U.S. Congress - Text of H.R.3746 as Introduced in House College Access and Opportunity Act of 2007
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Donate NowH.R.3746 - College Access and Opportunity Act of 2007
To amend and extend the Higher Education Act of 1965.
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HR 3746 IHCommentsClose CommentsPermalink
To amend and extend the Higher Education Act of 1965.CommentsClose CommentsPermalink
October 4, 2007
Mr. MCKEON (for himself, Mr. KELLER of Florida, Mr. BOUSTANY, Mr. KLINE of Minnesota, Mr. FORTUN.AE6O, 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 LaborCommentsClose CommentsPermalink
To amend and extend the Higher Education Act of 1965.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `College Access and Opportunity Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. References; effective date.CommentsClose CommentsPermalink
TITLE I--GENERAL PROVISIONS
Sec. 101. Definition of institution of higher education.CommentsClose CommentsPermalink
Sec. 102. New borrower definition.CommentsClose CommentsPermalink
Sec. 103. Student speech and association rights.CommentsClose CommentsPermalink
Sec. 104. National Advisory Committee on Institutional Quality and Integrity.CommentsClose CommentsPermalink
Sec. 105. Alcohol and drug abuse prevention.CommentsClose CommentsPermalink
Sec. 106. Prior rights and obligations.CommentsClose CommentsPermalink
Sec. 107. Limitation on certain uses of funds.CommentsClose CommentsPermalink
Sec. 108. Consumer information and public accountability in higher education.CommentsClose CommentsPermalink
Sec. 109. Databases of student information.CommentsClose CommentsPermalink
Sec. 110. Performance-based organization.CommentsClose CommentsPermalink
Sec. 111. Treatment of territories and territorial student assistance.CommentsClose CommentsPermalink
Sec. 112. Institution and lender reporting and disclosure requirements.CommentsClose CommentsPermalink
`Part E--Lender and Institution Requirements Relating to Educational Loans
TITLE II--TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality partnership grants.CommentsClose CommentsPermalink
`Part A--Teacher Quality Partnership Grants
Sec. 202. Repeal of Part B (preparing tomorrow's teachers to use technology).CommentsClose CommentsPermalink
Sec. 203. General provisions.CommentsClose CommentsPermalink
`Part B--General Provisions
Sec. 204. Teacher incentive fund program.CommentsClose CommentsPermalink
`Part C--Teacher Incentive Fund Program
Sec. 205. National teacher corps.CommentsClose CommentsPermalink
`Part D--NATIONAL TEACHER CORPS
Sec. 206. Transition.CommentsClose CommentsPermalink
TITLE III--INSTITUTIONAL AID
Sec. 301. Title III Grants for American Indian Tribally Controlled Colleges and Universities.CommentsClose CommentsPermalink
Sec. 302. Alaska Native and Native Hawaiian-serving institutions.CommentsClose CommentsPermalink
Sec. 303. Grants to Part B institutions.CommentsClose CommentsPermalink
Sec. 304. Technical Amendments.CommentsClose CommentsPermalink
Sec. 305. Title III authorizations.CommentsClose CommentsPermalink
TITLE IV--STUDENT ASSISTANCE
Part A--GRANTS TO STUDENTS
Sec. 401. Pell Grants.CommentsClose CommentsPermalink
Sec. 402. TRIO programs.CommentsClose CommentsPermalink
Sec. 403. TRIO reform.CommentsClose CommentsPermalink
Sec. 404. GEARUP.CommentsClose CommentsPermalink
Sec. 405. Federal Supplemental Educational Opportunity Grants.CommentsClose CommentsPermalink
Sec. 406. LEAP.CommentsClose CommentsPermalink
Sec. 407. HEP/CAMP program.CommentsClose CommentsPermalink
Sec. 408. Robert C. Byrd Honors Scholarship Program.CommentsClose CommentsPermalink
`subpart 6--robert c. byrd american competitiveness program
Sec. 409. Child care access.CommentsClose CommentsPermalink
Sec. 410. Learning anytime anywhere partnerships.CommentsClose CommentsPermalink
Part B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
Sec. 421. PLUS loan interest rates.CommentsClose CommentsPermalink
Sec. 422. Loan forgiveness for service in areas of national need.CommentsClose CommentsPermalink
Sec. 423. Additional administrative provisions.CommentsClose CommentsPermalink
Sec. 424. Elimination of auction.CommentsClose CommentsPermalink
Part C--FEDERAL WORK-STUDY PROGRAMS
Sec. 441. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 442. Community service.CommentsClose CommentsPermalink
Sec. 443. Allocation of funds.CommentsClose CommentsPermalink
Sec. 444. Books and supplies.CommentsClose CommentsPermalink
Sec. 445. Job location and development.CommentsClose CommentsPermalink
Sec. 446. Work colleges.CommentsClose CommentsPermalink
Sec. 447. Work assistance for students in comprehensive postsecondary programs for students with mental retardation.CommentsClose CommentsPermalink
Part D--FEDERAL DIRECT LOAN PROGRAM
Sec. 451. Income contingent repayment.CommentsClose CommentsPermalink
Part E--FEDERAL PERKINS LOAN PROGRAM
Sec. 461. Reauthorization of program.CommentsClose CommentsPermalink
Sec. 462. Loan terms and conditions.CommentsClose CommentsPermalink
Sec. 463. Loan cancellation.CommentsClose CommentsPermalink
Sec. 464. Technical Amendments.CommentsClose CommentsPermalink
Part F--NEED ANALYSIS
Sec. 471. Significantly simplifying the student aid Application process.CommentsClose CommentsPermalink
Sec. 472. Discretion of student financial aid administrators.CommentsClose CommentsPermalink
Part G--GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL ASSISTANCE
Sec. 481. Expanding information dissemination regarding eligibility for Pell Grants.CommentsClose CommentsPermalink
Sec. 482. Student eligibility.CommentsClose CommentsPermalink
Sec. 483. Institutional refunds.CommentsClose CommentsPermalink
Sec. 484. Institutional and financial assistance information for students.CommentsClose CommentsPermalink
Sec. 485. Distance education demonstration program.CommentsClose CommentsPermalink
Sec. 486. College Affordability Demonstration Program.CommentsClose CommentsPermalink
Sec. 487. Program participation agreements.CommentsClose CommentsPermalink
Sec. 488. Additional technical and conforming Amendments.CommentsClose CommentsPermalink
Sec. 489. Pell Grant eligibility provision.CommentsClose CommentsPermalink
Part H--PROGRAM INTEGRITY
Sec. 495. Accreditation.CommentsClose CommentsPermalink
Sec. 496. Report to Congress on prevention of fraud and abuse in student financial aid programs.CommentsClose CommentsPermalink
Sec. 497. Report to Congress on compliance with the Paperwork Reduction Act of 1995.CommentsClose CommentsPermalink
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Definitional changes.CommentsClose CommentsPermalink
Sec. 502. Assurance of enrollment of needy students.CommentsClose CommentsPermalink
Sec. 503. Additional Amendments.CommentsClose CommentsPermalink
Sec. 504. Postbaccalaureate opportunities for Hispanic Americans.CommentsClose CommentsPermalink
`Part B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS
Sec. 505. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VI--TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.CommentsClose CommentsPermalink
Sec. 602. Business and international education programs.CommentsClose CommentsPermalink
Sec. 603. Institute for International Public Policy.CommentsClose CommentsPermalink
Sec. 604. Evaluation, outreach, and dissemination.CommentsClose CommentsPermalink
Sec. 605. Advisory Board.CommentsClose CommentsPermalink
Sec. 606. Recruiter access to students and student recruiting information; safety.CommentsClose CommentsPermalink
Sec. 607. National study of foreign language heritage communities.CommentsClose CommentsPermalink
TITLE VII--TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.CommentsClose CommentsPermalink
Sec. 702. Graduate assistance in areas of national need.CommentsClose CommentsPermalink
Sec. 703. Thurgood Marshall legal educational opportunity program.CommentsClose CommentsPermalink
Sec. 704. Fund for the improvement of postsecondary education.CommentsClose CommentsPermalink
Sec. 705. Urban community service.CommentsClose CommentsPermalink
Sec. 706. Demonstration projects to ensure students with disabilities receive a quality higher education.CommentsClose CommentsPermalink
TITLE VIII--CLERICAL AMENDMENTS
Sec. 801. Clerical Amendments.CommentsClose CommentsPermalink
TITLE IX--AMENDMENTS TO OTHER EDUCATION LAWS
Part A--EDUCATION OF THE DEAF ACT OF 1986
Sec. 901. Laurent Clerc National Deaf Education Center.CommentsClose CommentsPermalink
Sec. 902. Agreement with Gallaudet University.CommentsClose CommentsPermalink
Sec. 903. Authority.CommentsClose CommentsPermalink
Sec. 904. Agreement for the National Technical Institute for the Deaf.CommentsClose CommentsPermalink
Sec. 905. Definitions.CommentsClose CommentsPermalink
Sec. 906. Audit.CommentsClose CommentsPermalink
Sec. 907. Reports.CommentsClose CommentsPermalink
Sec. 908. Monitoring, evaluation, and reporting.CommentsClose CommentsPermalink
Sec. 909. Liaison for educational programs.CommentsClose CommentsPermalink
Sec. 910. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.CommentsClose CommentsPermalink
Sec. 911. Oversight and effect of agreements.CommentsClose CommentsPermalink
Sec. 912. International students.CommentsClose CommentsPermalink
Sec. 913. Research priorities.CommentsClose CommentsPermalink
Sec. 914. Authorization of appropriations.CommentsClose CommentsPermalink
Part B--ADDITIONAL EDUCATION LAWS
Sec. 921. Amendment to Higher Education Amendments of 1998.CommentsClose CommentsPermalink
Sec. 922. Tribally Controlled College or University Assistance Act of 1978.CommentsClose CommentsPermalink
Sec. 923. Navajo Community College Act.CommentsClose CommentsPermalink
Sec. 924. Education Amendments of 1992.CommentsClose CommentsPermalink
Sec. 925. Study of student learning outcomes and public accountability.CommentsClose CommentsPermalink
Sec. 926. Study of education-related indebtedness of medical school graduates.CommentsClose CommentsPermalink
Sec. 927. Increase in college textbook prices.CommentsClose CommentsPermalink
Sec. 928. Independent evaluation of distance education programs.CommentsClose CommentsPermalink
Sec. 929. Study of campus-based program allocation of funds.CommentsClose CommentsPermalink
Sec. 930. Summit on sustainability.CommentsClose CommentsPermalink
Sec. 931. Study of residency applications.CommentsClose CommentsPermalink
SEC. 2. REFERENCES; EFFECTIVE DATE.
(a) 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 (
(b) 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.CommentsClose CommentsPermalink
TITLE I--GENERAL PROVISIONS
SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
(a) Amendment- Title I is amended by striking sections 101 and 102 (
`SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
`(a) Institution of Higher Education- For purposes of this Act, the term `institution of higher education' means an educational institution in any State that--CommentsClose CommentsPermalink
`(1) admits as regular students only individuals who--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) are beyond the age of compulsory school attendance in the State in which the institution is located; orCommentsClose CommentsPermalink
`(C) will be dually enrolled in that institution and a secondary school;CommentsClose CommentsPermalink
`(2) is legally authorized within such State to provide a program of education beyond secondary education;CommentsClose CommentsPermalink
`(3)(A) is accredited by a nationally recognized accrediting agency or association; orCommentsClose CommentsPermalink
`(B) 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; andCommentsClose CommentsPermalink
`(4) meets either of the following criteria:CommentsClose CommentsPermalink
`(A) is a nonprofit, for-profit, or public institution that--CommentsClose CommentsPermalink
`(i) provides an educational program for which the institution awards a bachelor's, graduate, or professional degree;CommentsClose CommentsPermalink
`(ii) provides not less than a 2-year educational program which is acceptable for full credit towards such a degree;CommentsClose CommentsPermalink
`(iii) provides not less than a 1-year program of training that prepares students for gainful employment in a recognized occupation; orCommentsClose CommentsPermalink
`(iv) awards a degree that is acceptable for admission to graduate or professional degree programs, subject to the review and approval of the Secretary; orCommentsClose CommentsPermalink
`(B) is a nonprofit, for-profit, or public institution that provides an eligible program (as defined in section 481)--CommentsClose CommentsPermalink
`(i) for which the institution awards a certificate; andCommentsClose CommentsPermalink
`(ii) that prepares students for gainful employment in a recognized occupation.CommentsClose CommentsPermalink
`(b) Additional Limitations-CommentsClose CommentsPermalink
`(1) FOR-PROFIT POSTSECONDARY INSTITUTIONS-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) LIMITATIONS BASED ON MANAGEMENT- An institution shall not be considered to meet the definition of an institution of higher education in this section if--CommentsClose CommentsPermalink
`(A) 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; orCommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(4) 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--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) 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; orCommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(c) 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.CommentsClose CommentsPermalink
`(d) 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.CommentsClose CommentsPermalink
`(e) 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.CommentsClose CommentsPermalink
`SEC. 102. INSTITUTIONS OUTSIDE THE UNITED STATES.
`(a) Institutions Outside the United States-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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--CommentsClose CommentsPermalink
`(A) in the case of a graduate medical school located outside the United States--CommentsClose CommentsPermalink
`(i)(I) 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; andCommentsClose CommentsPermalink
`(II) 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; orCommentsClose CommentsPermalink
`(ii) 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;CommentsClose CommentsPermalink
`(B) 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; orCommentsClose CommentsPermalink
`(C) in the case of a nursing school located outside the United States that is not a public or nonprofit institution, the school--CommentsClose CommentsPermalink
`(i) 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; andCommentsClose CommentsPermalink
`(ii) the school's students are required to complete their senior year at such hospitals or accredited nurshing schools.CommentsClose CommentsPermalink
`(b) Advisory Panel-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) evaluate the standards of accreditation applied to applicant foreign medical schools; andCommentsClose CommentsPermalink
`(B) determine the comparability of those standards to standards for accreditation applied to United States medical schools.CommentsClose CommentsPermalink
`(2) 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.'.CommentsClose CommentsPermalink
(b) Restrictions on Funds for For-Profit Schools- Part B of title I is amended by inserting after section 122 (
`SEC. 123. RESTRICTIONS ON FUNDS FOR FOR-PROFIT SCHOOLS.
`(a) 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--CommentsClose CommentsPermalink
`(1) construction, maintenance, renovation, repair, or improvement of classrooms, libraries, laboratories, or other facilities;CommentsClose CommentsPermalink
`(2) establishing, improving, or increasing an endowment fund; orCommentsClose CommentsPermalink
`(3) establishing or improving an institutional development office to strengthen or improve contributions from alumni and the private sector.CommentsClose CommentsPermalink
`(b) 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.CommentsClose CommentsPermalink
`(c) 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.'.CommentsClose CommentsPermalink
(c) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 114(a) (
(2) Section 435(a)(1) (
(3) Subsection (d) of section 484 (
`(d) Satisfaction of Secondary Education Standards- '.CommentsClose CommentsPermalink
(4) Section 486(b)(2) (
(5) Section 487(c)(1)(A)(iii) (
(6) Section 487(d) (
(7) Subsections (j) and (k) of section 496 (
(8) Section 498(g)(3) (
(9) Section 498(i)(1) (
(10) Section 498(j)(1) (
(11) Section 498B(b) (
(d) Effect on Other Laws-CommentsClose CommentsPermalink
(1) 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 (
(2) 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 (
SEC. 102. NEW BORROWER DEFINITION.
Paragraph (7) of section 103 (
`(7) NEW BORROWER- The term `new borrower' when used with respect to any date for any loan under any provision of--CommentsClose CommentsPermalink
`(A) 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; andCommentsClose CommentsPermalink
`(B) 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.'.CommentsClose CommentsPermalink
SEC. 103. STUDENT SPEECH AND ASSOCIATION RIGHTS.
Section 112 (
(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink
`(a) Protection of Rights-CommentsClose CommentsPermalink
`(1) 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; andCommentsClose CommentsPermalink
`(2) It is the sense of Congress that--CommentsClose CommentsPermalink
`(A) the diversity of institutions and educational missions is one of the key strengths of American higher education;CommentsClose CommentsPermalink
`(B) individual colleges and universities have different missions and each institution should design its academic program in accordance with its educational goals;CommentsClose CommentsPermalink
`(C) within the context of its institutional mission, a college should promote intellectual pluralism and facilitate the free and open exchange of ideas;CommentsClose CommentsPermalink
`(D) 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; andCommentsClose CommentsPermalink
`(E) students should be treated equally and fairly, including evaluation and grading, without regard to or consideration of their personal political views or ideological beliefs.CommentsClose CommentsPermalink
`(3) Nothing in paragraph (2) shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.'; andCommentsClose CommentsPermalink
(2) 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'.CommentsClose CommentsPermalink
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.
(a) Membership- Section 114(b) (
(b) Extension- Section 114(g) (
SEC. 105. ALCOHOL AND DRUG ABUSE PREVENTION.
Section 120(e)(5) (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding fiscal years' and inserting `5 succeeding fiscal years'.CommentsClose CommentsPermalink
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (
SEC. 107. 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:CommentsClose CommentsPermalink
`SEC. 124. LIMITATION ON CERTAIN USES OF FUNDS.
`No funds made available to carry out this Act may be used--CommentsClose CommentsPermalink
`(1) for publicity or propaganda purposes not authorized by the Congress before the date of enactment of the College Access and Opportunity Act of 2007; orCommentsClose CommentsPermalink
`(2) 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.'.CommentsClose CommentsPermalink
SEC. 108. CONSUMER INFORMATION AND PUBLIC ACCOUNTABILITY IN HIGHER EDUCATION.
Section 131 (
`SEC. 131. CONSUMER INFORMATION AND PUBLIC ACCOUNTABILITY IN HIGHER EDUCATION.
`(a) Purpose- It is the purpose of this section to--CommentsClose CommentsPermalink
`(1) provide students and families with an easy-to-use, comprehensive web-based tool for researching and comparing institutions of higher education;CommentsClose CommentsPermalink
`(2) increase the transparency of college cost, price, and financial aid; andCommentsClose CommentsPermalink
`(3) raise public awareness of information available about postsecondary education, particularly among low-income families, non-traditional student populations, and first-generation college students.CommentsClose CommentsPermalink
`(b) College Opportunity On-Line (COOL) Website Re-Design Process- In carrying out this section, the Commissioner of Education Statistics--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) shall convene a group of individuals with expertise in the collection and reporting of data related to institutions of higher education to--CommentsClose CommentsPermalink
`(A) determine the relevance of particular data elements to prospective students, enrolled students, and families;CommentsClose CommentsPermalink
`(B) assess the cost-effectiveness of various ways in which institutions of higher education might produce relevant data;CommentsClose CommentsPermalink
`(C) determine the general comparability of the data across institutions of higher education;CommentsClose CommentsPermalink
`(D) 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; andCommentsClose CommentsPermalink
`(3) shall ensure that the redesigned COOL website--CommentsClose CommentsPermalink
`(A) uses, to the extent practicable, data elements currently provided by institutions of higher education to the Secretary;CommentsClose CommentsPermalink
`(B) includes clear and uniform information determined to be relevant to prospective students, enrolled students, and families;CommentsClose CommentsPermalink
`(C) provides comparable information, by ensuring that data are based on accepted criteria and common definitions;CommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(c) Data Collection-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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:CommentsClose CommentsPermalink
`(A) The tuition and fees charged for a first-time, full-time, full-year undergraduate student.CommentsClose CommentsPermalink
`(B) The room and board charges for a first-time, full-time, full-year undergraduate student.CommentsClose CommentsPermalink
`(C) The price of attendance for a first-time, full-time, full-year undergraduate student, consistent with the provisions of section 472.CommentsClose CommentsPermalink
`(D) The average amount of financial assistance received by a first-year, full-time, full-year undergraduate student, including--CommentsClose CommentsPermalink
`(i) each type of assistance or benefits described in 428(a)(2)(C)(ii);CommentsClose CommentsPermalink
`(ii) institutional and other assistance; andCommentsClose CommentsPermalink
`(iii) Federal loans under parts B, D, and E of title IV.CommentsClose CommentsPermalink
`(E) The number of first-time, full-time, full-year undergraduate students receiving financial assistance described in each clause of subparagraph (D).CommentsClose CommentsPermalink
`(F) The institutional instructional expenditure per full-time equivalent student.CommentsClose CommentsPermalink
`(G) 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.CommentsClose CommentsPermalink
`(H) Faculty-to-student ratios.CommentsClose CommentsPermalink
`(I) 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.CommentsClose CommentsPermalink
`(J) 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.CommentsClose CommentsPermalink
`(K) 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.CommentsClose CommentsPermalink
`(L) The college affordability information elements specified in subsection (d).CommentsClose CommentsPermalink
`(M) Any additional information that the Secretary may require.CommentsClose CommentsPermalink
`(d) College Affordability Information Elements- The college affordability information elements required by subsection (c)(2)(L) shall include, for each institution submitting data--CommentsClose CommentsPermalink
`(1) the sticker price of the institution for the 3 most recent academic years;CommentsClose CommentsPermalink
`(2) the net tuition price of the institution for the 3 most recent academic years;CommentsClose CommentsPermalink
`(3) the percentage change in both the sticker price and the net tuition price over the 3-year time period that is being reported;CommentsClose CommentsPermalink
`(4) the percentage change in the CPI over the same time period; andCommentsClose CommentsPermalink
`(5) whether the institution has been placed on affordability alert status as required by subsection (e)(3).CommentsClose CommentsPermalink
`(e) Outcomes and Actions-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) a description of the factors contributing to the increase in the institution's costs and in the tuition and fees charged to students; andCommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(2) QUALITY-EFFICIENCY TASK FORCES-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) 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)--CommentsClose CommentsPermalink
`(A) 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; orCommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(5) INFORMATION TO STATE AGENCIES- Any institution that reports under paragraph (1)(B) that an agency or instrumentality of State government or other entity participates in the determinations of tuition and fee increases shall, prior to submitting any information to the Secretary under this subsection, submit such information to, and request the comments and input of, such agency, instrumentality, or entity. With respect to any such institution, the Secretary shall provide a copy of any communication by the Secretary with that institution to such agency, instrumentality, or entity.CommentsClose CommentsPermalink
`(6) 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.CommentsClose CommentsPermalink
`(7) 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.CommentsClose CommentsPermalink
`(f) 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.CommentsClose CommentsPermalink
`(g) 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.CommentsClose CommentsPermalink
`(h) GAO Study and Report-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) a list of those institutions that--CommentsClose CommentsPermalink
`(i) have reduced their sticker prices; orCommentsClose CommentsPermalink
`(ii) are within the least costly quartile of institutions within each class described in subsection (e)(6);CommentsClose CommentsPermalink
`(B) policies implemented to stem the increase in tuition and fees and institutional costs;CommentsClose CommentsPermalink
`(C) the extent to which room and board costs and prices changed;CommentsClose CommentsPermalink
`(D) the extent to which other services were altered to affect tuition and fees;CommentsClose CommentsPermalink
`(E) the extent to which the institution's policies affected student body demographics and time to completion;CommentsClose CommentsPermalink
`(F) what, if any, operational factors played a role in reducing tuition and fees;CommentsClose CommentsPermalink
`(G) the extent to which academic quality was affected, and how;CommentsClose CommentsPermalink
`(H) if the institution is a public institution, the relationship between State and local appropriations and the institution's tuition and fees;CommentsClose CommentsPermalink
`(I) the extent to which policies and practices reducing costs and prices may be replicated from one institution to another; andCommentsClose CommentsPermalink
`(J) other information as necessary to determine best practices in increasing the affordability of postsecondary education.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(i) Student Aid Recipient Survey-CommentsClose CommentsPermalink
`(1) SURVEY REQUIRED- The Secretary shall conduct a survey of student aid recipients under title IV on a regular cycle and State-by-State basis, but not less than once every 4 years--CommentsClose CommentsPermalink
`(A) to identify the population of students receiving Federal student aid;CommentsClose CommentsPermalink
`(B) to describe the income distribution and other socioeconomic characteristics of federally aided students;CommentsClose CommentsPermalink
`(C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups;CommentsClose CommentsPermalink
`(D) to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and the impact of such debt burden on career choices;CommentsClose CommentsPermalink
`(E) to describe the role played by the price of postsecondary education in the determination by students of what institution to attend; andCommentsClose CommentsPermalink
`(F) to describe how the increased costs of textbooks and other instructional materials affects the costs of postsecondary education to students.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) DISSEMINATION- The Commissioner of Education Statistics shall disseminate the information resulting from the survey in both printed and electronic form.CommentsClose CommentsPermalink
`(j) Promotion of the Department of Education Federal Student Financial Aid Website- The Secretary--CommentsClose CommentsPermalink
`(1) 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); andCommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(k) Promotion of Availability of Information Concerning Student Financial Aid Programs of Other Departments and Agencies-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) MANNER OF POSTING- The information required by paragraph (1)--CommentsClose CommentsPermalink
`(A) shall be easily accessible through the Federal student financial aid website required by subsection (e)(1);CommentsClose CommentsPermalink
`(B) shall be incorporated into the search matrix on such website on pages pertaining to other options for financial aid; andCommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) 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--CommentsClose CommentsPermalink
`(A) distributed directly to the student or to the student's account at the institution of higher education; andCommentsClose CommentsPermalink
`(B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education.CommentsClose CommentsPermalink
`(l) Regulations- The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink
`(m) Definitions- For the purposes of this section:CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) CPI- The term `CPI' means the Consumer Price Index-All Urban Consumers (Current Series).'.CommentsClose CommentsPermalink
SEC. 109. DATABASES OF STUDENT INFORMATION.
