.S.C. 1083(e)) is amended by striking
SLS Loans
And
.
Section 433(e) (20
U.S.C. 1083(e)) is amended by striking 428A, 428B,
and inserting
428B
.
Section 435(a)(3) (20 U.S.C. 1085(a)(3)) is amended—
by inserting
or
at the end of subparagraph (A);
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B).
Section
435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)) is amended by striking 428A(d),
428B(d), 428C,
and inserting 428B(d), 428C,
428H,
.
Section 435(m) (20 U.S.C. 1085(m)) is amended—
in paragraph
(1)(A), by striking , 428A,
; and
in paragraph
(2)(D), by striking 428A
each place it appears and inserting
428H
.
Section
438(b)(2)(D)(ii) (20 U.S.C. 1087–1(b)(2)(D)(ii)) is amended by striking
division (i) of this subparagraph
and inserting clause
(i) of this subparagraph
.
Section 438(c)(6) (20 U.S.C. 1087–1(c)(6)) is amended—
by striking
Sls and plus
in the heading and
inserting Plus
; and
by striking
428A or
.
Section 438(c)(7)
(20 U.S.C. 1087–1(c)(7)) is amended by striking 428A or
.
Nothing in the
amendments made by this subsection shall be construed to alter the terms,
conditions, and benefits applicable to Federal supplemental loans for students
(SLS loans
) under section 428A as in effect prior to July 1,
1994 (20 U.S.C. 1078–1).
AMENDMENTS TO OTHER EDUCATION LAWS
EDUCATION OF THE DEAF ACT OF 1986
Laurent Clerc National Deaf Education Center
General Authority
Section 104(a)(1)(A) of the Education of the Deaf Act
of 1986 (20 U.S.C. 4304(a)(1)(A)) is amended by inserting after maintain
and operate
the following: , at the Laurent Clerc National Deaf
Education Center,
.
Administrative Requirements
In general
Section 104(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)) is amended—
in the matter
preceding subparagraph (A) of paragraph (1), by striking elementary and
secondary education programs
and inserting Laurent Clerc
National Deaf Education Center
;
in paragraph (2),
by striking elementary and secondary education programs
and
inserting Laurent Clerc National Deaf Education Center
;
and
in paragraph (4)(C)—
in
clause (i), by striking (6)
and inserting (8)
;
and
in
clause (vi), by striking (m)
and inserting
(o)
.
Academic content standards, achievement standards, and assessments
Section 104(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)) is amended by adding at the end the following new paragraph:
The University, in consultation with the Secretary and consistent with the mission of the elementary and secondary programs operated at the Laurent Clerc National Deaf Education Center, shall—
not later than the beginning of the 2008–2009 school year, adopt and implement academic content standards, academic achievement standards, and academic assessments as described in paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 for such Center;
develop adequate yearly progress standards for such Center as described in section 1111(b)(2)(C) of such Act; and
publicly report the results of such assessments, except in such case in which such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student.
.
Agreement with Gallaudet University
Section 105(b)(4) of the Education of the Deaf Act of 1986 (20 U.S.C. 4305) is amended—
by striking
the Act of March 3, 1931 (40 U.S.C. 276a–276a–5)
and inserting
sections 3141 through 3148 of title 40, United States Code,
;
and
by striking
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)
and
inserting section 3145 of title 40, United States Code
.
Authority
Section 111 of the Education of the Deaf Act
of 1986 (20 U.S.C. 4331) is amended by striking the institution of
higher education with which the Secretary has an agreement under this
part
and inserting the Rochester Institute of
Technology
.
Agreement for the National Technical Institute for the Deaf
General Authority
Section 112(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4332(a)) is amended—
in paragraph (1)—
in the first sentence—
by
striking an institution of higher education
and inserting
the Rochester Institute of Technology, Rochester, New York,
;
and
by
striking of a
and inserting of the
; and
by striking the second sentence; and
in paragraph (2)—
in the matter
preceding subparagraph (A), by striking the institution of higher
education with which the Secretary has an agreement under this section
and inserting the Rochester Institute of Technology
; and
in subparagraph
(B), by striking the institution
and inserting the
Rochester Institute of Technology
.