Part C of title I is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`SEC. 132. DATABASES OF STUDENT INFORMATION PROHIBITED.
`(a) 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.CommentsClose CommentsPermalink
`(b) Exception- The provisions of subsection (a) shall not affect the loan obligation enforcement activities described in section 485B of this Act.'.CommentsClose CommentsPermalink
SEC. 110. PERFORMANCE-BASED ORGANIZATION.
Section 141 (
(1) in subsection (a)(2)(B)--CommentsClose CommentsPermalink
(A) by inserting `unit' after `to reduce the'; andCommentsClose CommentsPermalink
(B) by inserting `and, to the extent practicable, the total costs of administering those programs' after `those programs';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)(A), by striking `Each year' and inserting `Each fiscal year';CommentsClose CommentsPermalink
(B) in paragraph (1)(B), by inserting `secondary markets, guaranty agencies,' after `lenders,'; andCommentsClose CommentsPermalink
(C) 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'; andCommentsClose CommentsPermalink
(3) in subsection (f)(3)(A), by striking `paragraph (1)(A)' and inserting `paragraph (1)'.CommentsClose CommentsPermalink
SEC. 111. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE.
Section 113 (
(1) by striking `treatment of territories and territorial student assistance' in the heading of such section and inserting `territorial waiver authority';CommentsClose CommentsPermalink
(2) by striking `(a) Waiver Authority- '; andCommentsClose CommentsPermalink
(3) by striking subsection (b).CommentsClose CommentsPermalink
SEC. 112. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS.
Title I (
`PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL LOANS
`SEC. 151. DEFINITIONS.
`In this part:CommentsClose CommentsPermalink
`(1) COST OF ATTENDANCE- The term `cost of attendance' has the meaning given the term in section 472.CommentsClose CommentsPermalink
`(2) COVERED INSTITUTION- The term `covered institution'--CommentsClose CommentsPermalink
`(A) means any educational institution that offers a postsecondary educational degree, certificate, or program of study (including any institution of higher education, as such term is defined in section 102) and receives any Federal funding or assistance; andCommentsClose CommentsPermalink
`(B) includes any employee or agent of the educational institution or any organization or entity affiliated with, or directly or indirectly controlled by, such institution.CommentsClose CommentsPermalink
`(3) EDUCATIONAL LOAN- The term `educational loan' means any loan made, insured, or guaranteed under title IV.CommentsClose CommentsPermalink
`(4) EDUCATIONAL LOAN ARRANGEMENT- The term `educational loan arrangement' means an arrangement or agreement between a lender and a covered institution--CommentsClose CommentsPermalink
`(A) under which arrangement or agreement a lender provides or otherwise issues educational loans to the students attending the covered institution or the parents of such students; andCommentsClose CommentsPermalink
`(B) which arrangement or agreement--CommentsClose CommentsPermalink
`(i) relates to the covered institution recommending, promoting, endorsing, or using educational loans of the lender; andCommentsClose CommentsPermalink
`(ii) involves the payment of any fee or provision of other material benefit by the lender to the institution or to groups of students who attend the institution.CommentsClose CommentsPermalink
`(5) LENDER- The term `lender'--CommentsClose CommentsPermalink
`(A) means--CommentsClose CommentsPermalink
`(i) any lender--CommentsClose CommentsPermalink
`(I) of a loan made, insured, or guaranteed under part B of title IV; andCommentsClose CommentsPermalink
`(II) that is a financial institution, as such term is defined in section 509 of the Gramm-Leach-Bliley Act (
`(ii) in the case of any loan issued or provided to a student under part D of title IV, the Secretary; andCommentsClose CommentsPermalink
`(B) includes any individual, group, or entity acting on behalf of the lender in connection with an educational loan.CommentsClose CommentsPermalink
`(6) OFFICER- The term `officer' includes a director or trustee of an institution.CommentsClose CommentsPermalink
`SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN EDUCATIONAL LOAN ARRANGEMENTS.
`(a) Use of Lender Name- A covered institution that enters into an educational loan arrangement shall disclose the name of the lender in documentation related to the loan.CommentsClose CommentsPermalink
`(b) Disclosures-CommentsClose CommentsPermalink
`(1) DISCLOSURES BY LENDERS- Before a lender issues or otherwise provides an educational loan to a student, the lender shall provide the student, in writing, with the disclosures described in paragraph (2).CommentsClose CommentsPermalink
`(2) DISCLOSURES- The disclosures required by this paragraph shall include a clear and prominent statement--CommentsClose CommentsPermalink
`(A) of the interest rates of the educational loan being offered;CommentsClose CommentsPermalink
`(B) showing sample educational loan costs, disaggregated by type;CommentsClose CommentsPermalink
`(C) that describes, with respect to each type of educational loan being offered--CommentsClose CommentsPermalink
`(i) the types of repayment plans that are available;CommentsClose CommentsPermalink
`(ii) whether, and under what conditions, early repayment may be made without penalty;CommentsClose CommentsPermalink
`(iii) when and how often interest on the loan will be capitalized;CommentsClose CommentsPermalink
`(iv) the terms and conditions of deferments or forbearance;CommentsClose CommentsPermalink
`(v) all available repayment benefits, the percentage of all borrowers who qualify for such benefits, and the percentage of borrowers who received such benefits in the preceding academic year, for each type of loan being offered;CommentsClose CommentsPermalink
`(vi) the collection practices in the case of default; andCommentsClose CommentsPermalink
`(vii) all fees that the borrower may be charged, including late payment penalties and associated fees; andCommentsClose CommentsPermalink
`(D) of such other information as the Secretary may require in regulations.CommentsClose CommentsPermalink
`(c) Disclosures to the Secretary by Lender-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each lender shall, on an annual basis, report to the Secretary any reasonable expenses paid or given under section 435(d)(5)(D), 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any employee who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution. Such reports shall include--CommentsClose CommentsPermalink
`(A) the amount of each specific instance in which the lender provided such reimbursement;CommentsClose CommentsPermalink
`(B) the name of the financial aid official or other employee to whom the reimbursement was made;CommentsClose CommentsPermalink
`(C) the dates of the activity for which the reimbursement was made; andCommentsClose CommentsPermalink
`(D) a brief description of the activity for which the reimbursement was made.CommentsClose CommentsPermalink
`(2) REPORT TO CONGRESS- The Secretary shall compile the information in paragraph (1) in a report and transmit such report to the authorizing committees annually.CommentsClose CommentsPermalink
`SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS PARTICIPATING IN EDUCATIONAL LOAN ARRANGEMENTS.
`(a) Secretary Duties-CommentsClose CommentsPermalink
`(1) REPORT AND MODEL FORMAT- Not later than 180 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall--CommentsClose CommentsPermalink
`(A) prepare a report on the adequacy of the information provided to students and the parents of such students about educational loans, after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, and business officers), lenders, loan servicers, and guaranty agencies;CommentsClose CommentsPermalink
`(B) include in the report a model format, based on the report's findings, to be used by lenders and covered institutions in carrying out subsections (b) and (c)--CommentsClose CommentsPermalink
`(i) that provides information on the applicable interest rates and other terms and conditions of the educational loans provided by a lender to students attending the institution, or the parents of such students, disaggregated by each type of educational loans provided to such students or parents by the lender, including--CommentsClose CommentsPermalink
`(I) the interest rate and terms and conditions of the loans offered by the lender for the upcoming academic year;CommentsClose CommentsPermalink
`(II) with respect to such loans, any benefits that are contingent on the repayment behavior of the borrower;CommentsClose CommentsPermalink
`(III) the average amount borrowed from the lender by students enrolled in the institution who obtain loans of such type from the lender for the preceding academic year;CommentsClose CommentsPermalink
`(IV) the average interest rate on such loans provided to such students for the preceding academic year; andCommentsClose CommentsPermalink
`(V) the amount that the borrower may repay in interest, based on the standard repayment period of a loan, on the average amount borrowed from the lender by students enrolled in the institution who obtain loans of such type from the lender for the preceding academic year; andCommentsClose CommentsPermalink
`(ii) which format shall be easily usable by lenders, institutions, guaranty agencies, loan servicers, parents, and students; andCommentsClose CommentsPermalink
`(C)(i) submit the report and model format to the authorizing committees; andCommentsClose CommentsPermalink
`(ii) make the report and model format available to covered institutions, lenders, and the public.CommentsClose CommentsPermalink
`(2) USE OF FORM- The Secretary shall take such steps as necessary to make the model format available to covered institutions and to encourage--CommentsClose CommentsPermalink
`(A) lenders subject to subsection (b) to use the model format in providing the information required under subsection (b); andCommentsClose CommentsPermalink
`(B) covered institutions to use such format in preparing the information report under subsection (c).CommentsClose CommentsPermalink
`(b) Lender Duties- Each lender that has an educational loan arrangement with a covered institution shall annually, by a date determined by the Secretary, provide to the covered institution and to the Secretary the information included on the model format for each type of educational loan provided by the lender to students attending the covered institution, or the parents of such students, for the preceding academic year.CommentsClose CommentsPermalink
`(c) Covered Institution Duties- Each covered institution shall--CommentsClose CommentsPermalink
`(1) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has an educational loan arrangement with the covered institution and that has submitted to the institution the information required under subsection (b)--CommentsClose CommentsPermalink
`(A) the information included on the model format for each type of educational loan provided by the lender to students attending the covered institution, or the parents of such students; andCommentsClose CommentsPermalink
`(B) a detailed explanation of why the covered institution believes the terms and conditions of each type of educational loan provided pursuant to the agreement are beneficial for students attending the covered institution, or the parents of such students; andCommentsClose CommentsPermalink
`(2) ensure that the report required under paragraph (1) is made available to the public and provided to students attending or planning to attend the covered institution, and the parents of such students, in time for the student or parent to take such information into account before applying for or selecting an educational loan.'.CommentsClose CommentsPermalink
TITLE II--TEACHER QUALITY ENHANCEMENT
SEC. 201. TEACHER QUALITY PARTNERSHIP GRANTS.
Part A of title II (
`PART A--TEACHER QUALITY PARTNERSHIP GRANTS
`SEC. 201. 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.CommentsClose CommentsPermalink
`SEC. 202. PURPOSES AND DEFINITIONS.
`(a) Purposes- The purposes of this part are to--CommentsClose CommentsPermalink
`(1) improve student achievement;CommentsClose CommentsPermalink
`(2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities;CommentsClose CommentsPermalink
`(3) hold institutions of higher education accountable for preparing highly qualified teachers; andCommentsClose CommentsPermalink
`(4) recruit qualified individuals, including minorities and individuals from other occupations, into the teaching force.CommentsClose CommentsPermalink
`(b) Definitions- In this part:CommentsClose CommentsPermalink
`(1) ARTS AND SCIENCES- The term `arts and sciences' means--CommentsClose CommentsPermalink
`(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; andCommentsClose CommentsPermalink
`(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.CommentsClose CommentsPermalink
`(2) CHILDREN FROM LOW-INCOME FAMILIES- The term `children from low-income families' means children as described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
`(3) CORE ACADEMIC SUBJECTS- The term `core academic subjects' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(5) ELIGIBLE PARTNERSHIP- The term `eligible partnership' means an entity that--CommentsClose CommentsPermalink
`(A) shall include--CommentsClose CommentsPermalink
`(i) a high-need local educational agency;CommentsClose CommentsPermalink
`(ii) a high-need school or a consortium of high-need schools served by the high-need local educational agency;CommentsClose CommentsPermalink
`(iii) a partner institution;CommentsClose CommentsPermalink
`(iv) a school, department, or program of education within such partner institution;CommentsClose CommentsPermalink
`(v) a school or department of arts and sciences within such partner institution; andCommentsClose CommentsPermalink
`(vi) a public or private educational organization; andCommentsClose CommentsPermalink
`(B) may include any of the following:CommentsClose CommentsPermalink
`(i) The Governor of the State.CommentsClose CommentsPermalink
`(ii) The State educational agency.CommentsClose CommentsPermalink
`(iii) The State board of education.CommentsClose CommentsPermalink
`(iv) The State agency for higher education.CommentsClose CommentsPermalink
`(v) A State-approved alternative teacher certification program.CommentsClose CommentsPermalink
`(vi) A business.CommentsClose CommentsPermalink
`(vii) An educational service agency.CommentsClose CommentsPermalink
`(viii) A teacher organization.CommentsClose CommentsPermalink
`(ix) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.CommentsClose CommentsPermalink
`(x) A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965).CommentsClose CommentsPermalink
`(xi) A faith-based or community organization.CommentsClose CommentsPermalink
`(6) 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.CommentsClose CommentsPermalink
`(7) EXEMPLARY TEACHER- The term `exemplary teacher' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
`(8) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term `high-need local educational agency' means a local educational agency--CommentsClose CommentsPermalink
`(A)(i) for which not less than 20 percent of the children served by the agency are children from low-income families;CommentsClose CommentsPermalink
`(ii) that serves not fewer than 10,000 children from low-income families; orCommentsClose CommentsPermalink
`(iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; andCommentsClose CommentsPermalink
`(B)(i) 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; orCommentsClose CommentsPermalink
`(ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.CommentsClose CommentsPermalink
`(9) HIGH-NEED SCHOOL- The term `high need school' means a public elementary school or public secondary school that--CommentsClose CommentsPermalink
`(A) 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; orCommentsClose CommentsPermalink
`(B) is designated with a school locale code of 41, 42, or 43, as determined by the Secretary.CommentsClose CommentsPermalink
`(10) 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.CommentsClose CommentsPermalink
`(11) 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:CommentsClose CommentsPermalink
`(A) High-quality teacher mentoring.CommentsClose CommentsPermalink
`(B) Periodic, structured time for collaboration with teachers in the same department or field, as well as time for information-sharing among teachers, principals, administrators, and participating faculty in the partner institution.CommentsClose CommentsPermalink
`(C) The application of empirically based practice and scientifically based research on instructional practices.CommentsClose CommentsPermalink
`(D) Opportunities for new teachers to draw directly upon the expertise of teacher mentors, faculty, and researchers to support the integration of empirically based practice and scientifically based research with practice.CommentsClose CommentsPermalink
`(E) The development of skills in instructional and behavioral interventions derived from empirically based practice and scientifically based research.CommentsClose CommentsPermalink
`(F) Faculty who--CommentsClose CommentsPermalink
`(i) model the integration of research and practice in the classroom; andCommentsClose CommentsPermalink
`(ii) assist new teachers with the effective use and integration of technology in the classroom.CommentsClose CommentsPermalink
`(G) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers on the learning process and the assessment of learning.CommentsClose CommentsPermalink
`(H) Assistance with the understanding of data, particularly student achievement data, and the data's applicability in classroom instruction.CommentsClose CommentsPermalink
`(I) Periodic, structured evaluation of the new teacher by mentor teachers and the principal using valid and reliable benchmarks of teaching skills.CommentsClose CommentsPermalink
`(12) 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.CommentsClose CommentsPermalink
`(13) 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--CommentsClose CommentsPermalink
`(A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through--CommentsClose CommentsPermalink
`(i) 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; orCommentsClose CommentsPermalink
`(ii) being ranked among the highest performing teacher preparation programs in the State as determined by the State--CommentsClose CommentsPermalink
`(I) using criteria consistent with the requirements for the State report card under section 205(b); andCommentsClose CommentsPermalink
`(II) using the State report card on teacher preparation required under section 205(b), after the first publication of such report card and for every year thereafter; orCommentsClose CommentsPermalink
`(B) that requires--CommentsClose CommentsPermalink
`(i) each student in the program to meet high academic standards and participate in intensive clinical experience;CommentsClose CommentsPermalink
`(ii) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach;CommentsClose CommentsPermalink
`(iii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences; andCommentsClose CommentsPermalink
`(iv) each student in the program preparing to become a teacher to become highly qualified.CommentsClose CommentsPermalink
`(14) PROFESSIONAL DEVELOPMENT- The term `professional development' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
`(15) 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 (
`(16) 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 (
`(17) TEACHER MENTORING- The term `teacher mentoring' means the mentoring of new or prospective teachers through a new or established program that--CommentsClose CommentsPermalink
`(A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness;CommentsClose CommentsPermalink
`(B) provides high-quality training for such mentors, including instructional strategies for literacy instruction based on scientifically based reading research;CommentsClose CommentsPermalink
`(C) provides regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;CommentsClose CommentsPermalink
`(D) provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;CommentsClose CommentsPermalink
`(E) promotes empirically based practice of and scientifically based research on--CommentsClose CommentsPermalink
`(i) teaching and learning;CommentsClose CommentsPermalink
`(ii) assessment of student learning;CommentsClose CommentsPermalink
`(iii) the development of teaching skills through the use of instructional and behavioral interventions; andCommentsClose CommentsPermalink
`(iv) the improvement of the mentees' capacity to measurably advance student learning; andCommentsClose CommentsPermalink
`(F) includes--CommentsClose CommentsPermalink
`(i) common planning time or regularly scheduled collaboration for the mentor and mentee; andCommentsClose CommentsPermalink
`(ii) joint professional development opportunities.CommentsClose CommentsPermalink
`(18) TEACHING SKILLS- The term `teaching skills' means skills that enable a teacher to--CommentsClose CommentsPermalink
`(A) increase student learning, achievement, and the ability to apply knowledge;CommentsClose CommentsPermalink
`(B) effectively convey and explain academic subject matter;CommentsClose CommentsPermalink
`(C) employ strategies grounded in the disciplines of teaching and learning that--CommentsClose CommentsPermalink
`(i) are based on empirically based practice, scientifically based research, and, where applicable, scientifically based reading research, on teaching and learning;CommentsClose CommentsPermalink
`(ii) are specific to academic subject matter; andCommentsClose CommentsPermalink
`(iii) focus on the identification of students' specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;CommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(E) effectively manage a classroom; andCommentsClose CommentsPermalink
`(F) communicate and work with parents and guardians, and involve parents and guardians in their children's education.CommentsClose CommentsPermalink
`(19) TEACHING RESIDENCY PROGRAM- The term `teaching residency program' means a school based teacher preparation program in which a prospective teacher--CommentsClose CommentsPermalink
`(A) for 1 academic year, teaches alongside a mentor teacher, who is the teacher of record;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) acquires effective teaching skills;CommentsClose CommentsPermalink
`(D) prior to completion of the program, attains full State teacher certification or licensure, becomes highly qualified, may earn a master`s degree, and receives a valid and reliable evaluation of the teacher's teaching skills.CommentsClose CommentsPermalink
`SEC. 202. PARTNERSHIP GRANTS.
`(a) Program Authorized- From amounts made available under section 208, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c).CommentsClose CommentsPermalink
`(b) Application- Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain--CommentsClose CommentsPermalink
`(1) a needs assessment of all the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention, of general and special education teachers and principals;CommentsClose CommentsPermalink
`(2) a description of the extent to which the program prepares prospective and new teachers with strong teaching skills;CommentsClose CommentsPermalink
`(3) 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;CommentsClose CommentsPermalink
`(4) a description of how the partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including those funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student achievement;CommentsClose CommentsPermalink
`(5) a resource assessment that describes the resources available to the partnership, including--CommentsClose CommentsPermalink
`(A) the integration of funds from other related sources;CommentsClose CommentsPermalink
`(B) the intended use of the grant funds;CommentsClose CommentsPermalink
`(C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends;CommentsClose CommentsPermalink
`(6) a description of--CommentsClose CommentsPermalink
`(A) how the partnership will meet the purposes of this part;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) the partnership's evaluation plan under section 204(a);CommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(E) how faculty at the partner institution will work with, during the term of the grant, highly qualified teachers in the classrooms of schools served by the high-need local educational agency in the partnership to provide high-quality professional development activities;CommentsClose CommentsPermalink
`(F) how the partnership will design, implement, or enhance a year-long, rigorous, and enriching teaching preservice clinical program component;CommentsClose CommentsPermalink
`(G) the in-service professional development strategies and activities to be supported;CommentsClose CommentsPermalink
`(H) 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; andCommentsClose CommentsPermalink
`(I) 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 (
`(7) with respect to the induction program required as part of the activities carried out under this section--CommentsClose CommentsPermalink
`(A) a demonstration that the schools and departments within the institution of higher education that are part of the induction program have relevant and essential roles in the effective preparation of teachers, including content expertise and expertise in teaching;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) a description of how the teacher preparation program will design and implement an induction program to support all new teachers through not less than the first 2 years of teaching in the further development of the new teachers' teaching skills, including the use of mentors who are trained and compensated by such program for the mentors' work with new teachers; andCommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(c) Required Use of Grant Funds- An eligible partnership that receives a grant under this part shall use grant funds to carry out a program for the preparation of teachers under subsection (e), a teaching residency program under subsection (f), or both such programs.CommentsClose CommentsPermalink
`(d) 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).CommentsClose CommentsPermalink
`(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:CommentsClose CommentsPermalink
`(1) REFORMS-CommentsClose CommentsPermalink
`(A) 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--CommentsClose CommentsPermalink
`(i) preparing--CommentsClose CommentsPermalink
`(I) current or prospective teachers to be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, teachers of students who are limited English proficient who may teach multiple subjects, and teachers who are qualified to teach Advanced Placement or International Baccalaureate courses); andCommentsClose CommentsPermalink
`(II) 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; andCommentsClose CommentsPermalink
`(ii) promoting strong teaching skills.CommentsClose CommentsPermalink
`(B) REQUIRED REFORMS- The reforms described in subparagraph (A) shall include--CommentsClose CommentsPermalink
`(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;CommentsClose CommentsPermalink
`(ii) using empirically based practice and scientifically based research about the disciplines of teaching and learning so that all prospective teachers--CommentsClose CommentsPermalink
`(I) can understand and implement research-based teaching practices in classroom-based instruction;CommentsClose CommentsPermalink
`(II) have knowledge of student learning methods;CommentsClose CommentsPermalink
`(III) possess skills to analyze student academic achievement data and other measures of student learning and use such data and measures to improve instruction in the classroom;CommentsClose CommentsPermalink
`(IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable the teachers to--CommentsClose CommentsPermalink
`(aa) meet the specific learning needs of all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels; andCommentsClose CommentsPermalink
`(bb) differentiate instruction for such students; andCommentsClose CommentsPermalink
`(V) can successfully employ scientifically based reading research and effective strategies for reading instruction using the essential components of reading instruction;CommentsClose CommentsPermalink
`(iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that new teachers receive training in both teaching and relevant content areas in order to become highly qualified;CommentsClose CommentsPermalink
`(iv) developing admissions goals and priorities in collaboration with the hiring objectives of the high-need local educational agency in the eligible partnership; andCommentsClose CommentsPermalink
`(v) implementing teacher preparation program curriculum changes to prepare teachers to teach Advanced Placement or International Baccalaureate courses.CommentsClose CommentsPermalink
`(2) CLINICAL EXPERIENCE AND INTERACTION- Developing and improving a sustained and high-quality pre-service clinical education program to further develop the teaching skills of all prospective teachers involved in the program. Such program shall do the following:CommentsClose CommentsPermalink
`(A) Incorporate year-long opportunities for enrichment activity or a combination of activities, including--CommentsClose CommentsPermalink
`(i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership and identified by the eligible partnership; andCommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.CommentsClose CommentsPermalink
`(C) Provide high-quality teacher mentoring.CommentsClose CommentsPermalink
`(D)(i) Be offered over the course of a program of teacher preparation;CommentsClose CommentsPermalink
`(ii) be tightly aligned with course work (and may be developed as a 5th year of a teacher preparation program); andCommentsClose CommentsPermalink
`(iii) where feasible, allow prospective teachers to learn to teach in the same school district in which the teachers will work, learning the instructional initiatives and curriculum of that district.CommentsClose CommentsPermalink
`(E) 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--CommentsClose CommentsPermalink
`(i) with respect to a prospective teacher or a mentor, release time for such individual's participation;CommentsClose CommentsPermalink
`(ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership's activities; andCommentsClose CommentsPermalink
`(iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance based pay.CommentsClose CommentsPermalink
`(3) INDUCTION PROGRAMS FOR NEW TEACHERS- Creating an induction program for new teachers.CommentsClose CommentsPermalink
`(4) 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--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) developing strategies that provide differential and bonus pay to recruit--CommentsClose CommentsPermalink
`(i) highly qualified teachers to teach in high-need academic subjects, such as reading, mathematics, and science;CommentsClose CommentsPermalink
`(ii) 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 (
`(iii) special education teachers;CommentsClose CommentsPermalink
`(iv) teachers specializing in teaching limited English proficient children; andCommentsClose CommentsPermalink
`(v) highly qualified teachers in urban or rural schools within the jurisdiction of the eligible partnership; andCommentsClose CommentsPermalink
`(C) developing alternative routes to State certification and traditional preparation to become highly qualified teachers through--CommentsClose CommentsPermalink
`(i) 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; andCommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(5) 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.CommentsClose CommentsPermalink
`(f) Partnership Grants for the Establishment of Teaching Residency Programs-CommentsClose CommentsPermalink
`(1) IN GENERAL- An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:CommentsClose CommentsPermalink
`(A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.CommentsClose CommentsPermalink
`(B) Modifying staffing procedures to provide greater flexibility for local educational agency and school leaders to establish effective school-level staffing in order to facilitate placement of graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school.CommentsClose CommentsPermalink
`(C) Ensuring that teaching residents that participated in the teaching residency program receive--CommentsClose CommentsPermalink
`(i) effective preservice preparation as described in paragraph (2);CommentsClose CommentsPermalink
`(ii) teacher mentoring;CommentsClose CommentsPermalink
`(iii) induction through the induction program as the teaching residents enter the classroom as new teachers; andCommentsClose CommentsPermalink
`(iv) the preparation described in subparagraphs (A), (B), and (C) of subsection (e)(2).CommentsClose CommentsPermalink
`(2) TEACHING RESIDENCY PROGRAMS-CommentsClose CommentsPermalink
`(A) ESTABLISHMENT AND DESIGN- A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs:CommentsClose CommentsPermalink
`(i) The integration of pedagogy, classroom practice, and teacher mentoring.CommentsClose CommentsPermalink
`(ii) Engagement of teaching residents in rigorous coursework while undertaking a guided teaching apprenticeship.CommentsClose CommentsPermalink
`(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher--CommentsClose CommentsPermalink
`(I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;CommentsClose CommentsPermalink
`(II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for novice teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; andCommentsClose CommentsPermalink
`(III) who may have full relief from teaching duties as a result of such additional responsibilities.CommentsClose CommentsPermalink
`(iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on observations of such do mains of teaching as the following:CommentsClose CommentsPermalink
`(I) Demonstrated knowledge of content, pedagogy, and assessment, including the use of formative assessments to improve student learning.CommentsClose CommentsPermalink
`(II) Appropriate instruction that engages students with different learning styles.CommentsClose CommentsPermalink
`(III) Collaboration with colleagues to improve instruction.CommentsClose CommentsPermalink
`(IV) 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.CommentsClose CommentsPermalink
`(V) 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.CommentsClose CommentsPermalink
`(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.CommentsClose CommentsPermalink
`(vi) The development of admissions goals and priorities aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of the agency, in exchange for a commitment by the agency to hire graduates from the teaching residency program.CommentsClose CommentsPermalink
`(vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents' first 2 years of teaching.CommentsClose CommentsPermalink
`(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS-CommentsClose CommentsPermalink
`(i) ELIGIBLE INDIVIDUAL- In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall--CommentsClose CommentsPermalink
`(I) be a recent graduate of a 4-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; andCommentsClose CommentsPermalink
`(II) submit an application to the teaching residency program.CommentsClose CommentsPermalink
`(ii) SELECTION CRITERIA- An eligible partnership carrying out a teaching residency program under this subparagraph shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:CommentsClose CommentsPermalink
`(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught.CommentsClose CommentsPermalink
`(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.CommentsClose CommentsPermalink
`(III) Other attributes linked to effective teaching determined by performance-based assessments.CommentsClose CommentsPermalink
`(C) STIPEND AND SERVICE REQUIREMENT-CommentsClose CommentsPermalink
`(i) STIPEND- A teaching residency program under this paragraph shall provide a 1-year living stipend or salary to teaching residents during the 1-year teaching residency program.CommentsClose CommentsPermalink
`(ii) SERVICE REQUIREMENT- As a condition of receiving a stipend under this subparagraph, a teaching resident shall agree to teach in a high-need school served by the high-need local educational agency in the eligible partnership for a period of 3 or more years after completing the 1-year teaching residency program.CommentsClose CommentsPermalink
`(iii) REPAYMENT- If a teaching resident who received a stipend under this subparagraph does not complete the service requirement described in clause (ii), such individual shall repay to the high need local educational agency a pro rata portion of the stipend amount for the amount of teaching time that the individual did not complete.CommentsClose CommentsPermalink
`(g) Consultation-CommentsClose CommentsPermalink
`(1) IN GENERAL- Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities under this section.CommentsClose CommentsPermalink
`(2) REGULAR COMMUNICATION- To ensure timely and meaningful consultation, regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.CommentsClose CommentsPermalink
`(3) WRITTEN CONSENT- The Secretary may approve changes in grant activities of a grant under this section only if a written consent signed by all members of the eligible partnership is submitted to the Secretary.CommentsClose CommentsPermalink
`(h) Construction- Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education.CommentsClose CommentsPermalink
`(i) Supplement, Not Supplant- Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section.CommentsClose CommentsPermalink
`SEC. 203. ADMINISTRATIVE PROVISIONS.
`(a) Duration; Number of Awards; Payments-CommentsClose CommentsPermalink
`(1) DURATION- A grant awarded under this part shall be awarded for a period of 5 years.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) PAYMENTS- The Secretary shall make annual payments of grant funds awarded under this part.CommentsClose CommentsPermalink
`(b) Peer Review-CommentsClose CommentsPermalink
`(1) PANEL- The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.CommentsClose CommentsPermalink
`(2) PRIORITY- In recommending applications to the Secretary for funding under this part, the panel shall give priority--CommentsClose CommentsPermalink
`(A) to applications from broad-based eligible partnerships that involve businesses and community organizations; andCommentsClose CommentsPermalink
`(B) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.CommentsClose CommentsPermalink
`(3) SECRETARIAL SELECTION- The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining the grant amount, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.CommentsClose CommentsPermalink
`(c) Matching Requirements-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.CommentsClose CommentsPermalink
`(2) WAIVER- The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership, if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.CommentsClose CommentsPermalink
`(d) Limitation on Administrative Expenses- An eligible partnership that receives a grant under this part may use not more than 2 percent of the grant funds for purposes of administering the grant.CommentsClose CommentsPermalink
`SEC. 204. ACCOUNTABILITY AND EVALUATION.
`(a) Eligible Partnership Evaluation- Each eligible partnership submitting an application for a grant under this part shall establish and include in such application, an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for increasing--CommentsClose CommentsPermalink
`(1) student achievement for all students as measured by the eligible partnership;CommentsClose CommentsPermalink
`(2) teacher retention in the first 3 years of a teacher's career;CommentsClose CommentsPermalink
`(3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; andCommentsClose CommentsPermalink
`(4)(A) the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;CommentsClose CommentsPermalink
`(B) the percentage of such teachers who are members of under represented groups;CommentsClose CommentsPermalink
`(C) the percentage of such teachers who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);CommentsClose CommentsPermalink
`(D) 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); andCommentsClose CommentsPermalink
`(E) the percentage of such teachers in high need schools, disaggregated by the elementary and secondary school levels.CommentsClose CommentsPermalink
`(b) Information- An eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, and faculty and leadership at institutions of higher education located in the geographic areas served by the eligible partnership under this part are provided information about the activities carried out with funds under this part, including through electronic means.CommentsClose CommentsPermalink
`(c) Revocation of Grant- If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, of the grant by the end of the third year of a grant under this part, then the Secretary shall require such eligible partnership to submit a revised application that identifies the steps the partnership will take to make substantial progress to meet the purposes, goals, objectives, and measures, as appropriate, of this part.CommentsClose CommentsPermalink
`(d) Evaluation and Dissemination- The Secretary shall evaluate the activities funded under this part and report the Secretary's findings regarding the activities to the authorizing committees. The Secretary shall broadly disseminate--CommentsClose CommentsPermalink
`(1) successful practices developed by eligible partnerships under this part; andCommentsClose CommentsPermalink
`(2) information regarding such practices that were found to be ineffective.CommentsClose CommentsPermalink
`SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
`(a) Institutional and Program Report Cards on the Quality of Teacher Preparation-CommentsClose CommentsPermalink
`(1) REPORT CARD- Each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional teacher preparation programs and alternative routes to State certification or licensure programs, the following information:CommentsClose CommentsPermalink
`(A) PASS RATES AND SCALED SCORES- For the most recent year for which the information is available for those students who took the assessments and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken the assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the 2-year period preceding such year, for each of the assessments used for teacher certification or licensure by the State in which the program is located--CommentsClose CommentsPermalink
`(i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;CommentsClose CommentsPermalink
`(ii) the percentage of all such students who passed each such assessment;CommentsClose CommentsPermalink
`(iii) the percentage of students taking an assessment who completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State;CommentsClose CommentsPermalink
`(iv) the average scaled score for all students who took each such assessment;CommentsClose CommentsPermalink
`(v) a comparison of the program's pass rates with the average pass rates for programs in the State; andCommentsClose CommentsPermalink
`(vi) a comparison of the program's average scaled scores with the average scaled scores for programs in the State.CommentsClose CommentsPermalink
`(B) PROGRAM INFORMATION- The criteria for admission into the program, the number of students in the program (disaggregated by race and gender), the average number of hours of supervised clinical experience required for those in the program, the number of full-time equivalent faculty and students in the supervised clinical experience, and the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.CommentsClose CommentsPermalink
`(C) STATEMENT- In States that require approval or accreditation of teacher preparation programs, a statement of whether the institution's program is so approved or accredited, and by whom.CommentsClose CommentsPermalink
`(D) DESIGNATION AS LOW-PERFORMING- Whether the program has been designated as low-performing by the State under section 207(a).CommentsClose CommentsPermalink
`(E) USE OF TECHNOLOGY- A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data in order to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.CommentsClose CommentsPermalink
`(2) REPORT- Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a).CommentsClose CommentsPermalink
`(3) FINES- The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.CommentsClose CommentsPermalink
`(4) SPECIAL RULE- In the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(A), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.CommentsClose CommentsPermalink
`(b) State Report Card on the Quality of Teacher Preparation-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each State that receives funds under this Act shall provide to the Secretary, annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:CommentsClose CommentsPermalink
`(A) A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.CommentsClose CommentsPermalink
`(B) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subject areas or in particular grades within the State.CommentsClose CommentsPermalink
`(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the State's challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and State early learning standards for early childhood education programs.CommentsClose CommentsPermalink
`(D) For each of the assessments used by the State for teacher certification or licensure--CommentsClose CommentsPermalink
`(i) for each institution of higher education located in the State and each entity located in the State that offers an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;CommentsClose CommentsPermalink
`(ii) the percentage of all such students at all such institutions taking the assessment who pass such assessment; andCommentsClose CommentsPermalink
`(iii) the percentage of students taking an assessment who completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State.CommentsClose CommentsPermalink
`(E) A description of alternative routes to State certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure--CommentsClose CommentsPermalink
`(i) the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date of the determination, who passed each such assessment; andCommentsClose CommentsPermalink
`(ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the period preceding the date of the determination, who took each such assessment.CommentsClose CommentsPermalink
`(F) A description of the State's criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.CommentsClose CommentsPermalink
`(G) For each teacher preparation program in the State, the criteria for admission into the program, the number of students in the program, disaggregated by race and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student), the average number of hours of supervised clinical experience required for those in the program, and the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.CommentsClose CommentsPermalink
`(H) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by--CommentsClose CommentsPermalink
`(i) area of certification or licensure;CommentsClose CommentsPermalink
`(ii) academic major; andCommentsClose CommentsPermalink
`(iii) subject area for which the teacher has been prepared to teach.CommentsClose CommentsPermalink
`(I) Using the data generated under subparagraphs (G) and (H), a description of the extent to which teacher preparation programs are helping to address shortages of highly qualified teachers, by area of certification or licensure, subject, and specialty, in the State's public schools.CommentsClose CommentsPermalink
`(J) A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data in order to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.CommentsClose CommentsPermalink
`(2) PROHIBITION AGAINST CREATING A NATIONAL LIST- The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection.CommentsClose CommentsPermalink
`(c) Report of the Secretary on the Quality of Teacher Preparation-CommentsClose CommentsPermalink
`(1) REPORT CARD- The Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (J) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part. Such report shall be so provided, published, and made available annually.CommentsClose CommentsPermalink
`(2) REPORT TO CONGRESS- The Secretary shall prepare and submit a report to Congress that contains the following:CommentsClose CommentsPermalink
`(A) A comparison of States' efforts to improve the quality of the current and future teaching force.CommentsClose CommentsPermalink
`(B) A comparison of eligible partnerships' efforts to improve the quality of the current and future teaching force.CommentsClose CommentsPermalink
`(C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than 1 State for teacher certification or licensure.CommentsClose CommentsPermalink
`(3) SPECIAL RULE- In the case of a teacher preparation program with fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information, and make publicly available, with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.CommentsClose CommentsPermalink
`(d) Coordination- The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual's most recent degree.CommentsClose CommentsPermalink
`SEC. 205A. TEACHER DEVELOPMENT.
`(a) Annual Goals- As a condition of receiving assistance under title IV, each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall set annual quantifiable goals for--CommentsClose CommentsPermalink
`(1) increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary, including mathematics, science, special education, and instruction of limited English proficient students; andCommentsClose CommentsPermalink
`(2) more closely linking the training provided by the institution with the needs of schools and the instructional decisions new teachers face in the classroom.CommentsClose CommentsPermalink
`(b) Assurance- As a condition of receiving assistance under title IV, each institution described in subsection (a) shall provide an assurance to the Secretary that--CommentsClose CommentsPermalink
`(1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution's graduates are likely to teach, based on past hiring and recruitment trends;CommentsClose CommentsPermalink
`(2) prospective special education teachers receive coursework in core academic subjects and receive training in providing instruction in core academic subjects;CommentsClose CommentsPermalink
`(3) regular education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families; andCommentsClose CommentsPermalink
`(4) prospective teachers receive training on how to effectively teach in urban and rural schools.CommentsClose CommentsPermalink
`(c) Public Reporting- As part of the annual report card required under section 205(a)(1), an institution of higher education described in subsection (a) shall publicly report whether the goals established under such subsection have been met.CommentsClose CommentsPermalink
`SEC. 206. STATE FUNCTIONS.
`(a) State Assessment- In order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation. Such State shall provide the Secretary an annual list of such low-performing teacher preparation programs that includes an identification of those programs at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part. Such assessment shall be described in the report under section 205(b).CommentsClose CommentsPermalink
`(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)--CommentsClose CommentsPermalink
`(1) shall be ineligible for any funding for professional development activities awarded by the Department;CommentsClose CommentsPermalink
`(2) shall not be permitted to accept or enroll any student that receives aid under title IV in the institution's teacher preparation program; andCommentsClose CommentsPermalink
`(3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval.CommentsClose CommentsPermalink
`(c) Negotiated Rulemaking- If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.CommentsClose CommentsPermalink
`(d) Application of the Requirements- The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.CommentsClose CommentsPermalink
`SEC. 207. GENERAL PROVISIONS.
`(a) Methods- In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals.CommentsClose CommentsPermalink
`(b) Special Rule- For each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965 and in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school, middle school, or secondary school is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with Disabilities Education Act,--CommentsClose CommentsPermalink
`(1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; andCommentsClose CommentsPermalink
`(2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.CommentsClose CommentsPermalink
`(c) Release of Information to Teacher Preparation Programs-CommentsClose CommentsPermalink
`(1) IN GENERAL- For the purpose of improving teacher preparation programs, a State educational agency that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that--CommentsClose CommentsPermalink
`(A) may enable the teacher preparation program to evaluate the effectiveness of the program's graduates or the program itself; andCommentsClose CommentsPermalink
`(B) is possessed, controlled, or accessible by the State educational agency.CommentsClose CommentsPermalink
`(2) CONTENT OF INFORMATION- The information described in paragraph (1)--CommentsClose CommentsPermalink
`(A) shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State educational agency with the program's own data about the specific courses taken by, and field experiences of, the individual graduates; andCommentsClose CommentsPermalink
`(B) may include--CommentsClose CommentsPermalink
`(i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; andCommentsClose CommentsPermalink
`(ii) teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.CommentsClose CommentsPermalink
`SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.'.CommentsClose CommentsPermalink
SEC. 202. REPEAL OF PART B (PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY).
Title II (
SEC. 203. GENERAL PROVISIONS.
Title II (
`PART B--GENERAL PROVISIONS
`SEC. 221. LIMITATIONS.
`(a) Federal Control Prohibited- Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title.CommentsClose CommentsPermalink
`(b) No Change in State Control Encouraged or Required- Nothing in this title shall be construed to encourage or require any change in a State's treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law.CommentsClose CommentsPermalink
`(c) National System of Teacher Certification or Licensure Prohibited- Nothing in this title shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure.'.CommentsClose CommentsPermalink
SEC. 204. TEACHER INCENTIVE FUND PROGRAM.
Title II (
`PART C--TEACHER INCENTIVE FUND PROGRAM
`SEC. 231. PURPOSES; DEFINITIONS.
`(a) Purposes- The purposes of this part are--CommentsClose CommentsPermalink
`(1) 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; andCommentsClose CommentsPermalink
`(2) to study and review performance-based compensation systems for teachers and principals to evaluate their effectiveness, fairness, quality, consistency, and reliability.CommentsClose CommentsPermalink
`(b) Definitions- For purposes of this part:CommentsClose CommentsPermalink
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--CommentsClose CommentsPermalink
`(A) a local educational agency (including a charter school that is a local educational agency), or a consortium of such agencies;CommentsClose CommentsPermalink
`(B) a State educational agency, or other State agency designated by the chief executive of the State to participate under this subpart; orCommentsClose CommentsPermalink
`(C) a partnership of--CommentsClose CommentsPermalink
`(i) one or more agencies described in subparagraph (A) or (B), or both; andCommentsClose CommentsPermalink
`(ii) at least one nonprofit organization.CommentsClose CommentsPermalink
`(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term `high-need local educational agency' has the meaning given the term in section 201.CommentsClose CommentsPermalink
`(3) HIGH-NEED SCHOOL- The term `high-need school' has the meaning given the term in section 201.CommentsClose CommentsPermalink
`(4) PERFORMANCE-BASED COMPENSATION SYSTEM- The term `performance-based compensation system' means a system of compensation for teachers and principals that--CommentsClose CommentsPermalink
`(A) differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; andCommentsClose CommentsPermalink
`(B) may include--CommentsClose CommentsPermalink
`(i) 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; andCommentsClose CommentsPermalink
`(ii) recognition of the skills and knowledge of teachers and principals as demonstrated through--CommentsClose CommentsPermalink
`(I) successful fulfillment of additional responsibilities or job functions; andCommentsClose CommentsPermalink
`(II) evidence of high achievement and mastery of content knowledge and superior teaching skills.CommentsClose CommentsPermalink
`SEC. 232. TEACHER INCENTIVE FUND GRANTS.
`(a) 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.CommentsClose CommentsPermalink
`(b) 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.CommentsClose CommentsPermalink
`(c) 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--CommentsClose CommentsPermalink
`(1) a description of the performance-based compensation system that the applicant proposes to develop and implement or improve;CommentsClose CommentsPermalink
`(2) 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;CommentsClose CommentsPermalink
`(3) 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;CommentsClose CommentsPermalink
`(4) a description and demonstration of how teacher and principal views were included in the development of the performance-based compensation system;CommentsClose CommentsPermalink
`(5) 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;CommentsClose CommentsPermalink
`(6) 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;CommentsClose CommentsPermalink
`(7) a description of how the applicant will use grant funds under this part in each year of the grant;CommentsClose CommentsPermalink
`(8) 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;CommentsClose CommentsPermalink
`(9) an explanation of how the grantee will continue its performance-based compensation system after the grant ends;CommentsClose CommentsPermalink
`(10) 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;CommentsClose CommentsPermalink
`(11) 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; andCommentsClose CommentsPermalink
`(12) 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.CommentsClose CommentsPermalink
`(d) Use of Funds-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) AUTHORIZED ACTIVITIES- Authorized activities under this part may include the following:CommentsClose CommentsPermalink
`(A) Developing appraisal systems that reflect clear and fair measures of student academic achievement.CommentsClose CommentsPermalink
`(B) Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement.CommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(E) 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.CommentsClose CommentsPermalink
`(F) 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.CommentsClose CommentsPermalink
`(e) Duration of Grants-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may make grants under this section for periods of up to 5 years.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(f) Equitable Distribution- To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section.CommentsClose CommentsPermalink
`(g) Matching Requirement-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) for the first year of the grant, 25 percent of the amount received for that year under the grant;CommentsClose CommentsPermalink
`(B) for the second year, 30 percent;CommentsClose CommentsPermalink
`(C) for the third year, 35 percent;CommentsClose CommentsPermalink
`(D) for the fourth year, 40 percent; andCommentsClose CommentsPermalink
`(E) for the fifth year, 50 percent.CommentsClose CommentsPermalink
`(2) 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).CommentsClose CommentsPermalink
`(h) Supplement, Not Supplant- Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds.CommentsClose CommentsPermalink
`SEC. 233. REPORT AND EVALUATION.
`(a) Report- The Secretary shall provide an annual report on the implementation of the program to the Congress.CommentsClose CommentsPermalink
`(b) Evaluation-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall, through grant or contract, carry out an independent evaluation of the program under this part.CommentsClose CommentsPermalink
`(2) CONTENT- The evaluation shall measure--CommentsClose CommentsPermalink
`(A) the effectiveness of the program in improving student academic achievement;CommentsClose CommentsPermalink
`(B) the satisfaction of the participating teachers or principals; andCommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
`(a) 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.CommentsClose CommentsPermalink
`(b) 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.'.CommentsClose CommentsPermalink
SEC. 205. NATIONAL TEACHER CORPS.
Title II (
`PART D--NATIONAL TEACHER CORPS
`SEC. 241. PURPOSES.
`The purposes of this part are--CommentsClose CommentsPermalink
`(1) to raise the number of highly accomplished recent college graduates teaching in underserved urban and rural communities in the United States;CommentsClose CommentsPermalink
`(2) to increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers; andCommentsClose CommentsPermalink
`(3) to build a broader pipeline of talented and experienced future leaders in public education and education reform.CommentsClose CommentsPermalink
`SEC. 242. DEFINITIONS.
`In this part:CommentsClose CommentsPermalink
`(1) 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 (
`(2) 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.CommentsClose CommentsPermalink
`SEC. 243. 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--CommentsClose CommentsPermalink
`(1) focuses a national recruitment effort on recent college graduates from all academic majors;CommentsClose CommentsPermalink
`(2) trains such graduates through intensive summer institutes;CommentsClose CommentsPermalink
`(3) 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; andCommentsClose CommentsPermalink
`(4) supports and measures the progress of such teachers through intensive professional development.CommentsClose CommentsPermalink
`SEC. 244. 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--CommentsClose CommentsPermalink
`(1) to provide highly qualified teachers to high need local educational agencies in urban and rural communities;CommentsClose CommentsPermalink
`(2) to pay the cost of recruiting, selecting, training, and supporting new teachers; andCommentsClose CommentsPermalink
`(3) to serve a substantial number and percentage of underserved students.CommentsClose CommentsPermalink
`SEC. 245. AUTHORIZED ACTIVITIES.
`Grant funds provided under this part shall be used by the grantee to carry out each of the following activities:CommentsClose CommentsPermalink
`(1) Recruiting and selecting teachers through a highly-selective national process.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) Placing selected teachers in schools and positions in high need local education agencies that serve a high percentage of low-income students.CommentsClose CommentsPermalink
`(4) Providing ongoing professional development activities for the selected teachers in the classroom, including regular classroom observations and feedback, and ongoing training and support.CommentsClose CommentsPermalink
`SEC. 246. EVALUATION.
`(a) Annual Report- The grantee shall provide to the Secretary an annual report that includes--CommentsClose CommentsPermalink
`(1) data on the number and quality of the teachers provided to local educational agencies through the grant under this part;CommentsClose CommentsPermalink
`(2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; andCommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(b) 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.CommentsClose CommentsPermalink
`SEC. 247. 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 .'.CommentsClose CommentsPermalink
SEC. 206. 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.CommentsClose CommentsPermalink
TITLE III--INSTITUTIONAL AID
SEC. 301. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES.
(a) Eligible Institutions- Subsection (b) of section 316 (
`(b) Definitions-CommentsClose CommentsPermalink
`(1) ELIGIBLE INSTITUTIONS- For purposes of this section, Tribal Colleges and Universities are the following:CommentsClose CommentsPermalink
`(A) 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 (
`(B) 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.CommentsClose CommentsPermalink
`(2) INDIAN- The term `Indian' has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978.'.CommentsClose CommentsPermalink
(b) Distance Learning- Subsection (c)(2) of such section is amended--CommentsClose CommentsPermalink
(1) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;';CommentsClose CommentsPermalink
(2) in subparagraph (C), by inserting before the semicolon at the end the following: `, or advanced degrees in tribal governance or tribal public policy';CommentsClose CommentsPermalink
(3) in subparagraph (D), by inserting before the semicolon at the end the following: `, in tribal governance, or in tribal public policy';CommentsClose CommentsPermalink
(4) by striking `and' at the end of subparagraph (K);CommentsClose CommentsPermalink
(5) by redesignating subparagraph (L) as subparagraph (M); andCommentsClose CommentsPermalink
(6) by inserting after subparagraph (K) the following new subparagraph:CommentsClose CommentsPermalink
`(L) developing or improving facilities for Internet use or other distance learning academic instruction capabilities; and'.CommentsClose CommentsPermalink
(c) Application and Allotment- Subsection (d) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(d) Application and Allotment-CommentsClose CommentsPermalink
`(1) INSTITUTIONAL ELIGIBILITY- To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b).CommentsClose CommentsPermalink
`(2) APPLICATION- Any Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may reasonably require.CommentsClose CommentsPermalink
`(3) ALLOTMENTS TO INSTITUTIONS-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) MINIMUM GRANT- Notwithstanding subparagraphs (A) and (B), the amount allotted to each institution under this section shall not be less than $500,000.CommentsClose CommentsPermalink
`(4) SPECIAL RULES-CommentsClose CommentsPermalink
`(A) CONCURRENT FUNDING- For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section shall concurrently receive funds under other provisions of this part or part B.CommentsClose CommentsPermalink
`(B) EXEMPTION- Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.'.CommentsClose CommentsPermalink
SEC. 302. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS.