Provisions of Agreement
Section 112(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 4332(b)) is amended—
in paragraph (2),
by striking or other governing body of the institution
and
inserting of the Rochester Institute of Technology
;
in paragraph (3)—
by striking
or other governing body of the institution
and inserting
of the Rochester Institute of Technology
;
by striking
the institution of higher education under the agreement with the
Secretary
and inserting the Rochester Institute of Technology by
the National Technical Institute for the Deaf
; and
by striking
Committee on Labor and Human Resources of the Senate
and
inserting Committee on Health, Education, Labor, and Pensions of the
Senate
; and
in paragraph (5)—
by striking
the Act of March 3, 1931 (40 U.S.C. 276a–276a–5)
and inserting
sections 3141 through 3148 of title 40, United States Code,
;
and
by striking
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)
and
inserting section 3145 of title 40, United States Code,
.
Limitation
Section 112(c) of the Education of the Deaf Act of 1986 (20 U.S.C. 4332(c)) is amended—
in paragraphs (1)
and (2), by striking institution
each place it appears and
inserting Rochester Institute of Technology
; and
in the matter
following paragraph (2), by striking the applicant
and inserting
RIT
.
Definitions
Section 201 of the Education of the Deaf Act of 1986 (20 U.S.C. 4351) is amended—
by striking paragraph (3);
by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; and
by adding at the end the following new paragraph:
The term RIT means the Rochester Institute of Technology.
.
Audit
Government Accountability Office Authority
Section 203(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4353(a)) is amended—
in the heading, by
striking General Accounting
Office
and inserting Government
Accountability Office
; and
in the matter
following paragraph (2), by striking General Accounting Office
and inserting Government Accountability Office
.
Independent Financial and Compliance Audit
Section 203(b)(1) of the Education
of the Deaf Act of 1986 (20 U.S.C. 4353(b)(1)) is amended by striking the
second sentence and inserting the following: NTID shall have an annual
independent financial and compliance audit made of RIT programs and activities,
including NTID programs and activities.
.
Compliance
Section
203(b)(2) of the Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is
amended by striking sections
and all that follows and inserting
sections 102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections
(c) through (f) of section 207, and subsections (a), (b), and (c) of section
209.
.
Submission of Audits
Section 203(b)(3) of the Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(3)) is amended—
by inserting after
Secretary
the following: and the Committee on Education
and Labor of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate
; and
by striking
or the institution authorized to establish and operate the NTID under
section 112(a)
and inserting or RIT
.
Limitations Regarding Expenditure of Funds
Section 203(c)(2)(A) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4353(c)(2)(A)) is amended in the
fifth sentence by striking the Committee on Education and Labor of the
House of Representatives and the Committee on Labor and Human Resources of the
Senate
and inserting the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate
.
Reports
Technical Amendments
Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 4354) is amended in the matter preceding paragraph (1)—
by striking
or other governing body of the institution of higher education with
which the Secretary has an agreement under section 112
and inserting
of RIT
; and
by
striking Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate
and inserting Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate
.
Contents of Report
Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 4354) is amended—
in paragraph (1),
by striking preparatory,
;
in paragraph
(2)(C), by striking upon graduation/completion
and inserting
within one year of graduation/completion
; and
in paragraph
(3)(B), by striking of the institution of higher education with which
the Secretary has an agreement under section 112, including specific schedules
and analyses for all NTID funds, as required under section 203
and
inserting of RIT programs and activities
.
Monitoring, evaluation, and reporting
Secti of the Education of the Deaf Act of
1986 (20 U.S.C. 4305) is amended in the first sentence by striking
preparatory,
.
Liaison for educational programs
Section
206(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4356(a)) is amended
by striking Not later than 30 days after the date of enactment of this
Act, the
and inserting The
.
Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf
Section
207(a)(2) of the Education of the Deaf Act of 1986 (20 U.S.C. 4357(a)(2)) is
amended by striking or other governing body of the institution of higher
education with which the Secretary has an agreement under section 112
and inserting of RIT
.
Oversight and effect of agreements
Section 208(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359(a)) is amended—
by striking
the institution of higher education with which the Secretary has an
agreement under part B of title I
and inserting RIT
;
and
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 Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and Pensions of
the Senate
.
International students
Enrollment
Section
209(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359a(a)) is amended
by striking preparatory, undergraduate,
and inserting
undergraduate
.
Tuition Surcharge
Section 209(b) of the Education of the Deaf Act of 1986
(20 U.S.C. 4359a(b)) is amended by striking preparatory,
undergraduate
and inserting undergraduate
.
Definition
Section
209(d) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359a(d)) is amended
by striking 1990 per capita income
and all that follows and
inserting per-capita income of not more than $5,125, measured in 2002
United States dollars and adjusted by the Secretary to reflect inflation since
2002.
.
Research priorities
Section 210(b) of
the Education of the Deaf Act of 1986 (20 U.S.C. 4359b(b)) is amended by
striking Committee on Labor and Human Resources
and inserting
Committee on Health, Education, Labor, and Pensions
.
Authorization of appropriations
Monitoring and Evaluation Activities
Section 205(c) of the Education of the Deaf
Act of 1986 (20 U.S.C. 4355(c)) is amended by striking fiscal years 1998
through 2003
and inserting fiscal years 2008 through
2013
.
Federal Endowment Programs for Gallaudet University and the National Technical Institute for the Deaf
Section 207(h) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4357(h)) is amended in paragraphs (1) and (2) by
striking fiscal years 1998 through 2003
each place it appears
and inserting fiscal years 2008 through 2013
.
General Authorization of Appropriations
Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C. 4360a) is amended—
in the matter
preceding paragraph (1) in subsection (a), by striking fiscal years 1998
through 2003
and inserting fiscal years 2008 through
2013
; and
in
subsection (b), by striking fiscal years 1998 through 2003
and
inserting fiscal years 2008 through 2013
.
Short Title
In general
The Education of the Deaf Act of 1986 (20 U.S.C. 4301 note) is amended by striking the matter preceding title I and inserting the following:
Short title
This Act may be cited as the
Gallaudet University and National Technical Institute for the Deaf
Act
.
.
Other references
Any reference in a law, regulation, document, or other record of the United States to the Education of the Deaf Act of 1986 shall be deemed to be a reference to the Gallaudet University and National Technical Institute for the Deaf Act.
ADDITIONAL EDUCATION LAWS
Amendment to Higher Education Amendments of 1998
Repeals of Expired and Executed Provisions
The following provisions of the Higher Education Amendments of 1998 are repealed:
Study of market mechanisms in federal student loan programs
Section 801 (20 U.S.C. 1018 note).
Study of feasibility of alternate financial instruments for determining lender yields
Section 802.
Student related debt study
Section 803 (20 U.S.C. 1015 note).
Community scholarship mobilization
Part C of title VIII (20 U.S.C. 1070 note).
Incarcerated youth
Part D of title VIII (20 U.S.C. 1151).
Improving united states understanding of science, engineering, and technology in east asia
Part F of title VIII (42 U.S.C. 1862 note).
Web-based education commission
Part J of title VIII.
Extensions of Authorizations and Studies
Transfer of credit
Section 804(b) of such Act (20 U.S.C. 1099b note) is amended—
by striking
one year after the date of enactment of this Act
and inserting
September 30, 2008
; and
by inserting
and policies of institutions of higher education
after
agencies or associations
.
Cohort default rate study
Section 806 of such Act is amended—
in subsection (a),
by striking higher education at which less
and inserting
higher education. The study shall also review the effect of cohort
default rates specifically on institutions of higher education at which
less
; and
in subsection (c),
by striking September 30, 1999,
and inserting September
30, 2008,
.