(a) Distance Learning- Section 317(c)(2) (
(1) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;';CommentsClose CommentsPermalink
(2) in subparagraph (C), by inserting before the semicolon at the end the following: `, or advanced degrees in tribal governance or tribal public policy';CommentsClose CommentsPermalink
(3) in subparagraph (D), by inserting before the semicolon at the end the following: `, in tribal governance, or tribal public policy';CommentsClose CommentsPermalink
(4) by striking `and' at the end of subparagraph (G);CommentsClose CommentsPermalink
(5) by striking the period at the end of subparagraph (H) and inserting a semicolon; andCommentsClose CommentsPermalink
(6) by inserting after subparagraph (H) the following new subparagraph:CommentsClose CommentsPermalink
`(I) development or improvement of facilities for Internet use or other distance learning academic instruction capabilities; and'.CommentsClose CommentsPermalink
(b) Endowment Funds- Section 317(c) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) ENDOWMENT FUNDS-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) 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).'.CommentsClose CommentsPermalink
(c) Application Process- Section 317(d)(2) is amended by striking everything after the first sentence.CommentsClose CommentsPermalink
SEC. 303. GRANTS TO PART B INSTITUTIONS.
(a) Use of Funds-CommentsClose CommentsPermalink
(1) FACILITIES AND EQUIPMENT-CommentsClose CommentsPermalink
(A) UNDERGRADUATE INSTITUTIONS- Paragraph (2) of section 323(a) (
`(2) 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.'.CommentsClose CommentsPermalink
(B) GRADUATE AND PROFESSIONAL SCHOOLS- Paragraph (2) of section 326(c) (
`(2) 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;'.CommentsClose CommentsPermalink
(2) OUTREACH AND COLLABORATION- Paragraph (11) of section 323(a) (
`(11) 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.'.CommentsClose CommentsPermalink
(b) Technical Assistance- Section 323 (
(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
`(c) Technical Assistance-CommentsClose CommentsPermalink
`(1) IN GENERAL- An institution may not use more than 2 percent of the grant funds provided under this part to secure technical assistance.CommentsClose CommentsPermalink
`(2) TECHNICAL ASSISTANCE- Technical assistance may include assistance with enrollment management, financial management, and strategic planning.CommentsClose CommentsPermalink
`(3) 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.'.CommentsClose CommentsPermalink
(c) Minimum Grants- Section 324(d)(1) (
(d) Eligible Graduate or Professional Schools-CommentsClose CommentsPermalink
(1) GENERAL AUTHORITY- Section 326(a)(1) (
(A) by inserting `(A)' after `subsection (e) that'; andCommentsClose CommentsPermalink
(B) 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'.CommentsClose CommentsPermalink
(2) ELIGIBLE INSTITUTIONS- Section 326(e)(1) (
(A) by striking `and' at the end of subparagraph (Q);CommentsClose CommentsPermalink
(B) by striking the period at the end of subparagraph (R) and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(S) Alabama State University qualified graduate program;CommentsClose CommentsPermalink
`(T) Prairie View A & M University qualified graduate program;CommentsClose CommentsPermalink
`(U) Coppin State University qualified graduate program;CommentsClose CommentsPermalink
`(V) Delaware State University qualified graduate program;CommentsClose CommentsPermalink
`(W) Langston University qualified graduate program;CommentsClose CommentsPermalink
`(X) West Virginia State University qualified graduate program; andCommentsClose CommentsPermalink
`(Y) Fayetteville State University qualified graduate program.'.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT- Section 326(e)(3) (
(A) by striking `1998' and inserting `2006'; andCommentsClose CommentsPermalink
(B) by striking `(Q) and (R)' and inserting `(S) through (Y)'.CommentsClose CommentsPermalink
(e) Professional or Graduate Institutions- Section 326(f) (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `$26,600,000' and inserting `$54,500,000'; andCommentsClose CommentsPermalink
(B) by striking `(P)' and inserting `(R)';CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) 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'; andCommentsClose CommentsPermalink
(B) by striking `subparagraphs (Q) and (R)' and inserting `subparagraphs (S) through (Y)'; andCommentsClose CommentsPermalink
(3) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking `$28,600,000' and inserting `$58,500,000'; andCommentsClose CommentsPermalink
(B) by striking `(R)' and inserting `(Y)'.CommentsClose CommentsPermalink
(f) Hold Harmless- Section 326(g) (
SEC. 304. TECHNICAL AMENDMENTS.
(a) Amendments- Title III is further amended--CommentsClose CommentsPermalink
(1) in section 311(c) (
(A) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.';CommentsClose CommentsPermalink
(2) in section 312(b)(1)(A) (
(3) in section 312(b)(1)(F) (
(4) in section 312(b)(1) (
`(E) 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;';CommentsClose CommentsPermalink
(5) in section 316(c)(2) (
(A) by redesignating subparagraphs (G) through (M) (as redesignated by section 301(b)(5) of this Act) as subparagraphs (H) through (N), respectively;CommentsClose CommentsPermalink
(B) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink
`(G) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;'; andCommentsClose CommentsPermalink
(C) in subparagraph (N), as redesignated by subparagraph (A), by striking `subparagraphs (A) through (K)' and inserting `subparagraphs (A) through (M)';CommentsClose CommentsPermalink
(6) in section 317(c)(2) (
`(J) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.';CommentsClose CommentsPermalink
(7) in section 323(a) (
(A) by striking `section 360(a)(2)' and inserting `section 399(a)(2)(A)';CommentsClose CommentsPermalink
(B) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; andCommentsClose CommentsPermalink
(C) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.';CommentsClose CommentsPermalink
(8) in section 324(d)(2) (
(9) in section 326(e)(1) (
(10) in section 327(b) (
(11) in section 342(5)(C) (
(A) by inserting a comma after `equipment' the first place it appears; andCommentsClose CommentsPermalink
(B) by striking `technology,,' and inserting `technology,';CommentsClose CommentsPermalink
(12) in section 343(e) (
(13) in section 351(a) (
(14) in section 391(b)(7)(E) (
(15) in section 396 (
(b) Repeal- Section 1024 (
SEC. 305. TITLE III AUTHORIZATIONS.
Section 399(a) (
(1) by striking `1999' each place it appears and inserting `2007';CommentsClose CommentsPermalink
(2) by striking `4 succeeding fiscal years' each place it appears and inserting `5 succeeding fiscal years';CommentsClose CommentsPermalink
(3) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `$10,000,000' in subparagraph (B) and inserting `$23,800,000'; andCommentsClose CommentsPermalink
(B) by striking `$5,000,000' in subparagraph (C) and inserting `$11,900,000';CommentsClose CommentsPermalink
(4) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `$135,000,000' in subparagraph (A) and inserting `$241,000,000'; andCommentsClose CommentsPermalink
(B) by striking `$35,000,000' in subparagraph (B) and inserting `$59,000,000'; andCommentsClose CommentsPermalink
(5) in paragraph (4), by striking `$110,000' and inserting `$212,000'.CommentsClose CommentsPermalink
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS
SEC. 401. PELL GRANTS.
(a) Extension of Authority- Section 401(a) (
(b) Direct Payment- Section 401(a) (
(1) by striking paragraph (2); andCommentsClose CommentsPermalink
(2) by redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink
(c) Maximum Pell Grant Increase- Paragraph (2)(A) of section 401(b)
`(2)(A) 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.'.CommentsClose CommentsPermalink
(d) Multiple Grants- Paragraph (5) of section 401(b) (as redesignated by subsection (d)(2)) is amended to read as follows:CommentsClose CommentsPermalink
`(5) YEAR-ROUND PELL GRANTS-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) LIMITATION- The Secretary shall limit the awarding of additional Pell grants under this paragraph to students attending--CommentsClose CommentsPermalink
`(i) 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; orCommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(D) REGULATIONS REQUIRED- The Secretary shall promulgate regulations implementing this paragraph.'.CommentsClose CommentsPermalink
(e) 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)'.CommentsClose CommentsPermalink
(f) Pell Grant Eligibility Duration- Section 401(c) (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `The period' and inserting in lieu thereof `Subject to paragraph (5), the period'; andCommentsClose CommentsPermalink
(B) by striking the period at the end thereof and inserting `but shall be subject to the limitation described in paragraph (5).'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) The period during which a student may receive Federal Pell Grants shall not exceed the equivalent of 18 semesters or 27 quarters in duration (as determined by the Secretary by regulation), 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.'.CommentsClose CommentsPermalink
(g) Eligibility Period- Section 401(c)(2) (
(h) 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'.CommentsClose CommentsPermalink
(i) Conforming Amendment- Chapter 3 of subpart 2 of part A of title IV (
(j) Effective Date- The amendments made by this section shall be effective with respect to academic years beginning on or after July 1, 2008.CommentsClose CommentsPermalink
SEC. 402. TRIO PROGRAMS.
(a) Duration of Grants-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 402A(b)(2) (
`(2) DURATION- Grants or contracts awarded under this chapter shall be awarded for a period of 5 years, except that--CommentsClose CommentsPermalink
`(A) grants under section 402G shall be awarded for a period of 2 years; andCommentsClose CommentsPermalink
`(B) grants under section 402H shall be awarded for a period determined by the Secretary.'.CommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
(b) Minimum Grants- Section 402A(b)(3) (
`(3) 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.'.CommentsClose CommentsPermalink
(c) Application Status; Foster Care Coordination- Paragraph (7) of section 402A(c) (
`(7) 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.'.CommentsClose CommentsPermalink
(d) Documentation of Status- Section 402A(e) (
(e) Homeless and Unaccompanied Youth- Section 402A(e) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) Notwithstanding this subsection and subsection (i)(4), individuals who are homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act shall be eligible to participate in programs under sections 402B, 402C, 402D, and 402F of this chapter.'.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- Section 402A(f) (
(g) Definition- Section 402A(g) (
(1) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking `by reason of such individual's age';CommentsClose CommentsPermalink
(B) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink
(C) in subparagraph (B), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(D) by adding at the end the following new subparagraph (C):CommentsClose CommentsPermalink
`(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
(2) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; andCommentsClose CommentsPermalink
(3) by inserting before paragraph (3), as redesignated, the following:CommentsClose CommentsPermalink
`(1) DIFFERENT CAMPUS- The term `different campus' means an institutional site that--CommentsClose CommentsPermalink
`(A) is geographically apart from the main campus of the institution;CommentsClose CommentsPermalink
`(B) is permanent in nature; andCommentsClose CommentsPermalink
`(C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.CommentsClose CommentsPermalink
`(2) 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--CommentsClose CommentsPermalink
`(A) is separate and distinct from any other population that the entity seeks to serve through an application for funding under this chapter; orCommentsClose CommentsPermalink
`(B) 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.'.CommentsClose CommentsPermalink
(h) Education and Counseling Services- Chapter 1 of subpart 2 of part A of title IV is further amended--CommentsClose CommentsPermalink
(1) in section 402B(b) (
(A) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively;CommentsClose CommentsPermalink
(B) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
`(3) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;'; andCommentsClose CommentsPermalink
(C) in paragraph (11), as redesignated by subparagraph (A), by striking `paragraphs (1) through (9)' and inserting `paragraphs (1) through (10)';CommentsClose CommentsPermalink
(2) in section 402C (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) by redesignating paragraphs (2) through (12) as paragraphs (3) through (13), respectively;CommentsClose CommentsPermalink
(ii) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;';CommentsClose CommentsPermalink
(iii) in paragraph (12), as redesignated by clause (i), by inserting `, specifically in the fields of math and science' after `postsecondary education'; andCommentsClose CommentsPermalink
(iv) in paragraph (13), as redesignated by clause (i), by striking `paragraphs (1) through (11)' and inserting `paragraphs (1) through (12)'; andCommentsClose CommentsPermalink
(B) in subsection (e), by striking `subsection (b)(10)' and inserting `subsection (b)(11)';CommentsClose CommentsPermalink
(3) in section 402D(b) (
(A) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively;CommentsClose CommentsPermalink
(B) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) education or counseling services designed to improve the financial literacy and economic literacy of students;'; andCommentsClose CommentsPermalink
(C) in paragraph (11), as redesignated by subparagraph (A), by striking `paragraphs (1) through (9)' and inserting `paragraphs (1) through (10)';CommentsClose CommentsPermalink
(4) in section 402E(b) (
(A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;'; andCommentsClose CommentsPermalink
(5) in section 402F(b) (
(A) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively;CommentsClose CommentsPermalink
(B) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
`(4) education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents;'; andCommentsClose CommentsPermalink
(C) in paragraph (11), as redesignated by subparagraph (A), by striking `paragraphs (1) through (9)' and inserting `paragraphs (1) through (10)'.CommentsClose CommentsPermalink
(i) Maximum Stipends- Section 402C(e) (
(1) by striking `$60' and inserting `$100'; andCommentsClose CommentsPermalink
(2) by striking `$40' and inserting `$60'.CommentsClose CommentsPermalink
(j) Student Support Services- Section 402D(d)(6) (
(1) by striking `and' at the end of subparagraph (A);CommentsClose CommentsPermalink
(2) by striking the period at the end of subparagraph (B) and inserting `; and'; andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
`(C) 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.'.CommentsClose CommentsPermalink
(k) Postbaccalaureate Achievement Maximum Stipends- Section 402E(e)(1) (
(l) Educational Opportunity Centers: Application Approval- Section 402F(c) (
(1) by striking `and' at the end of paragraph (2);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (3) and inserting `; and'; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) 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.'.CommentsClose CommentsPermalink
(m) GAO Study of Allocation of Funds-CommentsClose CommentsPermalink
(1) 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 (
(A) 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; andCommentsClose CommentsPermalink
(B) 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.CommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
SEC. 403. TRIO REFORM.
(a) Performance Measures- Section 402A (
(1) by redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (g), (h), and (i), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
`(c) Performance Measures-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) USE OF MEASURES- The performance measures described in paragraph (1) shall consider demographic and geographic variation and be used to--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) identify strengths and weaknesses in the provision of services provided by grantees under this chapter;CommentsClose CommentsPermalink
`(C) identify project operations that may require training and technical assistance resources.CommentsClose CommentsPermalink
`(3) ADDITIONAL MEASURES- In addition to the performance measures in paragraph (1), each grant recipient may establish local performance measures.'.CommentsClose CommentsPermalink
(b) Selection- Subsection (d) of such section (as redesignated by subsection (a)(1) of this section) is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink
`(2) SELECTION-CommentsClose CommentsPermalink
`(A) 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--CommentsClose CommentsPermalink
`(i) the plan of such applicant to deliver program services and achieve expected program outcomes established by the Secretary;CommentsClose CommentsPermalink
`(ii) the plan of such applicant to coordinate program services with other programs for disadvantaged students; andCommentsClose CommentsPermalink
`(iii) any prior experience of such applicant in achieving expected program outcomes under this chapter.CommentsClose CommentsPermalink
`(B) ADDITIONAL CRITERIA- The Secretary may establish additional selection criteria as necessary to identify the most qualified applicants.'.CommentsClose CommentsPermalink
(c) Prior Experience- Paragraph (3) of such subsection (d) (redesignated by subsection (b)(1) of this section) is amended--CommentsClose CommentsPermalink
(1) 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.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) The Secretary shall not give prior experience points to any current grantee that during the then most recent period for which funds were provided--CommentsClose CommentsPermalink
`(i) failed to meet one or more expected program outcomes based on the performance measures described in subsection (c); orCommentsClose CommentsPermalink
`(ii) expended funds for indirect costs in an amount that exceeded 8 percent of the total grant award.'.CommentsClose CommentsPermalink
(d) Order of Awards- Paragraph (4) of such subsection (d) (as redesignated by subsection (b)(1) of this section) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking `under paragraph (4)' and inserting `under paragraph (5)'; andCommentsClose CommentsPermalink
(B) by striking `with paragraph (2)' and inserting `with paragraph (3)'; andCommentsClose CommentsPermalink
(2) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) 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.'.CommentsClose CommentsPermalink
(e) 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:CommentsClose CommentsPermalink
`(3) 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.'.CommentsClose CommentsPermalink
(f) 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:CommentsClose CommentsPermalink
`(f) Recordkeeping and Reporting-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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--CommentsClose CommentsPermalink
`(A) a statement for the then most recently concluded fiscal year specifying--CommentsClose CommentsPermalink
`(i) the amount of funds received by grantees to provide services under this chapter; andCommentsClose CommentsPermalink
`(ii) the amount of funds received by new grantees to provide services under this chapter;CommentsClose CommentsPermalink
`(B) a description of the specific services provided to students;CommentsClose CommentsPermalink
`(C) a summary of the overall success in achieving specific program outcomes or progress toward such outcomes;CommentsClose CommentsPermalink
`(D) a report of the number of students served by types of service received;CommentsClose CommentsPermalink
`(E) information summarizing the types of organizations that received funds under this chapter; andCommentsClose CommentsPermalink
`(F) a summary of the research and evaluation activities under section 402H, including--CommentsClose CommentsPermalink
`(i) a status report on ongoing activities; andCommentsClose CommentsPermalink
`(ii) results, conclusions, and recommendations based on the most recent report available'.CommentsClose CommentsPermalink
(g) 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.'.CommentsClose CommentsPermalink
(h) Expected Program Outcomes-CommentsClose CommentsPermalink
(1) Section 402B (
`(c) 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--CommentsClose CommentsPermalink
`(1) the rate of college enrollment of students served by the program;CommentsClose CommentsPermalink
`(2) the continued secondary school enrollment of participating students;CommentsClose CommentsPermalink
`(3) the graduation of participating students from secondary school;CommentsClose CommentsPermalink
`(4) the delivery of services described in the application approved by the Secretary; andCommentsClose CommentsPermalink
`(5) other such outcomes the Secretary may require.'.CommentsClose CommentsPermalink
(2) Section 402C (
`(f) 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--CommentsClose CommentsPermalink
`(1) the rate of college enrollment of students served by the program;CommentsClose CommentsPermalink
`(2) the persistence of students in postsecondary education;CommentsClose CommentsPermalink
`(3) the delivery of services described in the application approved by the Secretary;CommentsClose CommentsPermalink
`(4) the academic achievement of participating students; andCommentsClose CommentsPermalink
`(5) other such outcomes the Secretary may require.'.CommentsClose CommentsPermalink
(3) Section 402D (
`(e) 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--CommentsClose CommentsPermalink
`(1) the persistence in postsecondary education of all students served by the program;CommentsClose CommentsPermalink
`(2)(A) 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; orCommentsClose CommentsPermalink
`(B) 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--CommentsClose CommentsPermalink
`(i) completed degree or certificate programs; andCommentsClose CommentsPermalink
`(ii) transferred to institutions of higher education offering baccalaureate degrees;CommentsClose CommentsPermalink
`(3) the delivery of services described in the application approved by the Secretary; andCommentsClose CommentsPermalink
`(4) other such outcomes the Secretary may require.'.CommentsClose CommentsPermalink
(4) Section 402E (
`(f) 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--CommentsClose CommentsPermalink
`(1) the rate of graduate school enrollment of participating students;CommentsClose CommentsPermalink
`(2) the attainment of doctoral degrees by participating students;CommentsClose CommentsPermalink
`(3) the delivery of services described in the application approved by the Secretary; andCommentsClose CommentsPermalink
`(4) other such outcomes as required by the Secretary.'.CommentsClose CommentsPermalink
(5) Section 402F (
`(d) 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--CommentsClose CommentsPermalink
`(1) the rate of college enrollment of participating students;CommentsClose CommentsPermalink
`(2) the provision of assistance to students served by the program in completing financial aid applications and college admission applications;CommentsClose CommentsPermalink
`(3) the delivery of services described in the application approved by the Secretary; andCommentsClose CommentsPermalink
`(4) other such outcomes as required by the Secretary.'.CommentsClose CommentsPermalink
(i) Staff Development- Section 402G (
`SEC. 402G. STAFF DEVELOPMENT ACTIVITIES.
`(a) 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.CommentsClose CommentsPermalink
`(b) Contents of Training Programs- Such training shall be provided to assist programs and projects in--CommentsClose CommentsPermalink
`(1) achieving the expected program outcomes stated under this chapter or additional outcomes identified by individual programs or projects;CommentsClose CommentsPermalink
`(2) addressing any identified program weaknesses in the overall development, conduct, or administration of a grant or contract;CommentsClose CommentsPermalink
`(3) improving the quality of services provided to eligible students; orCommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(c) 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.'.CommentsClose CommentsPermalink
(j) Evaluations- Section 402H (
`SEC. 402H. EVALUATIONS.
`(a) Evaluations-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) evaluate the effectiveness of the programs and projects assisted under this chapter; andCommentsClose CommentsPermalink
`(B) disseminate information on the impact of the programs in increasing the education level of participating students, as well as other appropriate measures.CommentsClose CommentsPermalink
`(2) ISSUES TO BE EVALUATED- The evaluations described in paragraph (1) shall measure the effectiveness of programs under this chapter in--CommentsClose CommentsPermalink
`(A) meeting the expected program outcomes stated under this chapter and all performance measures identified by the Secretary;CommentsClose CommentsPermalink
`(B) enhancing the access of low-income individuals and first-generation college students to postsecondary education;CommentsClose CommentsPermalink
`(C) preparing individuals and students for postsecondary education;CommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(E) 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; andCommentsClose CommentsPermalink
`(F) such other issues as the Secretary considers appropriate for inclusion in the evaluation.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(b) Results- The Secretary shall submit to the authorizing committees--CommentsClose CommentsPermalink
`(1) 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; andCommentsClose CommentsPermalink
`(2) a final report not later than 3 years following the date of enactment of such Act.CommentsClose CommentsPermalink
`(c) 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.'.CommentsClose CommentsPermalink
SEC. 404. GEARUP.
(a) Duration of Awards- Section 404A(b) (
(1) in paragraph (2)(B), by striking `Higher Education Amendments of 1998' and inserting `College Access and Opportunity Act of 2006'; andCommentsClose CommentsPermalink
(2) by adding at the end thereof the following new paragraph:CommentsClose CommentsPermalink
`(3) 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.'.CommentsClose CommentsPermalink
(b) Continuing Eligibility- Section 404A (
`(d) 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).'.CommentsClose CommentsPermalink
(c) Foster Care Coordination- Section 404B(c) (20U.S.C. 1070a-22(c)) is amended by adding at the end the following new sentence:CommentsClose CommentsPermalink
`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.'.CommentsClose CommentsPermalink
(d) Continuity of Service-CommentsClose CommentsPermalink
(1) COHORT APPROACH- Section 404B(g)(1)(B) (
(2) EARLY INTERVENTION- Section 404D (
(A) in subsection (a)(1)(B)--CommentsClose CommentsPermalink
(i) by striking `and' at the end of clause (ii);CommentsClose CommentsPermalink
(ii) by striking the period at the end of clause (iii) and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(iv) 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.';CommentsClose CommentsPermalink
(B) 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'; andCommentsClose CommentsPermalink
(C) in subsection (c), by inserting `, and may consider students in their first year of attendance at an eligible institution,' after `grade 12'.CommentsClose CommentsPermalink
(e) Coordination- Section 404C(a)(2) (
(1) by striking `and' at the end of subparagraph (A);CommentsClose CommentsPermalink
(2) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
`(B) describe activities for coordinating, complementing, and enhancing services under this chapter provided by other eligible entities in the State; and'.CommentsClose CommentsPermalink
(f) Education and Counseling Services- Section 404D(b)(2)(A)(ii) (
(g) Uses of Funds-CommentsClose CommentsPermalink
(1) PERMISSIBLE ACTIVITIES- Section 404D(b)(2) is further amended by adding at the end of the following new subparagraphs:CommentsClose CommentsPermalink
`(F) Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities.CommentsClose CommentsPermalink
`(G) 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.'.CommentsClose CommentsPermalink
(2) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES- Section 404D(b) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES- In meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter may, in addition to the activities authorized by paragraph (2), use funds to providing technical assistance to--CommentsClose CommentsPermalink
`(A) middle schools or secondary schools that are located within the State; orCommentsClose CommentsPermalink
`(B) partnerships described in section 404A(c)(2) that are located within the State.'.CommentsClose CommentsPermalink
(h) Homeless and Unaccompanied Youth- Section 404D is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) 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.'.CommentsClose CommentsPermalink
(i) Reauthorization- Section 404H (
SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS.
(a) Authorization of Appropriations- Section 413A(b)(1) (
(b) Priority of Awards- Paragraph (2) of section 413C(c) (
`(2) 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--CommentsClose CommentsPermalink
`(A) will give a priority for supplemental grants under this subpart to students who receive Pell Grants and meet the requirements of section 484; andCommentsClose CommentsPermalink
`(B) 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.'.CommentsClose CommentsPermalink
(c) Eligibility for Additional Allocations- Section 413D(a)(4) (
`(B) An otherwise eligible institution may receive a portion of the allocation described in subparagraph (A) if--CommentsClose CommentsPermalink
`(i) not less than 10 percent of the undergraduate, degree- or certificate-seeking students attending the institution receive Federal Pell Grants; andCommentsClose CommentsPermalink
`(ii)(I) 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)); orCommentsClose CommentsPermalink
`(II) 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)).'.CommentsClose CommentsPermalink
(d) Books and Supplies- Section 413D(c)(3)(D) (
SEC. 406. LEAP.
Section 415A(b)(1) (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 407. HEP/CAMP PROGRAM.
Section 418A (
(1) in subsection (b)(1)(B)(i), by inserting `, or whose spouse' after `themselves';CommentsClose CommentsPermalink
(2) in subsection (b)(3)(B), by inserting `, including preparation for college entrance exams' after `program';CommentsClose CommentsPermalink
(3) in subsection (b)(8), by inserting `, including child care and transportation' after `supportive services';CommentsClose CommentsPermalink
(4) 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:CommentsClose CommentsPermalink
`(9) 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.';CommentsClose CommentsPermalink
(5) in subsection (c)(1)(A), by inserting `, or whose spouse' after `themselves';CommentsClose CommentsPermalink
(6) in subsection (c)(1)(B), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink
`(i) personal, academic, career, and economic education or personal finance counseling as an ongoing part of the program;';CommentsClose CommentsPermalink
(7) in subsection (c)(2)(B), by inserting `(including mentoring and guidance of such students)' after `services';CommentsClose CommentsPermalink
(8) 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:CommentsClose CommentsPermalink
`(C) 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.';CommentsClose CommentsPermalink
(9) in subsection (e), by striking `section 402A(c)(1)' and inserting `section 402A(c)(2)';CommentsClose CommentsPermalink
(10) in subsection (h)--CommentsClose CommentsPermalink
(A) 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'; andCommentsClose CommentsPermalink
(B) 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'; andCommentsClose CommentsPermalink
(11) by redesignating subsection (h) as subsections (i) and inserting before such subsection the following new subsection:CommentsClose CommentsPermalink
`(h) 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.'.CommentsClose CommentsPermalink
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
Subpart 6 of part A of title IV is amended to read as follows:CommentsClose CommentsPermalink
`Subpart 6--Robert C. Byrd American Competitiveness Program
`SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS SCHOLARSHIP PROGRAM.
`(a) 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.CommentsClose CommentsPermalink
`(b) Definitions- As used in this section--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) the term `eligible student' means a student who--CommentsClose CommentsPermalink
`(A) is a citizen of the United States;CommentsClose CommentsPermalink
`(B) is selected by the managing agent to receive a scholarship;CommentsClose CommentsPermalink
`(C) is enrolled full-time in an institution of higher education, other than a United States service academy; andCommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(3) 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;CommentsClose CommentsPermalink
`(4) 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;CommentsClose CommentsPermalink
`(5) 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;CommentsClose CommentsPermalink
`(6) 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; andCommentsClose CommentsPermalink
`(7) 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.CommentsClose CommentsPermalink
`(c) Award-CommentsClose CommentsPermalink
`(1)(A) 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.CommentsClose CommentsPermalink
`(B) The award under subparagraph (A) shall be for a five-year period.CommentsClose CommentsPermalink
`(2)(A) 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.CommentsClose CommentsPermalink
`(B) No Federal funds shall be used to provide more than 50 percent of the cost of any scholarship to an eligible student.CommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(3)(A) The secretary may establish--CommentsClose CommentsPermalink
`(i) eligibility criteria for applicants for managing agent, including criteria regarding financial and administrative capability; andCommentsClose CommentsPermalink
`(ii) operational standards for the managing agent, including management and performance requirements, such as audit, recordkeeping, record retention, and reporting procedures and requirements.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(4) If the managing agent fails to meet the requirements of this section the Secretary may terminate the award to the managing agent.CommentsClose CommentsPermalink
`(5) The Secretary shall conduct outreach efforts to help raise awareness of the Mathematics and Science Honors Scholarships.CommentsClose CommentsPermalink
`(d) Duties of the Managing Agent- The managing agent shall--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) 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;CommentsClose CommentsPermalink
`(3) solicit funds for scholarships and for the administration of the program from non-Federal sources;CommentsClose CommentsPermalink
`(4) solicit applicants for scholarships;CommentsClose CommentsPermalink
`(5) from the amounts in the Fund, award scholarships to eligible students and transfer such funds to the institutions of higher education that they attend;CommentsClose CommentsPermalink
`(6) 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; andCommentsClose CommentsPermalink
`(7) 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.CommentsClose CommentsPermalink
`(e) Applications-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) Each application shall include a description of--CommentsClose CommentsPermalink
`(A) how the applicant meets or will meet requirements established under subsections (c)(3)(A) and (d);CommentsClose CommentsPermalink
`(B) how the applicant will solicit funds for scholarships and for the administration of the program from non-Federal sources;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) how the applicant will solicit applications for scholarships, including how the applicant will balance efforts in urban and rural areas;CommentsClose CommentsPermalink
`(E) the selection criteria based on established measurements available to secondary students the applicant will use to award scholarships and to renew those awards;CommentsClose CommentsPermalink
`(F) how the applicant will inform the institution of higher education chosen by the recipient of the name and scholarship amount of the recipient;CommentsClose CommentsPermalink
`(G) 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;CommentsClose CommentsPermalink
`(H) the management (including audit and accounting) procedures the applicant will use for the program;CommentsClose CommentsPermalink
`(I) the human, financial, and other resources that the applicant will need and use to manage the program;CommentsClose CommentsPermalink
`(J) how the applicant will evaluate the program and report to the Secretary annually; andCommentsClose CommentsPermalink
`(K) a description of how the entity will coordinate with, complement, and build on similar public and private mathematics and science programs.CommentsClose CommentsPermalink
`(f) Scholarship Recipients-CommentsClose CommentsPermalink
`(1) A student receiving a scholarship under this section shall be known as a `Byrd Mathematics and Science Honors Scholar'.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(5) 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.CommentsClose CommentsPermalink
`(6)(A) Scholarships shall be awarded for only one academic year of study at a time.CommentsClose CommentsPermalink
`(B)(i) 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.CommentsClose CommentsPermalink
`(ii) The managing agent may condition renewal of a scholarship on measures of academic progress and achievement, with the approval of the Secretary.CommentsClose CommentsPermalink
`(C)(i) 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.CommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(iii) A student's eligibility for a scholarship shall be terminated if a suspension period exceeds 12 months.CommentsClose CommentsPermalink
`(D)(i)(I) 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.CommentsClose CommentsPermalink
`(II) Such a postponement or interruption shall not be considered a suspension for purposes of subparagraph (C).CommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(iii) 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).CommentsClose CommentsPermalink
`(g) Responsibilities of Institution of Higher Education-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) is eligible in accordance with subsection (b)(2); andCommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(2)(A) The managing agent shall provide the institution of higher education with payments from the Fund for selected recipients in at least two installments.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.
`(a) Program-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) ELIGIBILITY- The Secretary may assume interest payments under paragraph (1) only for a borrower who--CommentsClose CommentsPermalink
`(A) has submitted an application in compliance with subsection (d);CommentsClose CommentsPermalink
`(B) obtained one or more loans described in paragraph (1) as an undergraduate student;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) 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; andCommentsClose CommentsPermalink
`(E) 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.CommentsClose CommentsPermalink
`(3) PRIOR INTEREST LIMITATIONS- The Secretary shall not make any payments for interest that--CommentsClose CommentsPermalink
`(A) 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; orCommentsClose CommentsPermalink
`(B) has accrued prior to the signing of an agreement under paragraph (2)(E).CommentsClose CommentsPermalink
`(4) INITIAL SELECTION- In selecting participants for the program under this section, the Secretary--CommentsClose CommentsPermalink
`(A) shall choose among eligible applicants on the basis of--CommentsClose CommentsPermalink
`(i) 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; andCommentsClose CommentsPermalink
`(ii) the academic record or job performance of the applicant; andCommentsClose CommentsPermalink
`(B) may choose among eligible applicants on the basis of--CommentsClose CommentsPermalink
`(i) the likelihood of the applicant to complete the 5-year service obligation;CommentsClose CommentsPermalink
`(ii) the likelihood of the applicant to remain in science, mathematics, or engineering after the completion of the service requirement; orCommentsClose CommentsPermalink
`(iii) other relevant criteria determined by the Secretary.CommentsClose CommentsPermalink
`(5) 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.CommentsClose CommentsPermalink
`(6) REGULATIONS- The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink
`(b) 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--CommentsClose CommentsPermalink
`(1) the completion of the repayment period of the loan;CommentsClose CommentsPermalink
`(2) payment by the Secretary of a total of $5,000 on behalf of the borrower;CommentsClose CommentsPermalink
`(3) 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; orCommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(c) 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).CommentsClose CommentsPermalink
`(d) Application for Repayment-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(e) 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--CommentsClose CommentsPermalink
`(1) a loan made under section 428 or 428H of this Act; orCommentsClose CommentsPermalink
`(2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of this Act.CommentsClose CommentsPermalink
`(f) Prevention of Double Benefits- No borrower may, for the same service, receive a benefit under both this section and--CommentsClose CommentsPermalink
`(1) any loan forgiveness program under title IV of this Act; orCommentsClose CommentsPermalink
`(2) subtitle D of title I of the National and Community Service Act of 1990 (
`(g) Definitions- As used in this section--CommentsClose CommentsPermalink
`(1) the term `high need local educational agency' has the same meaning given such term in section 201(b)(4); andCommentsClose CommentsPermalink
`(2) the term `mathematics, science, or engineering professional' means a person who--CommentsClose CommentsPermalink
`(A) holds a baccalaureate, masters, or doctoral degree (or a combination thereof) in science, mathematics, or engineering; andCommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`SEC. 419C. ADJUNCT TEACHER CORPS.
`(a) 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.CommentsClose CommentsPermalink
`(b) 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.CommentsClose CommentsPermalink
`(c) Eligible Entity- For the purpose of this section, an eligible entity is--CommentsClose CommentsPermalink
`(1) a local educational agency;CommentsClose CommentsPermalink
`(2) a public or private educational organization (which may be a State educational agency); orCommentsClose CommentsPermalink
`(3) a partnership consisting of a local educational agency and a public or private educational organization.CommentsClose CommentsPermalink
`(d) Duration of Grants- The Secretary may award grants under this section for a period of not more than five years.CommentsClose CommentsPermalink
`(e) Priorities- In awarding grants under this section, the Secretary shall give priority to eligible entities that propose to--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) serve local educational agencies that have a large number or percentage of students from families with incomes below the poverty line; andCommentsClose CommentsPermalink
`(3) recruit adjunct faculty to serve in schools that have an insufficient number of teachers in mathematics, science, and critical foreign languages.CommentsClose CommentsPermalink
`(f) Applications-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) CONTENTS- The Application shall, at a minimum, include a description of--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) how the eligible entity will recruit qualified individuals and public or private educational organizations to participate in the program;CommentsClose CommentsPermalink
`(D) how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of its program;CommentsClose CommentsPermalink
`(E) 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;CommentsClose CommentsPermalink
`(F) 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; andCommentsClose CommentsPermalink
`(G) 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.CommentsClose CommentsPermalink
`(g) 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:CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) To provide signing bonuses and other financial incentives to encourage individuals to become adjunct teachers in mathematics, science, and critical foreign language courses.CommentsClose CommentsPermalink
`(3) To provide pre-service training to adjunct teachers, including the on-going mentoring of such teachers by highly qualified teachers.CommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(h) Matching Requirement- Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant.CommentsClose CommentsPermalink
`(i) 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.CommentsClose CommentsPermalink
`(j) 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.CommentsClose CommentsPermalink
`(k) Definitions- As used in this section:CommentsClose CommentsPermalink
`(1) ADJUNCT TEACHER- The term `adjunct teacher' means a teacher who--CommentsClose CommentsPermalink
`(A) possesses, at a minimum, a bachelor's degree;CommentsClose CommentsPermalink
`(B) 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; andCommentsClose CommentsPermalink
`(C) is not required to meet the other requirements of section 9101(23) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
`(2) CRITICAL FOREIGN LANGUAGE- The term `critical foreign language' has the same meaning given such term under section 428K(h).CommentsClose CommentsPermalink
`SEC. 419D. 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.'.CommentsClose CommentsPermalink
SEC. 409. CHILD CARE ACCESS.
Section 419N(g) (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
(a) Repeal- Subpart 8 of part A of title IV (
(b) Conforming Amendment- Section 400(b) (
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
SEC. 421. PLUS LOAN INTEREST RATES.
Paragraph (2) of section 427A(l) (
`(2) PLUS LOANS- Notwithstanding subsection (h), with respect to any loan under section 428B, the applicable rate of interest--CommentsClose CommentsPermalink
`(A) 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; andCommentsClose CommentsPermalink
`(B) 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.'.CommentsClose CommentsPermalink
SEC. 422. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.
Section 428K (
`SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.
`(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
`(1) to encourage highly trained individuals to enter and continue in service in areas of national need; andCommentsClose CommentsPermalink
`(2) to reduce the burden of student debt for Americans who dedicate their careers to service in areas of national need.CommentsClose CommentsPermalink
`(b) Program Authorized-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) 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); andCommentsClose CommentsPermalink
`(B) is not in default on a loan for which the borrower seeks forgiveness.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) REGULATIONS- The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink
`(c) Areas of National Need-CommentsClose CommentsPermalink
`(1) 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:CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) NURSES- An individual who is employed--CommentsClose CommentsPermalink
`(i) as a nurse in a clinical setting; orCommentsClose CommentsPermalink
`(ii) 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 (
`(C) FOREIGN LANGUAGE SPECIALISTS- An individual who has obtained a baccalaureate degree in a critical foreign language and is employed--CommentsClose CommentsPermalink
`(i) 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; orCommentsClose CommentsPermalink
`(ii) in an agency of the United States Government in a position that regularly requires the use of such critical foreign language.CommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(E) MEDICAL SPECIALISTS- An individual who--CommentsClose CommentsPermalink
`(i) 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); andCommentsClose CommentsPermalink
`(ii)(I) 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); orCommentsClose CommentsPermalink
`(II) has been accepted into, or currently participates in, a graduate medical education program or fellowship (or both) to provide health care services that--CommentsClose CommentsPermalink
`(aa) requires more than 5 years of total graduate medical training; andCommentsClose CommentsPermalink
`(bb) 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.CommentsClose CommentsPermalink
`(F) 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.CommentsClose CommentsPermalink
`(2) 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--CommentsClose CommentsPermalink
`(A) the national interest in the area is compelling;CommentsClose CommentsPermalink
`(B) the area suffers from a critical lack of qualified personnel; andCommentsClose CommentsPermalink
`(C) other Federal programs support the area concerned.CommentsClose CommentsPermalink
`(d) 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).CommentsClose CommentsPermalink
`(e) Construction- Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under section 428 or 428H.CommentsClose CommentsPermalink
`(f) 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 (
`(g) Ineligibility for Double Benefits- No borrower may receive a reduction of loan obligations under both this section and section 428J or 460.CommentsClose CommentsPermalink
`(h) Definitions- In this sectionCommentsClose CommentsPermalink
`(1) CHILD CARE FACILITY- The term `child care facility' means a facility, including a home, that--CommentsClose CommentsPermalink
`(A) provides for the education and care of children from birth through age 5; andCommentsClose CommentsPermalink
`(B) meets any applicable State or local government licensing, certification, approval, or registration requirements.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) 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--CommentsClose CommentsPermalink
`(A) a public or private school that may be supported, sponsored, supervised, or administered by a local educational agency;CommentsClose CommentsPermalink
`(B) a Head Start agency serving as a grantee designated under the Head Start Act (
`(C) a nonprofit or community based organization; orCommentsClose CommentsPermalink
`(D) a child care program, including a home.CommentsClose CommentsPermalink
`(5) 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.CommentsClose CommentsPermalink
`(6) NURSE- The term `nurse' means a nurse who meets all of the following:CommentsClose CommentsPermalink
`(A) The nurse graduated from an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (
`(B) 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 (
`(C) The nurse holds one or more of the following:CommentsClose CommentsPermalink
`(i) A graduate degree in nursing, or an equivalent degree.CommentsClose CommentsPermalink
`(ii) A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (
`(iii) A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act (
`(iv) A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act (
`(7) SPEECH-LANGUAGE PATHOLOGIST- The term `speech-language pathologist' means a speech-language pathologist who meets all of the following:CommentsClose CommentsPermalink
`(A) 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; andCommentsClose CommentsPermalink
`(B) the speech-language pathologist meets or exceeds the qualifications as defined in section 1861(ll) of the Social Security Act (
`(i) 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.'.CommentsClose CommentsPermalink
SEC. 423. ADDITIONAL ADMINISTRATIVE PROVISIONS.
(a) Repayment Plans- Section 428(b)(9)(A) (
(b) Additional Clarification on Inducements, Payments, Mailings, and Advertising by Guaranty Agencies- Section 428(b) (
`(3) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, AND ADVERTISING- A guaranty agency shall not--CommentsClose CommentsPermalink
`(A) offer, directly or indirectly, premiums, payments, stock or other securities, prizes, travel, entertainment expenses, tuition repayment, or other inducements to--CommentsClose CommentsPermalink
`(i) any institution of higher education or the employees of an institution of higher education in order to secure applicants for loans made under this part; orCommentsClose CommentsPermalink
`(ii) any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, in order to administer or market loans made under this part (other than a loan made under section 428H or a loan made as part of the guaranty agency's lender-of-last-resort program pursuant to section 439(q)) for the purpose of securing the designation of the guaranty agency as the insurer of such loans;CommentsClose CommentsPermalink
`(B) conduct unsolicited mailings, by postal or electronic means, of educational loan application forms to students enrolled in secondary school or postsecondary educational institutions, or to the parents of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans guaranteed under this part by the guaranty agency;CommentsClose CommentsPermalink
`(C) perform, for an institution of higher education participating in a program under this title, any function that the institution is required to perform under part B, D, or G;CommentsClose CommentsPermalink
`(D) pay, on behalf of the institution of higher education, another person to perform any function that the institution of higher education is required to perform under part B, D, or G; orCommentsClose CommentsPermalink
`(E) conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions.CommentsClose CommentsPermalink
It shall not be a violation of this paragraph for a guaranty agency to provide technical assistance to institutions of higher education comparable to the technical assistance provided to institutions of higher education by the Department.'.CommentsClose CommentsPermalink
(c) Counting of Consolidation Loans Against Limits-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 428C(a)(3)(B) (
`(ii) 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).'.CommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
(d) Voluntary Flexible Agreements- Section 428A(c) (
`(3) 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).'.CommentsClose CommentsPermalink
(e) Financial and Economic Literacy-CommentsClose CommentsPermalink
(1) DEFAULT REDUCTION PROGRAM- Section 428F is amended by adding at the end the following:CommentsClose CommentsPermalink
`(c) Financial and Economic Literacy- Where appropriate, each program described under subsection (b) shall include making available financial and economic education materials for the borrower.'.CommentsClose CommentsPermalink
(2) PROGRAM ASSISTANCE FOR BORROWERS- Section 432(k)(1) (
(f) Credit Bureau Organization Agreements- Section 430A(a) (
(g) Default Reduction Management- Section 432 is further amended--CommentsClose CommentsPermalink
(1) by striking subsection (n); andCommentsClose CommentsPermalink
(2) by redesignating subsections (o) and (p) as subsections (n) and (o), respectively.CommentsClose CommentsPermalink
(h) Definition of Eligible Lender- Section 435(d)(5) (
(1) by redesignating subparagraphs (C) and (D) as subparagraphs (H) and (I), respectively; andCommentsClose CommentsPermalink
(2) by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(E) 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;CommentsClose CommentsPermalink
`(F) 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;CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) is also employed by the lender for other purposes; andCommentsClose CommentsPermalink
`(ii) made all appropriate disclosures regarding such employment;'.CommentsClose CommentsPermalink
(i) Student Loan Information- Section 435(m) (
`(5) STUDENT LOAN INFORMATION-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) 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.'.CommentsClose CommentsPermalink
(j) Disability Determinations- Section 437(a) (
(k) Treatment of Falsely Certified Borrowers- Section 437(c)(1) (
(l) Additional Technical Amendments-CommentsClose CommentsPermalink
(1) Section 428(a)(2)(A) (
(A) by striking `and' at the end of subclause (II) of clause (i); andCommentsClose CommentsPermalink
(B) by moving the margin of clause (iii) two ems to the left.CommentsClose CommentsPermalink
(2) Section 428G(e) (
SEC. 424. ELIMINATION OF AUCTION.
Part I of title IV (as added by section 701 of the College Cost Reduction and Access Act) is repealed.CommentsClose CommentsPermalink
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 441. AUTHORIZATION OF APPROPRIATIONS.
Section 441(b) (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 442. COMMUNITY SERVICE.
Section 441(c)(1) (
SEC. 443. ALLOCATION OF FUNDS.
(a) Eligibility for Additional Allocations- Section 442(a)(4) (
`(B) An otherwise eligible institution may receive a portion of the allocation described in subparagraph (A) if--CommentsClose CommentsPermalink
`(i) not less than 10 percent of the students attending the institution receive Federal Pell Grants; andCommentsClose CommentsPermalink
`(ii)(I) 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)); orCommentsClose CommentsPermalink
`(II) 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)).'.CommentsClose CommentsPermalink
(b) 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 (
SEC. 444. BOOKS AND SUPPLIES.
Section 442(c)(4)(D) (
SEC. 445. JOB LOCATION AND DEVELOPMENT.
Section 446(a)(1) (
(1) by striking `10 percent or $50,000' and inserting `15 percent or $75,000'; andCommentsClose CommentsPermalink
(2) 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'.CommentsClose CommentsPermalink
SEC. 446. WORK COLLEGES.
Section 448 (
(1) by striking `work-learning' each place it appears and inserting `work-learning-service';CommentsClose CommentsPermalink
(2) by amending subparagraph (C) of subsection (e)(1) to read as follows:CommentsClose CommentsPermalink
`(C) 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';CommentsClose CommentsPermalink
(3) by amending paragraph (2) of subsection (e) to read as follows:CommentsClose CommentsPermalink
`(2) the term `comprehensive student work-learning-service program'--CommentsClose CommentsPermalink
`(A) means a student work-learning-service program that is an integral and stated part of the institution's educational philosophy and program;CommentsClose CommentsPermalink
`(B) requires participation of all resident students for enrollment and graduation;CommentsClose CommentsPermalink
`(C) includes learning objectives, evaluation, and a record of work performance as part of the student's college record;CommentsClose CommentsPermalink
`(D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs;CommentsClose CommentsPermalink
`(E) recognizes the educational role of work-learning-service supervisors; andCommentsClose CommentsPermalink
`(F) includes consequences for nonperformance or failure in the work-learning-service program similar to the consequences for failure in the regular academic program.'; andCommentsClose CommentsPermalink
(4) 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'.CommentsClose CommentsPermalink
SEC. 447. WORK ASSISTANCE FOR STUDENTS IN COMPREHENSIVE POSTSECONDARY PROGRAMS FOR STUDENTS WITH MENTAL RETARDATION.
(a) Amendment- Part C of title IV (
`SEC. 449. WORK ASSISTANCE FOR STUDENTS IN COMPREHENSIVE POSTSECONDARY PROGRAMS FOR STUDENTS WITH MENTAL RETARDATION.
`(a) 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.CommentsClose CommentsPermalink
`(b) Program Authority- (1) 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.CommentsClose CommentsPermalink
`(2)(A) Notwithstanding any other provisions of this Act, the following requirements do not apply to students seeking work assistance under this section:CommentsClose CommentsPermalink
`(i) Student eligibility requirements relating to enrollment in a program leading to a recognized education credential under section 484(a)(1).CommentsClose CommentsPermalink
`(ii) Satisfactory progress requirements under sections 484(a)(2) and (c).CommentsClose CommentsPermalink
`(iii) Student eligibility requirements relating to the satisfaction of secondary education standards under section 484(d).CommentsClose CommentsPermalink
`(iv) Determination of need in accordance with part F.CommentsClose CommentsPermalink
`(v) 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.CommentsClose CommentsPermalink
`(vi) Any reporting requirements that the Secretary may specify.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(c) 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--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) 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;CommentsClose CommentsPermalink
`(3) the maximum dollar amount of assistance that the institution may award to a student in the program; andCommentsClose CommentsPermalink
`(4) a requirement that the Federal share of the compensation of a student in the program shall not exceed 75 percent.CommentsClose CommentsPermalink
`(d) Definitions- For the purpose of this section:CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) includes an advising and curriculum structure; andCommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) SATISFACTORY PROGRESS- A student with mental retardation enrolled in a comprehensive postsecondary program for students with mental retardation is maintaining satisfactory progress if--CommentsClose CommentsPermalink
`(A) 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; andCommentsClose CommentsPermalink
`(B) the institution determines that the student is meeting or exceeding the program requirements and adequately progressing toward program completion.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall be effective for academic year 2008-2009 and succeeding academic years.CommentsClose CommentsPermalink
PART D--FEDERAL DIRECT LOAN PROGRAM
SEC. 451. INCOME CONTINGENT REPAYMENT.
Section 455(e)(2) (
PART E--FEDERAL PERKINS LOAN PROGRAM
SEC. 461. REAUTHORIZATION OF PROGRAM.
(a) Program Authorization-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- Section 461(b) (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(ii) by striking `4 succeeding' and inserting `5 succeeding'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `2003' each place it appears and inserting `2014'.CommentsClose CommentsPermalink
(2) FEDERAL CAPITAL CONTRIBUTION RECOVERY- Section 466 (
(A) by striking `2004' each place it appears in subsections (a) and (c) and inserting `2014';CommentsClose CommentsPermalink
(B) by striking `2003' each place it appears in subsections (a) and (b), and inserting `2013'; andCommentsClose CommentsPermalink
(C) by striking `2012' in subsection (b) and inserting `2014'.CommentsClose CommentsPermalink
(b) Books and Supplies- Section 462(c)(4)(D) (
SEC. 462. LOAN TERMS AND CONDITIONS.