Underground railroad
Subsection (c) of section 841 (20 U.S.C. 1153(c)) is amended to read as follows:
Authorization of Appropriations
There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
.
Tribally Controlled College or University Assistance Act of 1978
Title I Authorization
Section 110(a) of the Tribally Controlled Community College or University Assistance Act of 1978 (25 U.S.C. 1810(a)) is amended—
by striking
1999
each place it appears and inserting 2008
;
and
by striking
4 succeeding
each place it appears and inserting 5
succeeding
.
Title III Reauthorization
Section 306(a) of the Tribally Controlled Community College or University Assistance Act of 1978 (25 U.S.C. 1836(a)) is amended—
by striking
1999
and inserting 2008
; and
by
striking 4 succeeding
and inserting 5
succeeding
.
Title IV Reauthorization
Section 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 (25 U.S.C. 1852) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Additional Amendments
The Tribally Controlled Community College or University Assistance Act of 1978 is further amended—
in section 2(a)(6)
(25 U.S.C. 1801(a)(6)), by striking in the field of Indian
education
and inserting in the field of Tribal Colleges and
Universities and Indian higher education
;
in section 2(b), by striking paragraph (5) and inserting the following:
Eligible credits earned in a continuing education program shall be determined as one credit for every 10 contact hours for institutions on a quarter system, and 15 contact hours for institutions on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training, and may not exceed 20 percent of an institution’s total Indian student count.
; and
in section 103 (25
U.S.C. 1804), by striking and
at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting ;
and
, and by inserting after paragraph (3) the following new
paragraph:
has been accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered, or is, according to such an agency or association, making reasonable progress toward accreditation.
.
Navajo Community College Act
Section 5(a)(1) of the Navajo Community College Act (25 U.S.C. 640c–1(a)(1)) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Education Amendments of 1992
Section 1543(d) of the Education Amendments of 1992 (20 U.S.C. 1070 note) is amended—
by striking
1999
and inserting 2008
; and
by striking
4 succeeding
and inserting 5 succeeding
.
Study of student learning outcomes and public accountability
Study Required
The Secretary shall provide for the conduct a study of the best practices of States in assessing undergraduate postsecondary student learning, particularly as such practices relate to public accountability systems.
Characteristics of the Association
Such study shall be conducted by an
association or organization with specific expertise and knowledge in state
practices and access to necessary state officials (in this section referred to
as the association
). The association responsible for the study
under this section shall be a national, non-partisan or bi-partisan entity
representing States or State officials with expertise in evaluative and
qualitative policy research for best practice models, the capacity to convene
experts, and to formulate policy recommendations.
Required Subjects of Study
In performing the study, the association shall, at a minimum, examine the following:
The current status of institutional and state efforts to embed student learning assessments into the state-level public accountability frameworks.
The extent to which there is commonality among educators and accrediting agencies on learning standards for the associates and bachelors degrees.
The reliability, rigor, and generalizability of available instruments to assess general education at the undergraduate level.
Roles and responsibilities for public accountability for student learning.
Consultation
National committee
The association shall establish and consult with a national committee. The committee shall meet not less than twice a year to review the research, identify best practice models, and review recommendations.
Membership
The national advisory committee shall consist of a representative of the Secretary of Education and individuals with expertise in—
State accountability systems;
student learning assessments;
student flow data;
transitions between K–12 and higher education; and
Federal higher education policy.
Additional expertise
The association may augment this committee with other expertise, as appropriate.
Congressional Consultation
The association shall consult on a regular basis with the Committee on Education and Labor of the House of Representatives and the Committee on Health Education Labor and Pensions of the Senate in carrying out the study required by this section.
Report
The association shall, not later than two years after the date of enactment of this Act, prepare and submit a report on the study required by this section to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
Study of education-related indebtedness of medical school graduates
Study Required
The Secretary of Education shall conduct a study to evaluate the higher education-related indebtedness of medical school graduates in the United States at the time of graduation.