(a) Loan Limits- Section 464(a) (
(1) in paragraph (2)(A)--CommentsClose CommentsPermalink
(A) by striking `$4,000' in clause (i) and inserting `$5,500'; andCommentsClose CommentsPermalink
(B) by striking `$6,000' in clause (ii) and inserting `$8,000'; andCommentsClose CommentsPermalink
(2) in paragraph (2)(B)--CommentsClose CommentsPermalink
(A) by striking `$40,000' in clause (i) and inserting `$60,000';CommentsClose CommentsPermalink
(B) by striking `$20,000' in clause (ii) and inserting `$27,500'; andCommentsClose CommentsPermalink
(C) by striking `$8,000' in clause (iii) and inserting `$11,000'.CommentsClose CommentsPermalink
(b) Forbearance- Section 464(e) (
(c) Special Repayment Rule- Paragraph (2) of section 464(f) is amended to read as follows:CommentsClose CommentsPermalink
`(2) No compromise repayment of a defaulted loan as authorized by paragraph (1) may be made unless agreed to by the Secretary.'.CommentsClose CommentsPermalink
(d) Rehabilitation- Section 464(h)(1)(A) (
SEC. 463. LOAN CANCELLATION.
Section 465(a)(3)(A) (
(1) by inserting `(D),' after `subparagraph (A), (C),' in clause (i);CommentsClose CommentsPermalink
(2) by inserting `or' after the semicolon at the end of clause (ii);CommentsClose CommentsPermalink
(3) by striking clause (iii); andCommentsClose CommentsPermalink
(4) by redesignating clause (iv) as clause (iii).CommentsClose CommentsPermalink
SEC. 464. TECHNICAL AMENDMENTS.
Part E is further amended as follows:CommentsClose CommentsPermalink
(1) Section 462(g)(1)(E)(i)(I) (
(2) Section 464(c)(1)(D) (
(3) Section 465(a)(2) (
(4) Section 467(b) (
(5) Section 469(c) (
(A) by striking `sections 602 and 632' and inserting `sections 602(3) and 632(5)';CommentsClose CommentsPermalink
(B) by striking `qualified professional provider of early intervention services' and inserting `early intervention services'; andCommentsClose CommentsPermalink
(C) by striking `section 672(2)' and inserting `section 632(4)'.CommentsClose CommentsPermalink
PART F--NEED ANALYSIS
SEC. 471. SIGNIFICANTLY SIMPLIFYING THE STUDENT AID APPLICATION PROCESS.
(a) Improvements to Paper and Electronic Forms-CommentsClose CommentsPermalink
(1) COMMON FINANCIAL AID FORM DEVELOPMENT AND PROCESSING- Section 483(a) (
(A) by striking paragraphs (1), (2), and (5);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (3), (4), (6), and (7), as paragraphs (9), (10), (11), and (12), respectively;CommentsClose CommentsPermalink
(C) by inserting before paragraph (9), as redesignated by subparagraph (B), the following:CommentsClose CommentsPermalink
`(1) 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'.CommentsClose CommentsPermalink
`(2) EARLY ESTIMATES-CommentsClose CommentsPermalink
`(A) 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).CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) REPORT- The Secretary shall provide a report to the authorizing committees on the results of the evaluation.CommentsClose CommentsPermalink
`(3) PAPER FORMAT-CommentsClose CommentsPermalink
`(A) 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).CommentsClose CommentsPermalink
`(B) EZ FAFSA-CommentsClose CommentsPermalink
`(i) 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).CommentsClose CommentsPermalink
`(ii) 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).CommentsClose CommentsPermalink
`(iii) 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.CommentsClose CommentsPermalink
`(iv) 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).CommentsClose CommentsPermalink
`(v) TESTING- The Secretary shall conduct appropriate field testing on the form under this subparagraph.CommentsClose CommentsPermalink
`(C) PROMOTING THE USE OF ELECTRONIC FAFSA-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
`(I) develop a form that uses skip logic to simplify the application process for applicants; andCommentsClose CommentsPermalink
`(II) make all efforts to encourage applicants to utilize the electronic forms described in paragraph (4).CommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(iii) 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.CommentsClose CommentsPermalink
`(4) ELECTRONIC FORMAT-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB-CommentsClose CommentsPermalink
`(i) 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.CommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(iii) 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.CommentsClose CommentsPermalink
`(iv) 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).CommentsClose CommentsPermalink
`(v) TESTING- The Secretary shall conduct appropriate field testing on the forms developed under this subparagraph.CommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(E) PRIVACY- The Secretary shall ensure that data collection under this paragraph complies with
`(F) 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.CommentsClose CommentsPermalink
`(5) STREAMLINING-CommentsClose CommentsPermalink
`(A) STREAMLINED REAPPLICATION PROCESS-CommentsClose CommentsPermalink
`(i) 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--CommentsClose CommentsPermalink
`(I) in the academic year succeeding the year in which such applicant first applied for financial assistance under this title; orCommentsClose CommentsPermalink
`(II) in any succeeding academic years.CommentsClose CommentsPermalink
`(ii) MECHANISMS FOR REAPPLICATION- The Secretary shall develop appropriate mechanisms to support reapplication.CommentsClose CommentsPermalink
`(iii) 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.CommentsClose CommentsPermalink
`(iv) 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.CommentsClose CommentsPermalink
`(v) 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.CommentsClose CommentsPermalink
`(B) REDUCTION OF DATA ELEMENTS-CommentsClose CommentsPermalink
`(i) 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.CommentsClose CommentsPermalink
`(ii) REPORT- The Secretary shall annually report to the House of Representatives and the Senate on the progress made of reducing data elements.CommentsClose CommentsPermalink
`(6) STATE REQUIREMENTS-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(D) FEDERAL REGISTER NOTICE- The Secretary shall publish on an annual basis a notice in the Federal Register requiring State agencies to inform the Secretary--CommentsClose CommentsPermalink
`(i) if the State agency is unable to permit applicants to utilize the simplified application forms described in paragraphs (3)(B) and (4)(C); andCommentsClose CommentsPermalink
`(ii) of the State-specific data that the State agency requires for delivery of State need-based financial aid.CommentsClose CommentsPermalink
`(E) STATE NOTIFICATION TO THE SECRETARY-CommentsClose CommentsPermalink
`(i) IN GENERAL- Each State agency shall notify the Secretary--CommentsClose CommentsPermalink
`(I) 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; andCommentsClose CommentsPermalink
`(II) the State-specific data that the State agency requires for delivery of State need-based financial aid.CommentsClose CommentsPermalink
`(ii) 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--CommentsClose CommentsPermalink
`(I) 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; andCommentsClose CommentsPermalink
`(II) 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.CommentsClose CommentsPermalink
`(iii) LACK OF NOTIFICATION BY THE STATE- If a State does not notify the Secretary pursuant to clause (i), the Secretary shall--CommentsClose CommentsPermalink
`(I) permit residents of that State to complete simplified application forms under paragraphs (3)(B) and paragraph (4)(C) of this subsection; andCommentsClose CommentsPermalink
`(II) not require any resident of that State to complete any data previously required by that State under this section.CommentsClose CommentsPermalink
`(7) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS PROHIBITED-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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--CommentsClose CommentsPermalink
`(i) the FAFSA is a free Federal student aid application;CommentsClose CommentsPermalink
`(ii) the FAFSA can be completed without professional assistance; andCommentsClose CommentsPermalink
`(iii) includes the current Internet address for the FAFSA on the Department's web site.CommentsClose CommentsPermalink
`(8) 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.'.CommentsClose CommentsPermalink
(2) MASTER CALENDAR- Section 482(a)(1)(B) (
`(B) 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;'.CommentsClose CommentsPermalink
(b) Increasing Access to Technology- Section 483 (
`(f) 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).'.CommentsClose CommentsPermalink
SEC. 472. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.
Section 479A(a) (
(1) by striking `(a) In General- ' and inserting the following:CommentsClose CommentsPermalink
`(a) Authority To Make Adjustments-CommentsClose CommentsPermalink
`(1) ADJUSTMENTS FOR SPECIAL CIRCUMSTANCES- ';CommentsClose CommentsPermalink
(2) by inserting before `Special circumstances may' the following:CommentsClose CommentsPermalink
`(2) SPECIAL CIRCUMSTANCES DEFINED- ';CommentsClose CommentsPermalink
(3) 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,';CommentsClose CommentsPermalink
(4) by inserting before `Adequate documentation' the following:CommentsClose CommentsPermalink
`(3) DOCUMENTATION AND USE OF SUPPLEMENTARY INFORMATION- '; andCommentsClose CommentsPermalink
(5) by inserting before `No student' the following:CommentsClose CommentsPermalink
`(4) FEES FOR SUPPLEMENTARY INFORMATION PROHIBITED- '.CommentsClose CommentsPermalink
PART G--GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL ASSISTANCE
SEC. 481. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR PELL GRANTS.
Section 483(a) (
`(13) 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 (
SEC. 482. STUDENT ELIGIBILITY.
(a) Technical Amendment- Section 484(b)(5) (
(b) Republic of Palau- Section 484 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (4), by striking `the Republic of the Marshall Islands, the Federated States of Micronesia, or'; andCommentsClose CommentsPermalink
(B) 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'; andCommentsClose CommentsPermalink
(2) by amending subsection (j) to read as follows:CommentsClose CommentsPermalink
`(j) 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--CommentsClose CommentsPermalink
`(1) 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; orCommentsClose CommentsPermalink
`(2) 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.'.CommentsClose CommentsPermalink
SEC. 483. INSTITUTIONAL REFUNDS.
Section 484B(a)(1) (
SEC. 484. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.
(a) Information Dissemination Activities- Section 485(a)(1) (
(1) 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).';CommentsClose CommentsPermalink
(2) by amending subparagraph (G) to read as follows:CommentsClose CommentsPermalink
`(G) the academic programs of the institution, including--CommentsClose CommentsPermalink
`(i) the current degree programs and other educational and training programs;CommentsClose CommentsPermalink
`(ii) the institution's educational mission and goals;CommentsClose CommentsPermalink
`(iii) the instructional, laboratory, and other physical plant facilities which relate to the academic programs; andCommentsClose CommentsPermalink
`(iv) the faculty and other instructional personnel;';CommentsClose CommentsPermalink
(3) by striking subparagraph (L) and inserting the following:CommentsClose CommentsPermalink
`(L) a summary of student outcomes for full-time undergraduate students, including--CommentsClose CommentsPermalink
`(i) the completion or graduation rates of certificate- or degree-seeking undergraduate students entering such institutions; andCommentsClose CommentsPermalink
`(ii) 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;';CommentsClose CommentsPermalink
(4) 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';CommentsClose CommentsPermalink
(5) 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';CommentsClose CommentsPermalink
(6) by striking `and' at the end of subparagraph (N);CommentsClose CommentsPermalink
(7) by striking the period at the end of subparagraph (O) and inserting a semicolon; andCommentsClose CommentsPermalink
(8) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(P) the penalties contained in subsection 484(r) regarding suspension of eligibility for drug related offenses;CommentsClose CommentsPermalink
`(Q) 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--CommentsClose CommentsPermalink
`(i) 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;CommentsClose CommentsPermalink
`(ii) limit the application of the General Education Provisions Act; orCommentsClose CommentsPermalink
`(iii) create any legally enforceable right; andCommentsClose CommentsPermalink
`(R) policies and sanctions related to copyright infringement, including--CommentsClose CommentsPermalink
`(i) 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;CommentsClose CommentsPermalink
`(ii) a summary of the penalties for violation of copyright law under the United States Code;CommentsClose CommentsPermalink
`(iii) 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; andCommentsClose CommentsPermalink
`(iv) 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.'.CommentsClose CommentsPermalink
(b) Additional Amendments- Section 485(a) is further amended by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink
`(6) 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.CommentsClose CommentsPermalink
`(7) 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.'.CommentsClose CommentsPermalink
(c) Exit Counseling- Section 485(b) (
`(3) 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--CommentsClose CommentsPermalink
`(A) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;CommentsClose CommentsPermalink
`(B) the effects of consolidation on a borrower's underlying loan benefits, including loan forgiveness, cancellation, and deferment;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) the tax benefits for which the borrower may be eligible; andCommentsClose CommentsPermalink
`(E) the consequences of default.'.CommentsClose CommentsPermalink
(d) Campus Crime Information- Section 485(f)(1) (
(e) Disclosure of Fire Safety of Campus Buildings- Section 485 (
(1) in subsection (a)(1), by adding after subparagraph (Q) (as added by subsection (a)(8) of this section) the following new subparagraph:CommentsClose CommentsPermalink
`(R) the fire safety report prepared by the institution pursuant to subsection (h).'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(h) Disclosure of Fire Safety Standards and Measures-CommentsClose CommentsPermalink
`(1) 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:CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) For each such occurrence in each such facility, a summary of the human injuries or deaths, structural or property damage, or combination thereof.CommentsClose CommentsPermalink
`(D) 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.CommentsClose CommentsPermalink
`(E) Information about fire safety education and training provided to students, faculty, and staff.CommentsClose CommentsPermalink
`(F) 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--CommentsClose CommentsPermalink
`(i) information reported to the institution under paragraph (4); andCommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) 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--CommentsClose CommentsPermalink
`(A) review such statistics;CommentsClose CommentsPermalink
`(B) make copies of the statistics submitted to the Secretary available to the public; andCommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(5) 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.CommentsClose CommentsPermalink
`(6) DEFINITIONS- In this subsection, the term `campus' has the meaning provided in subsection (f)(6).'.CommentsClose CommentsPermalink
(f) Campus Based Digital Theft Prevention- Section 485 (
`(i) Campus Based Digital Theft Prevention-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) 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);CommentsClose CommentsPermalink
`(B) 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; andCommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(2) IDENTIFICATION- For purposes of carrying out the requirements of paragraph (1), the Secretary shall, on an annual basis, identify--CommentsClose CommentsPermalink
`(A) 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; andCommentsClose CommentsPermalink
`(B) 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).'.CommentsClose CommentsPermalink
SEC. 485. DISTANCE EDUCATION DEMONSTRATION PROGRAM.
(a) Eligible Applicants- Section 486(b)(3) (
(1) in subparagraph (B), by striking `section 102(a)(1)(C)' and inserting `section 102'; andCommentsClose CommentsPermalink
(2) 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'.CommentsClose CommentsPermalink
(b) Selection- Section 486(d)(1) (
(1) by striking `the third year' and inserting `subsequent years';CommentsClose CommentsPermalink
(2) by striking `35 institutions' and inserting `100 institutions'; andCommentsClose CommentsPermalink
(3) 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.'.CommentsClose CommentsPermalink
SEC. 486. COLLEGE AFFORDABILITY DEMONSTRATION PROGRAM.
Part G of title IV is amended by inserting after section 486 (
`SEC. 486A. COLLEGE AFFORDABILITY DEMONSTRATION PROGRAM.
`(a) Purpose- It is the purpose of this section--CommentsClose CommentsPermalink
`(1) 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; andCommentsClose CommentsPermalink
`(2) to help determine--CommentsClose CommentsPermalink
`(A) the most effective means of delivering student financial aid as well as quality education;CommentsClose CommentsPermalink
`(B) 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; andCommentsClose CommentsPermalink
`(C) the most effective methods of obtaining and managing institutional resources.CommentsClose CommentsPermalink
`(b) Demonstration Program Authorized-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) ELIGIBLE APPLICANTS-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) PROHIBITION- An institution of higher education described in section 102 shall not be eligible to participate in the demonstration program authorized under this section.CommentsClose CommentsPermalink
`(c) Application-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) CONTENTS OF APPLICATIONS- Each application for the college affordability demonstration program shall include at least the following:CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) a description of the innovation or innovations being proposed and the affected programs and students, including--CommentsClose CommentsPermalink
`(i) a description of any collaborative arrangements with other institutions or organizations to reduce costs;CommentsClose CommentsPermalink
`(ii) a description of any expected economic impact of participation in the program within the community in which the institution is located; andCommentsClose CommentsPermalink
`(iii) a description of any means the institution will employ to reduce the costs of instructional materials, such as textbooks;CommentsClose CommentsPermalink
`(C) a description of each regulatory or statutory requirement for which waivers are sought, with a reason for each waiver;CommentsClose CommentsPermalink
`(D) a description of the expected outcomes of the program changes proposed, including the estimated reductions in costs both for the institution and for students;CommentsClose CommentsPermalink
`(E) an assurance from each institution in a system or consortium of a commitment to fulfill its role as described in the application;CommentsClose CommentsPermalink
`(F) 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; andCommentsClose CommentsPermalink
`(G) any other information or assurances the Secretary may require.CommentsClose CommentsPermalink
`(d) Selection- In selecting institutions to participate in the demonstration program under this section, the Secretary shall take into account--CommentsClose CommentsPermalink
`(1) the number and quality of applications received, determined on the basis of the contents required by subsection (c)(2);CommentsClose CommentsPermalink
`(2) the Department's capacity to oversee and monitor each institution's participation;CommentsClose CommentsPermalink
`(3) an institution's--CommentsClose CommentsPermalink
`(A) financial responsibility;CommentsClose CommentsPermalink
`(B) administrative capability;CommentsClose CommentsPermalink
`(C) program or programs being offered via distance education, if applicable;CommentsClose CommentsPermalink
`(D) student completion rates; andCommentsClose CommentsPermalink
`(E) student loan default rates; andCommentsClose CommentsPermalink
`(4) the participation of a diverse group of institutions with respect to size, mission, and geographic distribution.CommentsClose CommentsPermalink
`(e) 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.CommentsClose CommentsPermalink
`(f) Evaluations and Reports-CommentsClose CommentsPermalink
`(1) EVALUATION- The Secretary shall evaluate the demonstration program authorized under this section on a biennial basis. Such evaluations specifically shall review--CommentsClose CommentsPermalink
`(A) the extent to which expected outcomes, including the estimated reductions in cost, were achieved;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) issues related to student financial assistance associated with the innovations undertaken;CommentsClose CommentsPermalink
`(D) effective technologies and alternative methodologies for delivering student financial assistance;CommentsClose CommentsPermalink
`(E) 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;CommentsClose CommentsPermalink
`(F) the extent to which students saved money by completing their postsecondary education sooner;CommentsClose CommentsPermalink
`(G) the extent to which the institution reduced its tuition and fees and its costs by participating in the demonstration program;CommentsClose CommentsPermalink
`(H) the extent to which any collaborative arrangements with other institutions or organizations have reduced the participating institution's costs; andCommentsClose CommentsPermalink
`(I) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) REPORTS- The Secretary shall provide a report to the authorizing committees on a biennial basis regarding--CommentsClose CommentsPermalink
`(A) the demonstration program authorized under this section;CommentsClose CommentsPermalink
`(B) the results of the evaluations conducted under paragraph (1);CommentsClose CommentsPermalink
`(C) the cost savings to the Federal Government by the demonstration program authorized by this section; andCommentsClose CommentsPermalink
`(D) recommendations for changes to increase the efficiency and effective delivery of financial aid.CommentsClose CommentsPermalink
`(g) Oversight- In conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis--CommentsClose CommentsPermalink
`(1) 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));CommentsClose CommentsPermalink
`(2) provide technical assistance to institutions in their application to and participation in the demonstration program;CommentsClose CommentsPermalink
`(3) monitor fluctuations in the student population enrolled in the participating institutions or systems of institutions;CommentsClose CommentsPermalink
`(4) monitor changes in financial assistance provided at the institution; andCommentsClose CommentsPermalink
`(5) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities.CommentsClose CommentsPermalink
`(h) Termination of Authority- The authority of the Secretary under this section shall cease to be effective on October 1, 2012.'.CommentsClose CommentsPermalink
SEC. 487. PROGRAM PARTICIPATION AGREEMENTS.
(a) Refund Policies- Section 487(a) (
(1) in paragraph (16), by inserting `or other Federal, State, or local government funds' after `funds under this title' each place it appears;CommentsClose CommentsPermalink
(2) in paragraph (22), by striking `refund policy' and inserting `policy on the return of title IV funds'; andCommentsClose CommentsPermalink
(3) in paragraph (23)--CommentsClose CommentsPermalink
(A) by moving subparagraph (C) 2 em spaces to the left; andCommentsClose CommentsPermalink
(B) by adding after such subparagraph the following new subparagraph:CommentsClose CommentsPermalink
`(D) 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.'.CommentsClose CommentsPermalink
(b) Enforcing the 90/10 Rule-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 487(a) (
`(24) 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).'.CommentsClose CommentsPermalink
(2) IMPLEMENTATION- Section 487 is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Implementation of Non-Title IV Revenue Requirement-CommentsClose CommentsPermalink
`(1) 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:CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) institutional funds used to satisfy matching-fund requirements for programs under this title;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(E) institutional aid, as follows:CommentsClose CommentsPermalink
`(i) in the case of institutional loans, only the amount of loan repayments received during the fiscal year;CommentsClose CommentsPermalink
`(ii) 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; andCommentsClose CommentsPermalink
`(iii) in the case of tuition discounts, only those tuition discounts based upon the academic achievement or financial need of the students; andCommentsClose CommentsPermalink
`(F) 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--CommentsClose CommentsPermalink
`(i) conducted under the control of the institution;CommentsClose CommentsPermalink
`(ii) performed under the supervision of a member of the institution's faculty; andCommentsClose CommentsPermalink
`(iii) required to be performed by all students in a specific educational program at the institution.CommentsClose CommentsPermalink
`(2) 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:CommentsClose CommentsPermalink
`(A) 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).CommentsClose CommentsPermalink
`(B) 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).CommentsClose CommentsPermalink
`(3) 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.'.CommentsClose CommentsPermalink
(c) Reports on Disciplinary Proceedings-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 487(a) (
`(25) 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.'.CommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
(d) 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:CommentsClose CommentsPermalink
`(26) CODE OF CONDUCT-CommentsClose CommentsPermalink
`(A) IN GENERAL- The institution will establish, follow, and enforce a code of conduct regarding student loans that includes not less than the following:CommentsClose CommentsPermalink
`(i) 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.CommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(iii) 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.CommentsClose CommentsPermalink
`(iv) 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.CommentsClose CommentsPermalink
`(v) INTERACTION WITH BORROWERS- The institution will not--CommentsClose CommentsPermalink
`(I) for any first-time borrower, assign, through award packaging or other methods, the borrower's loan to a particular lender; andCommentsClose CommentsPermalink
`(II) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(27) PREFERRED LENDER LISTS-CommentsClose CommentsPermalink
`(A) 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--CommentsClose CommentsPermalink
`(i) clearly and fully disclose on the preferred lender list--CommentsClose CommentsPermalink
`(I) why the institution has included each lender as a preferred lender, especially with respect to terms and conditions favorable to the borrower; andCommentsClose CommentsPermalink
`(II) 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;CommentsClose CommentsPermalink
`(ii) ensure, through the use of the list provided by the Secretary under subparagraph (C), that--CommentsClose CommentsPermalink
`(I) there are not less than 3 lenders named on the preferred lending list that are not affiliates of each other; andCommentsClose CommentsPermalink
`(II) the preferred lender list--CommentsClose CommentsPermalink
`(aa) specifically indicates, for each lender on the list, whether the lender is or is not an affiliate of each other lender on the list; andCommentsClose CommentsPermalink
`(bb) if the lender is an affiliate of another lender on the list, describes the specifics of such affiliation; andCommentsClose CommentsPermalink
`(iii) establish a process to ensure that lenders are placed upon the preferred lender list on the basis of the benefits provided to borrowers, including --CommentsClose CommentsPermalink
`(I) highly competitive interest rates, terms, or conditions for loans made under part B;CommentsClose CommentsPermalink
`(II) high-quality customer service for such loans; orCommentsClose CommentsPermalink
`(III) additional benefits beyond the standard terms and conditions for such loans.CommentsClose CommentsPermalink
`(B) DEFINITION OF AFFILIATE; CONTROL-CommentsClose CommentsPermalink
`(i) 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.CommentsClose CommentsPermalink
`(ii) CONTROL- For purposes of subparagraph (A)(ii), a person has control over another person if--CommentsClose CommentsPermalink
`(I) 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;CommentsClose CommentsPermalink
`(II) the person controls, in any manner, the election of a majority of the directors or trustees of such other person; orCommentsClose CommentsPermalink
`(III) 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.CommentsClose CommentsPermalink
`(C) 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).'.CommentsClose CommentsPermalink
(e) Audit Requirements- Section 487(c)(1)(A)(i) (
(f) Enforcement of the Code of Conduct- Section 487 (
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
`(d) Violation of Code of Conduct Regarding Student Loans-CommentsClose CommentsPermalink
`(1) 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).CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
SEC. 488. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.
Part G is further amended as follows:CommentsClose CommentsPermalink
(1) Section 483(d) (
(2) Section 484 (
(A) in subsection (a)(4), by striking `certification,,' and inserting `certification,'; andCommentsClose CommentsPermalink
(B) in subsection (b)(2)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by striking `section 428A' and inserting `section 428H';CommentsClose CommentsPermalink
(ii) in subparagraph (A), by inserting `and' after the semicolon at the end thereof;CommentsClose CommentsPermalink
(iii) in subparagraph (B), by striking `; and' and inserting a period; andCommentsClose CommentsPermalink
(iv) by striking subparagraph (C).CommentsClose CommentsPermalink
(3) Section 484A(b)(2) (
(4) Section 485B(a) (
(A) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;CommentsClose CommentsPermalink
(B) by redesignating the paragraph (5) (as added by section 2008 of
(C) in paragraph (5) (as added by section 204(3) of the National Community Service Act of 1990 (
(i) by striking `(
(ii) by striking the period at the end thereof and inserting a semicolon.CommentsClose CommentsPermalink
(5) Section 487A(b) (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking `Higher Education Amendments of 1998' and inserting `College Access and Opportunity Act of 2007'; andCommentsClose CommentsPermalink
(ii) by striking the second sentence;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking `1993 through 1998' and inserting `1998 through 2006';CommentsClose CommentsPermalink
(ii) by striking `(as such section' and all that follows through `Amendments of 1998)'; andCommentsClose CommentsPermalink
(iii) by striking `Higher Education Amendments of 1998.' and inserting `College Access and Opportunity Act of 2007.'; andCommentsClose CommentsPermalink
(C) in paragraph (3)(A)--CommentsClose CommentsPermalink
(i) 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,'; andCommentsClose CommentsPermalink
(ii) 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'.CommentsClose CommentsPermalink
(6) Section 491(c) (
`(3) The appointment of members under subparagraphs (A) and (B) of paragraph (1) shall be effective upon publication of the appointment in the Congressional Record.'.CommentsClose CommentsPermalink
(7) Section 491(h)(1) (
(8) Section 491(k) (
(9) Section 493A (
(10) Section 498 (
(A) in subsection (c)(2), by striking `for profit,' and inserting `for-profit,'; andCommentsClose CommentsPermalink
(B) in subsection (d)(1)(B), by inserting `and' after the semicolon at the end thereof.CommentsClose CommentsPermalink
SEC. 489. PELL GRANT ELIGIBILITY PROVISION.
Section 484 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(s) 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--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) is in the junior or senior year of secondary school, and has not received any assistance under this title;CommentsClose CommentsPermalink
`(3) 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;CommentsClose CommentsPermalink
`(4) does not and will not participate in any secondary school course work during or after such program; andCommentsClose CommentsPermalink
`(5) 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.'.CommentsClose CommentsPermalink
PART H--PROGRAM INTEGRITY
SEC. 495. ACCREDITATION.
(a) Standards for Accreditation- Section 496(a) (
(1) in paragraph (2), by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
`(B) 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--CommentsClose CommentsPermalink
`(i) 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); orCommentsClose CommentsPermalink
`(ii) 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';CommentsClose CommentsPermalink
(2) in paragraph (4)--CommentsClose CommentsPermalink
(A) by inserting `(A)' after `(4)';CommentsClose CommentsPermalink
(B) 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';CommentsClose CommentsPermalink
(C) by inserting `and' after the semicolon at the end thereof; andCommentsClose CommentsPermalink
(D) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(B) 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--CommentsClose CommentsPermalink
`(i) 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; andCommentsClose CommentsPermalink
`(ii) 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;';CommentsClose CommentsPermalink
(3) in paragraph (5)--CommentsClose CommentsPermalink
(A) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink
`(A) 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;'; andCommentsClose CommentsPermalink
(B) by amending subparagraph (E) to read as follows:CommentsClose CommentsPermalink
`(E) 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;';CommentsClose CommentsPermalink
(4) by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink
`(6) 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--CommentsClose CommentsPermalink
`(A) adequate specification of requirements and deficiencies at the institution of higher education or program being examined;CommentsClose CommentsPermalink
`(B) an opportunity for a written response by any such institution to be included in the evaluation and withdrawal proceedings;CommentsClose CommentsPermalink
`(C) 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--CommentsClose CommentsPermalink
`(i) shall not include current members of the agency or association's underlying decision-making body that made the adverse decision; andCommentsClose CommentsPermalink
`(ii) is subject to a conflict of interest of policy; andCommentsClose CommentsPermalink
`(D) the right to representation by counsel for an such institution;'; andCommentsClose CommentsPermalink
(5) by striking paragraph (8) and inserting the following:CommentsClose CommentsPermalink
`(8) 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--CommentsClose CommentsPermalink
`(A) final denial, withdrawal, suspension, or termination of accreditation; andCommentsClose CommentsPermalink
`(B) any other final adverse action taken with respect to an institution.'.CommentsClose CommentsPermalink
(b) Operating Procedures- Section 496(c) (
(1) by inserting `(including those regarding distance education)' before the semicolon at the end of paragraph (1);CommentsClose CommentsPermalink
(2) by striking `and' at the end of paragraph (5);CommentsClose CommentsPermalink
(3) by striking the period at the end of paragraph (6) and inserting a semicolon; andCommentsClose CommentsPermalink
(4) by inserting after paragraph (6) the following new paragraphs:CommentsClose CommentsPermalink
`(7) 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);CommentsClose CommentsPermalink
`(8) 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;CommentsClose CommentsPermalink
`(9) develops a brief summary, available to the public, of final adverse actions in accordance with the requirements of subsection (a)(8);CommentsClose CommentsPermalink
`(10) monitors the enrollment growth of distance education to ensure that an institution experiencing significant growth has the capacity to serve its students effectively;CommentsClose CommentsPermalink
`(11) discloses publicly, on the agency's website or through other similar dissemination--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) a description of the agency's or association's process for selecting, preparing, and evaluating such individuals; andCommentsClose CommentsPermalink
`(C) any statements related to the accreditation responsibilities of such individuals; andCommentsClose CommentsPermalink
`(12) reviews the record of student complaints resulting from the student information process described in section 485(a)(1)(J).'.CommentsClose CommentsPermalink
(c) Limitation, Suspension, and Termination of Recognition- Section 496(l) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) 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.'.CommentsClose CommentsPermalink
(d) Program Review and Data- Section 498A(b) (
(1) by striking `and' at the end of paragraph (4);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (5) and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(6) 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;CommentsClose CommentsPermalink
`(7) review and take into consideration the institution's response in any final program review or audit determination, and include in the final determination--CommentsClose CommentsPermalink
`(A) a written statement addressing the institution's response and stating the basis for such final determination; andCommentsClose CommentsPermalink
`(B) a copy of the institution's statement in response, appropriately redacted to protect confidential information;CommentsClose CommentsPermalink
`(8) 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; andCommentsClose CommentsPermalink
`(9) 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.'.CommentsClose CommentsPermalink
SEC. 496. 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:CommentsClose CommentsPermalink
`SEC. 499. REPORT TO CONGRESS ON PREVENTION OF FRAUD AND ABUSE IN STUDENT FINANCIAL AID PROGRAMS.
`(a) 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.CommentsClose CommentsPermalink
`(b) Scope of Report- The study under this section shall thoroughly identify and address the following:CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) The extent to which existing protections against fraud and abuse under this Act are adequately enforced, and how enforcement should be strengthened.CommentsClose CommentsPermalink
`(4) Areas in which additional information is needed to assess the effectiveness of current protections and enforcement against fraud and abuse.CommentsClose CommentsPermalink
`(5) Existing policies and requirements under this Act aimed at fraud and abuse that are ineffective, hinder innovation, or could be eliminated without reducing effectiveness.CommentsClose CommentsPermalink
`(6) 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.CommentsClose CommentsPermalink
`(7) 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.CommentsClose CommentsPermalink
`(c) 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--CommentsClose CommentsPermalink
`(1) 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); andCommentsClose CommentsPermalink
`(2) include both the Secretary's and the Inspector General's comments on the report.'.CommentsClose CommentsPermalink
SEC. 497. 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:CommentsClose CommentsPermalink
`SEC. 499A. REPORT TO CONGRESS ON THE COMPLIANCE OF THE STUDENT AID APPLICATION PROCESS WITH THE REQUIREMENTS OF THE PAPERWORK REDUCTION ACT OF 1995.
`(a) 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 (
`(b) Scope- The study and report to the Congress under subsection (a) shall thoroughly identify and address the following:CommentsClose CommentsPermalink
`(1) 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).CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) Areas in which the electronic system can be improved to help facilitate a `one-stop shopping' goal for students seeking financial assistance.'.CommentsClose CommentsPermalink
TITLE V--DEVELOPING INSTITUTIONS
SEC. 501. DEFINITIONAL CHANGES.
Section 502(a) (
(1) in paragraph (5)--CommentsClose CommentsPermalink
(A) by inserting `and' after the semicolon at the end of subparagraph (A);CommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) by striking `at the time of application,'; andCommentsClose CommentsPermalink
(ii) by inserting `at the end of the award year immediately preceding the date of application' after `Hispanic students';CommentsClose CommentsPermalink
(C) by striking `; and' at the end of subparagraph (B) and inserting a period; andCommentsClose CommentsPermalink
(D) by striking subparagraph (C); andCommentsClose CommentsPermalink
(2) by striking paragraph (7).CommentsClose CommentsPermalink
SEC. 502. ASSURANCE OF ENROLLMENT OF NEEDY STUDENTS.
Section 511(c) (
(1) by striking paragraph (2);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (6) as so redesignated the following new paragraph:CommentsClose CommentsPermalink
`(7) contain such assurances as the Secretary may require that the institution has an enrollment of needy students as required by section 502(b);'.CommentsClose CommentsPermalink
SEC. 503. ADDITIONAL AMENDMENTS.
Title V is further amended--CommentsClose CommentsPermalink
(1) in section 502(a)(2)(A) (
`(v) which provides a program of not less than 2 years that is acceptable for full credit toward a bachelor's degree;';CommentsClose CommentsPermalink
(2) in section 503(b) (
(A) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2) 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.';CommentsClose CommentsPermalink
(B) by amending paragraph (12) to read as follows:CommentsClose CommentsPermalink
`(12) 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.';CommentsClose CommentsPermalink
(C) by redesignating paragraphs (5) through (14) as paragraphs (6) through (15), respectively; andCommentsClose CommentsPermalink
(D) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink
`(5) Education or counseling services designed to improve the financial literacy and economic literacy of students and, as appropriate, their parents.';CommentsClose CommentsPermalink
(3) in section 504(a) (
(A) by striking the following:CommentsClose CommentsPermalink
`(a) Award Period-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary' and inserting the following:CommentsClose CommentsPermalink
`(a) Award Period- The Secretary'; andCommentsClose CommentsPermalink
(B) by striking paragraph (2); andCommentsClose CommentsPermalink
(4) in section 514(c) (
SEC. 504. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Establishment of Program- Title V is amended--CommentsClose CommentsPermalink
(1) by redesignating part B as part C;CommentsClose CommentsPermalink
(2) by redesignating sections 511 through 518 as sections 521 through 528, respectively; andCommentsClose CommentsPermalink
(3) by inserting after section 505 (
`PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS
`SEC. 511. PURPOSES.
`The purposes of this part are--CommentsClose CommentsPermalink
`(1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; andCommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
`(a) 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.CommentsClose CommentsPermalink
`(b) Eligibility- For the purposes of this part, an `eligible institution' means an institution of higher education that--CommentsClose CommentsPermalink
`(1) is an eligible institution under section 502(a)(2); andCommentsClose CommentsPermalink
`(2) offers a postbaccalaureate certificate or degree granting program.CommentsClose CommentsPermalink
`SEC. 513. AUTHORIZED ACTIVITIES.
`Grants awarded under this part shall be used for one or more of the following activities:CommentsClose CommentsPermalink
`(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.CommentsClose CommentsPermalink
`(2) Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services.CommentsClose CommentsPermalink
`(3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials.CommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction.CommentsClose CommentsPermalink
`(6) Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services.CommentsClose CommentsPermalink
`(7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and degree offerings.CommentsClose CommentsPermalink
`(8) Other activities proposed in the application submitted pursuant to section 514 that--CommentsClose CommentsPermalink
`(A) contribute to carrying out the purposes of this part; andCommentsClose CommentsPermalink
`(B) are approved by the Secretary as part of the review and acceptance of such application.CommentsClose CommentsPermalink
`SEC. 514. APPLICATION AND DURATION.
`(a) 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.CommentsClose CommentsPermalink
`(b) Duration- Grants under this part shall be awarded for a period not to exceed 5 years.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not award more than one grant under this part in any fiscal year to any Hispanic-serving institution.'.CommentsClose CommentsPermalink
(b) Cooperative Arrangements- Section 524(a) (as redesignated by subsection (a)(2)) (
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 528 (as redesignated by section 504(a)(2) of this Act) (
`(a) Authorizations-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.'.CommentsClose CommentsPermalink
TITLE VI--TITLE VI AMENDMENTS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.
(a) Findings and Purposes- Section 601 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `post-Cold War' in paragraph (3);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;CommentsClose CommentsPermalink
(C) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) 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.'; andCommentsClose CommentsPermalink
(D) by inserting after paragraph (6) the following new paragraphs:CommentsClose CommentsPermalink
`(7) 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.CommentsClose CommentsPermalink
`(8) 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.';CommentsClose CommentsPermalink
(2) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) 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;';CommentsClose CommentsPermalink
(B) by inserting `and' after the semicolon at the end of subparagraph (E);CommentsClose CommentsPermalink
(C) by inserting after such subparagraph (E) the following new subparagraph:CommentsClose CommentsPermalink
`(F) to assist the national effort to educate and train citizens to participate in the efforts of homeland security;';CommentsClose CommentsPermalink
(3) in subsection (b)(2) strike `and' at the end;CommentsClose CommentsPermalink
(4) in subsection (b)(3)--CommentsClose CommentsPermalink
(A) by inserting `reinforce and' before `coordinate';CommentsClose CommentsPermalink
(B) by inserting `, and international business and trade competitiveness' before the period; andCommentsClose CommentsPermalink
(C) by striking the period at the end and inserting `and'; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
`(4) 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.'.CommentsClose CommentsPermalink
(b) Graduate and Undergraduate Language and Area Centers and Programs- Section 602(a) (
(1) in paragraph (1), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
`(A) 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--CommentsClose CommentsPermalink
`(i) comprehensive foreign language and area or international studies centers and programs; andCommentsClose CommentsPermalink
`(ii) a diverse network of undergraduate foreign language and area or international studies centers and programs.';CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `and' at the end of subparagraph (G);CommentsClose CommentsPermalink
(B) by striking the period at the end of subparagraph (H) and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (H) the following new subparagraphs:CommentsClose CommentsPermalink
`(I) supporting instructors of the less commonly taught languages;CommentsClose CommentsPermalink
`(J) 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; andCommentsClose CommentsPermalink
`(K) projects that support in students an understanding of science and technology in coordination with foreign language proficiency.'; andCommentsClose CommentsPermalink
(3) in paragraph (4)--CommentsClose CommentsPermalink
(A) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) 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.';CommentsClose CommentsPermalink
(B) in subparagraph (C), by striking `Programs of linkage or outreach' and inserting `Partnerships or programs of linkage and outreach';CommentsClose CommentsPermalink
(C) in subparagraph (E)--CommentsClose CommentsPermalink
(i) by striking `foreign area' and inserting `area studies';CommentsClose CommentsPermalink
(ii) by striking `of linkage and outreach'; andCommentsClose CommentsPermalink
(iii) by striking `(C), and (D)' and inserting `(D), and (E)';CommentsClose CommentsPermalink
(D) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; andCommentsClose CommentsPermalink
(E) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
`(C) 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.'.CommentsClose CommentsPermalink
(c) Language Resource Centers- Section 603(c) (
(d) Undergraduate International Studies and Foreign Language Programs- Section 604 (
(1) in subsection (a)(1), by striking `combinations' each place it appears and inserting `consortia';CommentsClose CommentsPermalink
(2) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) in subparagraph (B)(ii), by striking `teacher training' and inserting `teacher professional development';CommentsClose CommentsPermalink
(B) by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively;CommentsClose CommentsPermalink
(C) by inserting after subparagraph (H) the following new subparagraph:CommentsClose CommentsPermalink
`(I) 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;'; andCommentsClose CommentsPermalink
(D) 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';CommentsClose CommentsPermalink
(3) in subsection (a)(4)(B), by inserting `that demonstrates a need for a waiver or reduction' before the period at the end;CommentsClose CommentsPermalink
(4) in subsection (a)(6), by inserting `reflect the purposes of this part and' after `shall';CommentsClose CommentsPermalink
(5) in subsection (a)(8), by striking `may' and inserting `shall'; andCommentsClose CommentsPermalink
(6) by striking subsection (c).CommentsClose CommentsPermalink
(e) Research; Studies; Annual Report- Section 605(a) (
(f) Technological Innovation and Cooperation for Foreign Information Access- Section 606 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `or consortia of such institutions or libraries' and inserting `museums, or consortia of such entities';CommentsClose CommentsPermalink
(B) by striking `new'; andCommentsClose CommentsPermalink
(C) by inserting `from foreign sources' after `disseminate information';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by inserting `acquire and' before `facilitate access' in paragraph (1);CommentsClose CommentsPermalink
(B) by striking `new means of' in paragraph (3) and inserting `new means and standards for';CommentsClose CommentsPermalink
(C) by striking `and' at the end of paragraph (6);CommentsClose CommentsPermalink
(D) by striking the period at the end of paragraph (7) and by inserting a semicolon; andCommentsClose CommentsPermalink
(E) by inserting after paragraph (7) the following new paragraphs:CommentsClose CommentsPermalink
`(8) 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; andCommentsClose CommentsPermalink
`(9) to carry out other activities deemed by the Secretary to be consistent with the purposes of this section.'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) Special Rule- The Secretary may waive or reduce the required non-Federal share for institutions that--CommentsClose CommentsPermalink
`(1) are eligible to receive assistance under part A or B of title III or under title V; andCommentsClose CommentsPermalink
`(2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction.'.CommentsClose CommentsPermalink
(g) International and Foreign Language Studies- Part A of title VI (
(1) by redesignating sections 607 through 614 as sections 608 through 615, respectively; andCommentsClose CommentsPermalink
(2) by inserting after section 606 the following:CommentsClose CommentsPermalink
`SEC. 607. ADVANCING AMERICA THROUGH FOREIGN LANGUAGE PARTNERSHIPS.
`(a) Program Authorized-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(b) Definitions- As used in this section:CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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).CommentsClose CommentsPermalink
`(c) Applications-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) CONTENTS- Each application shall--CommentsClose CommentsPermalink
`(A) 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);CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) describe how the applicant will--CommentsClose CommentsPermalink
`(i) 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;CommentsClose CommentsPermalink
`(ii) 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; andCommentsClose CommentsPermalink
`(iii) 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; andCommentsClose CommentsPermalink
`(E) 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.CommentsClose CommentsPermalink
`(d) 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:CommentsClose CommentsPermalink
`(1) To recruit and develop teachers directly related to the purpose of this part at the elementary through high school levels.CommentsClose CommentsPermalink
`(2) 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).CommentsClose CommentsPermalink
`(e) Matching-CommentsClose CommentsPermalink
`(1) IN GENERAL-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) WAIVER- The Secretary may waive the requirement of subparagraph (A), in any fiscal year, if the Secretary determines that--CommentsClose CommentsPermalink
`(i) the application of the matching requirement will result in serious hardship for the grantee; orCommentsClose CommentsPermalink
`(ii) it will best serve the purpose of this program.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(f) Program Evaluation-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) REPORTS- The Secretary shall promptly report to Congress on the results of any program evaluation conducted under this subsection.'.CommentsClose CommentsPermalink
(h) Selection of Grant Recipients- Section 608(b) (
(1) by striking `objectives' and inserting `missions'; andCommentsClose CommentsPermalink
(2) 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.'.CommentsClose CommentsPermalink
(i) Equitable Distribution- Section 609(a) (
(j) Authorization of Appropriations- Section 611 (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
(k) Conforming Amendments-CommentsClose CommentsPermalink
(1) Sections 603(a) and 604(a)(5) (
(2) Section 613 (
(l) 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.CommentsClose CommentsPermalink
SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education- Section 613 (
(1) 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'; andCommentsClose CommentsPermalink
(2) in subsection (e), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) SPECIAL RULE- The Secretary may waive or reduce the required non-Federal share for institutions that--CommentsClose CommentsPermalink
`(A) are eligible to receive assistance under part A or B of title III or under title V; andCommentsClose CommentsPermalink
`(B) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.'.CommentsClose CommentsPermalink
(b) Education and Training Programs- Section 614 (
`(e) Special Rule- The Secretary may waive or reduce the required non-Federal share for institutions that--CommentsClose CommentsPermalink
`(1) are eligible to receive assistance under part A or B of title III or under title V; andCommentsClose CommentsPermalink
`(2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.'.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Section 615 (
(1) by striking `1999' each place it appears and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' each place it appears and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.
(a) Foreign Service Professional Development- Section 621 (
(1) by striking the heading of such section and inserting the following:CommentsClose CommentsPermalink
`SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.';
(2) 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.'; andCommentsClose CommentsPermalink
(3) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) An institution of higher education which serves substantial numbers of underrepresented students.'.CommentsClose CommentsPermalink
(b) Institutional Development- Section 622 (
(c) Study Abroad Program- Section 623(a) (
(d) Advanced Degree in International Relations- Section 624 (
(1) by striking `masters' in the heading of such section and inserting `advanced';CommentsClose CommentsPermalink
(2) 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'; andCommentsClose CommentsPermalink
(3) 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'.CommentsClose CommentsPermalink
(e) Internships- Section 625 (
(1) in subsection (a), by inserting after `1978,' the following: `Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions,';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by inserting `and' after the semicolon at the end of paragraph (2);CommentsClose CommentsPermalink
(B) by striking `; and' at the end of paragraph (3) and inserting a period; andCommentsClose CommentsPermalink
(C) by striking paragraph (4); andCommentsClose CommentsPermalink
(3) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink
`(c) 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'.'.CommentsClose CommentsPermalink
(f) Report- Section 626 (
(g) Authorization of Appropriations- Section 628 (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 604. EVALUATION, OUTREACH, AND DISSEMINATION.
Part D of title VI is amended by inserting after section 631 (
`SEC. 632. 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.'.CommentsClose CommentsPermalink
SEC. 605. ADVISORY BOARD.
Part D of title VI is amended by inserting after section 632 (as added by section 604) the following new section:CommentsClose CommentsPermalink
`SEC. 633. INTERNATIONAL HIGHER EDUCATION ADVISORY BOARD.
`(a) Establishment and Purpose-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) PURPOSE- The purpose of the International Advisory Board is--CommentsClose CommentsPermalink
`(A) to provide expertise in the area of national needs for proficiency in world regions, foreign languages, international affairs, and international business;CommentsClose CommentsPermalink
`(B) 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; andCommentsClose CommentsPermalink
`(C) 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.CommentsClose CommentsPermalink
`(b) 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.CommentsClose CommentsPermalink
`(c) Membership-CommentsClose CommentsPermalink
`(1) APPOINTMENT- The International Advisory Board shall have 7 members of whom--CommentsClose CommentsPermalink
`(A) 3 members shall be appointed by the Secretary;CommentsClose CommentsPermalink
`(B) 2 members shall be appointed by the Speaker of the House of Representatives, upon the recommendation of the Majority Leader and the Minority Leader; andCommentsClose CommentsPermalink
`(C) 2 members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the Majority Leader and the Minority Leader.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(d) Functions of the International Advisory Board-CommentsClose CommentsPermalink
`(1) 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--CommentsClose CommentsPermalink
`(A) review and comment upon the regulations for grants under this title;CommentsClose CommentsPermalink
`(B) 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;CommentsClose CommentsPermalink
`(C) 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;CommentsClose CommentsPermalink
`(D) 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;CommentsClose CommentsPermalink
`(E) 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;CommentsClose CommentsPermalink
`(F) 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;CommentsClose CommentsPermalink
`(G) 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; andCommentsClose CommentsPermalink
`(H) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(e) Operations of the Committee-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) 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.CommentsClose CommentsPermalink
`(5) QUORUM- A majority of the voting members of the International Advisory Board serving at the time of a meeting shall constitute a quorum.CommentsClose CommentsPermalink
`(6) CHAIR- The International Advisory Board shall elect a Chairman or Chairwoman from among the members of the International Advisory Board.CommentsClose CommentsPermalink
`(f) 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.CommentsClose CommentsPermalink
`(g) Personnel and Resources-CommentsClose CommentsPermalink
`(1) 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
`(2) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) ASSISTANCE FROM OTHER AGENCIES-CommentsClose CommentsPermalink
`(A) 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.CommentsClose CommentsPermalink
`(B) 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.CommentsClose CommentsPermalink
`(5) 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
`(h) 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.CommentsClose CommentsPermalink
`(i) 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.'.CommentsClose CommentsPermalink
SEC. 606. 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:CommentsClose CommentsPermalink
`SEC. 634. RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION.
`Each institution of higher education that receives a grant under this title shall assure that--CommentsClose CommentsPermalink
`(1) 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; andCommentsClose CommentsPermalink
`(2) no undue restrictions are placed upon students that seek employment with the United States Government or any agency thereof.CommentsClose CommentsPermalink
`SEC. 635. 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.'.CommentsClose CommentsPermalink
SEC. 607. 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:CommentsClose CommentsPermalink
`SEC. 636. NATIONAL STUDY OF FOREIGN LANGUAGE HERITAGE COMMUNITIES.
`(a) 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.CommentsClose CommentsPermalink
`(b) 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.CommentsClose CommentsPermalink
`(c) 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.'.CommentsClose CommentsPermalink
TITLE VII--TITLE VII AMENDMENTS
SEC. 701. JAVITS FELLOWSHIP PROGRAM.