Deadline
Not later than one year after the date of enactment of this Act, the Secretary shall submit a report on the study required by subsection (a) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and shall make the report widely available to the public. Additional reports may be periodically prepared and released as necessary.
Increase in college textbook prices
Findings
The Committee on Education and Labor of the House of Representatives makes the following findings:
The rising costs of higher education are making a postsecondary education inaccessible for many individuals.
The rise in college textbook pricing contributes to the overall costs of higher education, and many factors have contributed to the rise in textbook pricing.
Sense of the Committee on Education and Labor
It is the sense of the Committee on Education and Labor of the House of Representatives that in order to make a higher education more accessible for all students, the following should occur to make college textbooks more affordable for students:
The Congress
encourages textbook publishers to provide students with the option of buying
materials such as textbooks, CD–ROMs, access to websites, and workbooks,
a la carte
or unbundled
.
Textbook publishers should work with faculty to understand the cost to students of purchasing the recommended textbooks.
College bookstores should work with faculty to review timelines and processes for ordering and stocking selected textbooks, and disclose textbook costs to faculty and students.
Colleges and universities should be encouraged to implement numerous options to address textbook affordability.
Independent evaluation of distance education programs
Independent Evaluation
The Secretary of Education shall enter into an agreement with the National Academy of Sciences to conduct a scientifically correct and statistically valid evaluation of the quality of distance education programs, as compared to campus-based education programs, at institutions of higher education. Such evaluation shall include—
identification of the elements by which the quality of distance education, as compared to campus-based education, can be assessed, including elements such as subject matter, interactivity, and student outcomes;
identification of distance and campus-based education program success, with respect to student achievement, in relation to the mission of the institution of higher education; and
identification of the types of students (including classification of types of students based on student age) who most benefit from distance education programs, the types of students who most benefit from campus-based education programs, and the types of students who do not benefit from distance education programs, by assessing elements including access to higher education, job placement rates, undergraduate graduation rates, and graduate and professional degree attainment rates.
Scope
The National Academy of Sciences shall select for participation in the evaluation under subsection (a) a diverse group of institutions of higher education with respect to size, mission, and geographic distribution.
Interim and Final Reports
The agreement under subsection (a) shall require that the National Academy of Sciences submit to the Secretary of Education, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives—
an interim report regarding the evaluation under subsection (a) not later than December 31, 2008; and
a final report regarding such evaluation not later than December 31, 2009.
Study of campus-based program allocation of funds
Study Required
The Comptroller General shall conduct a study of the Federal Supplemental Educational Opportunity Grant program, the Federal Work-Study program, and the Federal Perkins Loan program (authorized by subpart 3 of part A, and parts C and E, respectively, of title IV of the Higher Education Act of 1965)—
to examine the procedure for allocating funds to institutions;
to compare among participating institutions the amount of funds allocated and the amount of aid awarded to students on a per-student basis under these programs; and
to suggest any modifications to the allocation procedures to ensure appropriate distribution of funds under these programs.
Report
The Comptroller General shall submit a report on the study required by subsection (a)within one year of the date of enactment of this Act to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
Summit on sustainability
No later than May 2008, the Secretary of Education shall convene a summit of higher education experts working in the area of sustainable operations and programs, representatives from the agencies of the Federal Government, and business and industry leaders to focus on efforts of national distinction that—
encourage faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus;
enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability;
encourage institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace; and
identify opportunities for partnerships involving higher education institutions and the Federal Government to expand sustainable operations and academic programs focused on environmental and economic sustainability.
Study of residency applications
GAO Study Required
The Comptroller General shall conduct a study to evaluate the decline, and any causes thereof, in the number of individuals who have been accepted into, or currently participate in, a graduate medical education program or fellowship (or both) to provide health care services that—
requires more than 5 years of total graduate medical training; and
has fewer United States medical school graduate applicants than total number of training and fellowship positions.
Deadline
Not later than one year after the date of enactment of this Act, the Comptroller General shall submit a report on the study required by subsection (a) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and shall make the report widely available to the public. Additional reports may be periodically prepared and released as necessary.