(a) Authority and Timing of Awards- Section 701(a) (
(b) Interruptions of Study- Section 701(c) (
(c) Allocation of Fellowships- Section 702(a)(1) (
(1) in the first sentence, by inserting `from diverse geographic regions' after `higher education'; andCommentsClose CommentsPermalink
(2) 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.'.CommentsClose CommentsPermalink
(d) Stipends- Section 703 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `1999-2000' and inserting `2008-2009';CommentsClose CommentsPermalink
(B) by striking `shall be set' and inserting `may be set'; andCommentsClose CommentsPermalink
(C) by striking `Foundation graduate fellowships' and inserting `Foundation Graduate Research Fellowship Program on February 1 of such academic year'; andCommentsClose CommentsPermalink
(2) in subsection (b), by amending paragraph (1)(A) to read as follows:CommentsClose CommentsPermalink
`(1) IN GENERAL- (A) 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.'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- Section 705 (
SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority- Section 712 (
(1) in the last sentence of subsection (b)--CommentsClose CommentsPermalink
(A) by striking `and an assessment' and inserting `an assessment'; andCommentsClose CommentsPermalink
(B) by inserting before the period at the end the following: `, and the priority described in subsection (c) of this section'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c) 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--CommentsClose CommentsPermalink
`(1) 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;CommentsClose CommentsPermalink
`(2) post-baccalaureate study related to teacher preparation and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient individuals; andCommentsClose CommentsPermalink
`(3) support of dissertation research in the fields of math, science, special education, or second language pedagogy and second language acquisition.'.CommentsClose CommentsPermalink
(b) Collaboration Required for Certain Applications- Section 713(b) (
(1) by striking `and' at the end of paragraph (9);CommentsClose CommentsPermalink
(2) by redesignating paragraph (10) as paragraph (11); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (9) the following new paragraph:CommentsClose CommentsPermalink
`(10) 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'.CommentsClose CommentsPermalink
(c) Stipends- Section 714(b) (
(1) by striking `1999-2000' and inserting `2008-2009';CommentsClose CommentsPermalink
(2) by striking `shall be set' and inserting `may be set'; andCommentsClose CommentsPermalink
(3) by striking `Foundation graduate fellowships' and inserting `Foundation Graduate Research Fellowship Program on February 1 of such academic year'.CommentsClose CommentsPermalink
(d) Additional Assistance- Section 715(a)(1) (
(1) by striking `1999-2000' and inserting `2008-2009';CommentsClose CommentsPermalink
(2) by striking `1998-1999' and inserting `2007-2008'; andCommentsClose CommentsPermalink
(3) by inserting `for All Urban Consumers' after `Price Index'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- Section 716 (
(f) Technical Amendments- Section 714(c) (
(1) by striking `section 716(a)' and inserting `section 715(a)'; andCommentsClose CommentsPermalink
(2) by striking `section 714(b)(2)' and inserting `section 713(b)(2)'.CommentsClose CommentsPermalink
SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Contract and Grant Purposes- Section 721(c) (
(1) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2) 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;';CommentsClose CommentsPermalink
(2) by striking `and' at the end of paragraph (4);CommentsClose CommentsPermalink
(3) by striking the period at the end of paragraph (5) and inserting `; and'; andCommentsClose CommentsPermalink
(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(6) to award Thurgood Marshall Fellowships to eligible law school students--CommentsClose CommentsPermalink
`(A) who participated in summer institutes authorized by subsection (d) and who are enrolled in an accredited law school; orCommentsClose CommentsPermalink
`(B) who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity.'.CommentsClose CommentsPermalink
(b) Services Provided- Section 721(d)(1)(D) (
(c) Authorization of Appropriations- Section 721(h) (
(d) General Provisions- Subsection (e) of section 731 (
SEC. 704. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
(a) Contract and Grant Purposes- Section 741(a) (
(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) 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;';CommentsClose CommentsPermalink
(2) 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';CommentsClose CommentsPermalink
(3) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink
`(3) the establishment of institutions and programs based on the technology of communications, including delivery by distance education;';CommentsClose CommentsPermalink
(4) by amending paragraph (6) to read as follows:CommentsClose CommentsPermalink
`(6) 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;';CommentsClose CommentsPermalink
(5) by striking `and' at the end of paragraph (7);CommentsClose CommentsPermalink
(6) by striking the period at the end of paragraph (8) and inserting a semicolon; andCommentsClose CommentsPermalink
(7) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(9) 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;CommentsClose CommentsPermalink
`(10) 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;CommentsClose CommentsPermalink
`(11) 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;CommentsClose CommentsPermalink
`(12) support increased fire safety in student housing--CommentsClose CommentsPermalink
`(A) by establishing a demonstration incentive program for qualified student housing in institutions of higher education;CommentsClose CommentsPermalink
`(B) 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; andCommentsClose CommentsPermalink
`(C) by requiring, as a condition of such grants--CommentsClose CommentsPermalink
`(i) that such technologies be installed professionally to technical standards of the National Fire Protection Association; andCommentsClose CommentsPermalink
`(ii) that the recipient shall provide non-Federal matching funds in an amount equal to the amount of the grant; andCommentsClose CommentsPermalink
`(13) establishing and operating pregnant and parenting student services offices that--CommentsClose CommentsPermalink
`(A) 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; andCommentsClose CommentsPermalink
`(B) 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.'.CommentsClose CommentsPermalink
(b) Military Scholorships- Section 741 (
`(c) Scholarship Program for Family Members of Veterans or Members of the Military-CommentsClose CommentsPermalink
`(1) 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.CommentsClose CommentsPermalink
`(2) 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--CommentsClose CommentsPermalink
`(A) a dependent student who is a child of--CommentsClose CommentsPermalink
`(i) an individual who is--CommentsClose CommentsPermalink
`(I) serving on active duty during a war or other military operation or national emergency (as defined in section 481); orCommentsClose CommentsPermalink
`(II) performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 481); orCommentsClose CommentsPermalink
`(ii) 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; orCommentsClose CommentsPermalink
`(B) an independent student who is a spouse of--CommentsClose CommentsPermalink
`(i) an individual who is--CommentsClose CommentsPermalink
`(I) serving on active duty during a war or other military operation or national emergency (as defined in section 481); orCommentsClose CommentsPermalink
`(II) performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 481); orCommentsClose CommentsPermalink
`(ii) 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.CommentsClose CommentsPermalink
`(3) 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.CommentsClose CommentsPermalink
`(4) MAXIMUM SCHOLARSHIP AMOUNT- The maximum scholarship amount awarded to an eligible student under this subsection for an academic year shall be the lesser of--CommentsClose CommentsPermalink
`(A) the difference between the eligible student's cost of attendance (as defined in section 472) and any non-loan based aid such student receives; orCommentsClose CommentsPermalink
`(B) $5,000.CommentsClose CommentsPermalink
`(5) 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.'.CommentsClose CommentsPermalink
(c) Prohibition- Section 741 (
`(d) 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).'.CommentsClose CommentsPermalink
(d) Areas of National Need- Section 744(c) (
(1) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2)(A) 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.CommentsClose CommentsPermalink
`(B) 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.'; andCommentsClose CommentsPermalink
(2) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink
`(4) International cooperation, partnerships, or student exchange among postsecondary educational institutions in the United States and abroad.CommentsClose CommentsPermalink
`(5) 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).CommentsClose CommentsPermalink
`(6) 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.'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- Section 745 (
SEC. 705. URBAN COMMUNITY SERVICE.
Part C of title VII (
SEC. 706. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities- Section 762(a) (
(b) Authorized Activities-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 762(b)(2) is amended--CommentsClose CommentsPermalink
(A) in subparagraph (A), by inserting `in order to improve retention and completion' after `disabilities';CommentsClose CommentsPermalink
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (E), respectively;CommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
`(B) 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.'; andCommentsClose CommentsPermalink
(D) by inserting after subparagraph (C) (as redesignated by subparagraph (B) of this paragraph) the following new subparagraph:CommentsClose CommentsPermalink
`(D) 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.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 762(b)(3) is amended by striking `subparagraphs (A) through (C)' and inserting `subparagraphs (A) through (E)'.CommentsClose CommentsPermalink
(c) Applications- Section 763 (
(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) a description of how such institution plans to address the activities allowed under this part;';CommentsClose CommentsPermalink
(2) by striking `and' at the end of paragraph (2);CommentsClose CommentsPermalink
(3) by striking the period at the end of paragraph (3) and inserting `; and'; andCommentsClose CommentsPermalink
(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) 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.'.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- Section 765 (
TITLE VIII--CLERICAL AMENDMENTS
SEC. 801. CLERICAL AMENDMENTS.
(a) Definition- Section 103 (
(1) by redesignating paragraphs (1) through (16) as paragraphs (2) through (17), respectively; andCommentsClose CommentsPermalink
(2) by inserting before paragraph (2) (as so redesignated) the following new paragraph:CommentsClose CommentsPermalink
`(1) AUTHORIZING COMMITTEES- The term `authorizing committees' means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.'.CommentsClose CommentsPermalink
(b) Committees-CommentsClose CommentsPermalink
(1) 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':CommentsClose CommentsPermalink
(A) Section 428(g) (
(B) Section 428A(c)(2) (
(C) Section 428A(c)(5) (
(D) Section 455(b)(7)(B) (
(E) Section 483(c) (
(F) Section 486(e) (
(G) Section 486(f)(3)(A) (
(H) Section 486(f)(3)(B) (
(I) Section 487A(a)(5) (
(J) Section 487A(b)(2) (
(K) Section 487A(b)(3)(B) (
(L) Section 498B(d)(1) (
(M) Section 498B(d)(2) (
(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':CommentsClose CommentsPermalink
(A) Section 141(d)(4)(B) (
(B) Section 428(n)(4) (
(C) Section 437(c)(1) (
(D) Section 485(f)(5)(A) (
(E) Section 485(g)(4)(B) (
(3) Section 401(f)(3) (
(4) Section 428(c)(9)(K) (
(5) Section 432(f)(1)(C) (
(6) Section 439(d)(1)(E)(iii) (
(7) Paragraphs (3) and (8)(C) of section 439(r) (
(8) Paragraphs (5)(B) and (10) of section 439(r) (
(9) Section 439(r)(6)(B) (
(10) Section 439(s)(2)(A) (
(11) Section 439(s)(2)(B) (
(12) Section 482(d) (
(c) Additional Clerical Amendments-CommentsClose CommentsPermalink
(1) Clauses (i) and (ii) of section 425(a)(2)(A) (
(2) Section 428(a)(2)(E) (
(3) Clauses (i) and (ii) of section 428(b)(1)(B) (
(4) Section 428(b)(1)(Q) (
(5) Section 428(b)(7)(C) (
(6) Section 428G(c)(2) (
(7) The heading for section 433(e) (
(8) Section 433(e) (
(9) Section 435(a)(3) (
(A) by inserting `or' at the end of subparagraph (A);CommentsClose CommentsPermalink
(B) by striking subparagraph (B); andCommentsClose CommentsPermalink
(C) by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink
(10) Section 435(d)(1)(G) (
(11) Section 435(m) (
(A) in paragraph (1)(A), by striking `, 428A,'; andCommentsClose CommentsPermalink
(B) in paragraph (2)(D), by striking `428A' each place it appears and inserting `428H'.CommentsClose CommentsPermalink
(12) Section 438(b)(2)(D)(ii) (
(13) Section 438(c)(6) (
(A) by striking `sls and plus' in the heading and inserting `plus'; andCommentsClose CommentsPermalink
(B) by striking `428A or'.CommentsClose CommentsPermalink
(14) Section 438(c)(7) (
(15) 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 (
TITLE IX--AMENDMENTS TO OTHER EDUCATION LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.
(a) General Authority- Section 104(a)(1)(A) of the Education of the Deaf Act of 1986 (
(b) Administrative Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 104(b) of the Education of the Deaf Act of 1986 (
(A) in the matter preceding subparagraph (A) of paragraph (1), by striking `elementary and secondary education programs' and inserting `Laurent Clerc National Deaf Education Center';CommentsClose CommentsPermalink
(B) in paragraph (2), by striking `elementary and secondary education programs' and inserting `Laurent Clerc National Deaf Education Center'; andCommentsClose CommentsPermalink
(C) in paragraph (4)(C)--CommentsClose CommentsPermalink
(i) in clause (i), by striking `(6)' and inserting `(8)'; andCommentsClose CommentsPermalink
(ii) in clause (vi), by striking `(m)' and inserting `(o)'.CommentsClose CommentsPermalink
(2) ACADEMIC CONTENT STANDARDS, ACHIEVEMENT STANDARDS, AND ASSESSMENTS- Section 104(b) of the Education of the Deaf Act of 1986 (
`(5) 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--CommentsClose CommentsPermalink
`(A) 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;CommentsClose CommentsPermalink
`(B) develop adequate yearly progress standards for such Center as described in section 1111(b)(2)(C) of such Act; andCommentsClose CommentsPermalink
`(C) 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.'.CommentsClose CommentsPermalink
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(b)(4) of the Education of the Deaf Act of 1986 (
(1) by striking `the Act of March 3, 1931 (
(2) by striking `section 2 of the Act of June 13, 1934 (
SEC. 903. AUTHORITY.
Section 111 of the Education of the Deaf Act of 1986 (
SEC. 904. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
(a) General Authority- Section 112(a) of the Education of the Deaf Act of 1986 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the first sentence--CommentsClose CommentsPermalink
(i) by striking `an institution of higher education' and inserting `the Rochester Institute of Technology, Rochester, New York,'; andCommentsClose CommentsPermalink
(ii) by striking `of a' and inserting `of the'; andCommentsClose CommentsPermalink
(B) by striking the second sentence; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) 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'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `the institution' and inserting `the Rochester Institute of Technology'.CommentsClose CommentsPermalink
(b) Provisions of Agreement- Section 112(b) of the Education of the Deaf Act of 1986 (
(1) in paragraph (2), by striking `or other governing body of the institution' and inserting `of the Rochester Institute of Technology';CommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking `or other governing body of the institution' and inserting `of the Rochester Institute of Technology';CommentsClose CommentsPermalink
(B) 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'; andCommentsClose CommentsPermalink
(C) by striking `Committee on Labor and Human Resources of the Senate' and inserting `Committee on Health, Education, Labor, and Pensions of the Senate'; andCommentsClose CommentsPermalink
(3) in paragraph (5)--CommentsClose CommentsPermalink
(A) by striking `the Act of March 3, 1931 (
(B) by striking `section 2 of the Act of June 13, 1934 (
(c) Limitation- Section 112(c) of the Education of the Deaf Act of 1986 (
(1) in paragraphs (1) and (2), by striking `institution' each place it appears and inserting `Rochester Institute of Technology'; andCommentsClose CommentsPermalink
(2) in the matter following paragraph (2), by striking `the applicant' and inserting `RIT'.CommentsClose CommentsPermalink
SEC. 905. DEFINITIONS.
Section 201 of the Education of the Deaf Act of 1986 (
(1) by striking paragraph (3);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(7) The term `RIT' means the Rochester Institute of Technology.'.CommentsClose CommentsPermalink
SEC. 906. AUDIT.
(a) Government Accountability Office Authority- Section 203(a) of the Education of the Deaf Act of 1986 (
(1) in the heading, by striking `general accounting office' and inserting `government accountability office'; andCommentsClose CommentsPermalink
(2) in the matter following paragraph (2), by striking `General Accounting Office' and inserting `Government Accountability Office'.CommentsClose CommentsPermalink
(b) Independent Financial and Compliance Audit- Section 203(b)(1) of the Education of the Deaf Act of 1986 (
(c) Compliance- Section 203(b)(2) of the Education of the Deaf Act of 1986 (
(d) Submission of Audits- Section 203(b)(3) of the Education of the Deaf Act of 1986 (
(1) 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'; andCommentsClose CommentsPermalink
(2) by striking `or the institution authorized to establish and operate the NTID under section 112(a)' and inserting `or RIT'.CommentsClose CommentsPermalink
(e) Limitations Regarding Expenditure of Funds- Section 203(c)(2)(A) of the Education of the Deaf Act of 1986 (
SEC. 907. REPORTS.
(a) Technical Amendments- Section 204 of the Education of the Deaf Act of 1986 (
(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'; andCommentsClose CommentsPermalink
(2) 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'.CommentsClose CommentsPermalink
(b) Contents of Report- Section 204 of the Education of the Deaf Act of 1986 (
(1) in paragraph (1), by striking `preparatory,';CommentsClose CommentsPermalink
(2) in paragraph (2)(C), by striking `upon graduation/completion' and inserting `within one year of graduation/completion'; andCommentsClose CommentsPermalink
(3) 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'.CommentsClose CommentsPermalink
SEC. 908. MONITORING, EVALUATION, AND REPORTING.
Secti of the Education of the Deaf Act of 1986 (
SEC. 909. LIAISON FOR EDUCATIONAL PROGRAMS.
Section 206(a) of the Education of the Deaf Act of 1986 (
SEC. 910. 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 (
SEC. 911. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 208(a) of the Education of the Deaf Act of 1986 (
(1) by striking `the institution of higher education with which the Secretary has an agreement under part B of title I' and inserting `RIT'; andCommentsClose CommentsPermalink
(2) by striking `Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives' and inserting `Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate'.CommentsClose CommentsPermalink
SEC. 912. INTERNATIONAL STUDENTS.
(a) Enrollment- Section 209(a) of the Education of the Deaf Act of 1986 (
(b) Tuition Surcharge- Section 209(b) of the Education of the Deaf Act of 1986 (
(c) Definition- Section 209(d) of the Education of the Deaf Act of 1986 (
SEC. 913. RESEARCH PRIORITIES.
Section 210(b) of the Education of the Deaf Act of 1986 (
SEC. 914. AUTHORIZATION OF APPROPRIATIONS.
(a) Monitoring and Evaluation Activities- Section 205(c) of the Education of the Deaf Act of 1986 (
(b) 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 (
(c) General Authorization of Appropriations- Section 212 of the Education of the Deaf Act of 1986 (
(1) in the matter preceding paragraph (1) in subsection (a), by striking `fiscal years 1998 through 2003' and inserting `fiscal years 2008 through 2013'; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking `fiscal years 1998 through 2003' and inserting `fiscal years 2008 through 2013'.CommentsClose CommentsPermalink
(d) Short Title-CommentsClose CommentsPermalink
(1) IN GENERAL- The Education of the Deaf Act of 1986 (
`SECTION 1. SHORT TITLE.
`This Act may be cited as the `Gallaudet University and National Technical Institute for the Deaf Act'.'.CommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
PART B--ADDITIONAL EDUCATION LAWS
SEC. 921. AMENDMENT TO HIGHER EDUCATION AMENDMENTS OF 1998.
(a) Repeals of Expired and Executed Provisions- The following provisions of the Higher Education Amendments of 1998 are repealed:CommentsClose CommentsPermalink
(1) STUDY OF MARKET MECHANISMS IN FEDERAL STUDENT LOAN PROGRAMS- Section 801 (
(2) STUDY OF FEASIBILITY OF ALTERNATE FINANCIAL INSTRUMENTS FOR DETERMINING LENDER YIELDS- Section 802.CommentsClose CommentsPermalink
(3) STUDENT RELATED DEBT STUDY- Section 803 (
(4) COMMUNITY SCHOLARSHIP MOBILIZATION- Part C of title VIII (
(5) INCARCERATED YOUTH- Part D of title VIII (
(6) IMPROVING UNITED STATES UNDERSTANDING OF SCIENCE, ENGINEERING, AND TECHNOLOGY IN EAST ASIA- Part F of title VIII (
(7) WEB-BASED EDUCATION COMMISSION- Part J of title VIII.CommentsClose CommentsPermalink
(b) Extensions of Authorizations and Studies-CommentsClose CommentsPermalink
(1) TRANSFER OF CREDIT- Section 804(b) of such Act (
(A) by striking `one year after the date of enactment of this Act' and inserting `September 30, 2008'; andCommentsClose CommentsPermalink
(B) by inserting `and policies of institutions of higher education' after `agencies or associations'.CommentsClose CommentsPermalink
(2) COHORT DEFAULT RATE STUDY- Section 806 of such Act is amended--CommentsClose CommentsPermalink
(A) 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'; andCommentsClose CommentsPermalink
(B) in subsection (c), by striking `September 30, 1999,' and inserting `September 30, 2008,'.CommentsClose CommentsPermalink
(3) UNDERGROUND RAILROAD- Subsection (c) of section 841 (
`(c) 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.'.CommentsClose CommentsPermalink
SEC. 922. TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT OF 1978.
(a) Title I Authorization- Section 110(a) of the Tribally Controlled Community College or University Assistance Act of 1978 (
(1) by striking `1999' each place it appears and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' each place it appears and inserting `5 succeeding'.CommentsClose CommentsPermalink
(b) Title III Reauthorization- Section 306(a) of the Tribally Controlled Community College or University Assistance Act of 1978 (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
(c) Title IV Reauthorization- Section 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
(d) Additional Amendments- The Tribally Controlled Community College or University Assistance Act of 1978 is further amended--CommentsClose CommentsPermalink
(1) in section 2(a)(6) (
(2) in section 2(b), by striking paragraph (5) and inserting the following:CommentsClose CommentsPermalink
`(5) 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.'; andCommentsClose CommentsPermalink
(3) in section 103 (
`(4) 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.'.CommentsClose CommentsPermalink
SEC. 923. NAVAJO COMMUNITY COLLEGE ACT.
Section 5(a)(1) of the Navajo Community College Act (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 924. EDUCATION AMENDMENTS OF 1992.
Section 1543(d) of the Education Amendments of 1992 (
(1) by striking `1999' and inserting `2008'; andCommentsClose CommentsPermalink
(2) by striking `4 succeeding' and inserting `5 succeeding'.CommentsClose CommentsPermalink
SEC. 925. STUDY OF STUDENT LEARNING OUTCOMES AND PUBLIC ACCOUNTABILITY.
(a) 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.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
(c) Required Subjects of Study- In performing the study, the association shall, at a minimum, examine the following:CommentsClose CommentsPermalink
(1) The current status of institutional and state efforts to embed student learning assessments into the state-level public accountability frameworks.CommentsClose CommentsPermalink
(2) The extent to which there is commonality among educators and accrediting agencies on learning standards for the associates and bachelors degrees.CommentsClose CommentsPermalink
(3) The reliability, rigor, and generalizability of available instruments to assess general education at the undergraduate level.CommentsClose CommentsPermalink
(4) Roles and responsibilities for public accountability for student learning.CommentsClose CommentsPermalink
(d) Consultation-CommentsClose CommentsPermalink
(1) 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.CommentsClose CommentsPermalink
(2) MEMBERSHIP- The national advisory committee shall consist of a representative of the Secretary of Education and individuals with expertise in--CommentsClose CommentsPermalink
(A) State accountability systems;CommentsClose CommentsPermalink
(B) student learning assessments;CommentsClose CommentsPermalink
(C) student flow data;CommentsClose CommentsPermalink
(D) transitions between K-12 and higher education; andCommentsClose CommentsPermalink
(E) Federal higher education policy.CommentsClose CommentsPermalink
(3) ADDITIONAL EXPERTISE- The association may augment this committee with other expertise, as appropriate.CommentsClose CommentsPermalink
(e) 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.CommentsClose CommentsPermalink
(f) 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.CommentsClose CommentsPermalink
SEC. 926. STUDY OF EDUCATION-RELATED INDEBTEDNESS OF MEDICAL SCHOOL GRADUATES.
(a) 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.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
SEC. 927. INCREASE IN COLLEGE TEXTBOOK PRICES.
(a) Findings- The Committee on Education and Labor of the House of Representatives makes the following findings:CommentsClose CommentsPermalink
(1) The rising costs of higher education are making a postsecondary education inaccessible for many individuals.CommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
(b) 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:CommentsClose CommentsPermalink
(1) 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'.CommentsClose CommentsPermalink
(2) Textbook publishers should work with faculty to understand the cost to students of purchasing the recommended textbooks.CommentsClose CommentsPermalink
(3) 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.CommentsClose CommentsPermalink
(4) Colleges and universities should be encouraged to implement numerous options to address textbook affordability.CommentsClose CommentsPermalink
SEC. 928. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS.
(a) 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--CommentsClose CommentsPermalink
(1) 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;CommentsClose CommentsPermalink
(2) 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; andCommentsClose CommentsPermalink
(3) 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.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
(c) 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--CommentsClose CommentsPermalink
(1) an interim report regarding the evaluation under subsection (a) not later than December 31, 2008; andCommentsClose CommentsPermalink
(2) a final report regarding such evaluation not later than December 31, 2009.CommentsClose CommentsPermalink
SEC. 929. STUDY OF CAMPUS-BASED PROGRAM ALLOCATION OF FUNDS.
(a) 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)--CommentsClose CommentsPermalink
(1) to examine the procedure for allocating funds to institutions;CommentsClose CommentsPermalink
(2) 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; andCommentsClose CommentsPermalink
(3) to suggest any modifications to the allocation procedures to ensure appropriate distribution of funds under these programs.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
SEC. 930. 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--CommentsClose CommentsPermalink
(1) encourage faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus;CommentsClose CommentsPermalink
(2) enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability;CommentsClose CommentsPermalink
(3) 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; andCommentsClose CommentsPermalink
(4) 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.CommentsClose CommentsPermalink
SEC. 931. STUDY OF RESIDENCY APPLICATIONS.
(a) 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--CommentsClose CommentsPermalink
(1) requires more than 5 years of total graduate medical training; andCommentsClose CommentsPermalink
(2) has fewer United States medical school graduate applicants than total number of training and fellowship positions.CommentsClose CommentsPermalink
(b) 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.CommentsClose CommentsPermalink
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